civus
Hearing video

ZBA Hearing - October 19, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 19, 20224h 18m

and spell for the court reporter, please? Good morning. Mary Jones, M-A-R-Y-J-O-N-E-S,

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representing Council President Daryl Clark. Hi. Do you swear for him to tell the truth,

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the whole truth, and nothing but the truth? I do. Proceed. Yes. Our office, actually,

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because there was no active RCO at this time.

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We hosted this meeting earlier this year.

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I was in attendance.

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It was a virtual meeting.

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And we heard a few cases,

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but this is the only one where we had high attendance

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from near neighbors who live directly across

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from this property in the um in the blocks that the attorney claimed to not know what it was it's

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all single family houses um it they are concerned about the added density and they were also

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concerned about the construction and just there's the street is very small and um if you can tell

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there's just it's like a a tea basically and when they're coming down their street

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to turn um on to harlan it's just there's not a lot of room so they were concerned

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So they were concerned about construction and what that impact was going to be.

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about construction and what that impact was going to be and it was

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And it was something that there was no assurances really made or nothing put in writing at that time.

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And we thought we were going to hear back from them, but no one made an attempt to reach out to the community again.

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And so they were just very concerned about this property and adding more cars to a tiny area.

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and um and so that's why they came to the position of opposite opposing this project

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and the council president does support that position okay thank you thank you for calling in

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um anyone else in the verse audience

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i see no further hands mr chair planning commission thank you chair bergman ian hegarty

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for the philadelphia city planning commission board members in 2016 the zoning map was amended

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on this block from rm1 to rsa5 and recommend in accord with recommendations from the comprehensive

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plan the proposed dimensional variances for rear yard depth and occupied area are warranted we

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believe in this case given the shallow and small lot however the proposed variance for two family

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use we find unnecessary and unrelated to the physical constraints of the lot city planning

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Commission recommends that the Board grant the dimensional variances, but deny the use variants.

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In my 2021-004-961-1902 Harlem Street, I vote no to the use variants and yes to the

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zoning refusal minimum yard and exceeds maximum occupied area.

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Mr. Chair here, let me simplify that. You can vote yes with a proviso, dimensional variances granted, only granted, or something like that. Yes to dimensional variances only, yes.

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okay so why don't okay fine so i i vote yes to uh dimensional variances only

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and no two-family household living yeah that could that could work you could just

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yeah that that that's fine yes we'll work with that thank you thank you uh carol tenery my vote

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is yes with provisos. Tom Solomon, my vote is no. James Snell, my vote is yes with provisos.

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James Snell, my vote is no.

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Okay, so let's just get this straight. So what's approved is the size of a property you want to

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bill but you can't have you can't have a duplex right that that is correct Mr. Chair the two

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the two-dimensional variances were approved but the use refusal was denied all right and

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everybody's okay with that right yes Mr. Chairman okay thank you thank you

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thank you counsel thank you my number 12 mi2022 000401 6022 on the street

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zhen jin is the attorney

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letter of support from 40th ward republicans

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good morning good morning good morning could you state your name and spell for the court reporter

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please yes uh zen jen z h n last name is j i n 1617 john f kennedy boulevard suite 1838

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Philadelphia PA 19103 here on behalf of the applicant.

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Right.

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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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Okay.

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

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Yes.

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Mr. Edward Pronay is the owner of the property.

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Our vice chair has a few questions.

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Hi, Mr. Jen.

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Do you agree to waive the reading out of the refusal and stipulate to its accuracy?

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I do.

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have you emailed the exhibit packet with proof of ownership tax compliance a copy of the refusal or

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referral photos under plans of the property five days in advance of this hearing and have you met

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with the rco and do you have a letter uh yes to all questions okay great you may proceed

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and begin by sharing your screen thank you i'm going to share with the board the exhibit that was

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Thank you. I'm going to share with the board the exhibit that was presented as part of this application. Can the board see my screen on their screen?

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presented.

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Yes.

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Excellent. Thank you. So we have submitted a copy of refusal, the support letter that was emailed to us from 40th Ward. However, it is part of a coalition of RCOs that participated, photos, plans, and related documentation.

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This application is essentially a legalization request for a property that is located in the RSA-5 zoning district.

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My client purchased the property in its existing condition, which is structurally set up as a two-family duplex unit.

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When we met with the RCO, and their letter is attached here, when we met with the RCO, we are receiving support from the local RCOs because the two-family residential unit set up is actually needed in the community.

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This building also was a two-family before.

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It's not something that was converted.

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It's structurally set up as a two-family.

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there will be no negative impact from the approval of this use because it has been there for some

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time. The only thing they ask for is that they want to make sure that each unit's sub-metered

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so that they don't have each unit paying for the common area. Now, there are two electrical

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meters already. What the community is saying is we want the hallway to be separately metered so

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that tenants won't be the one paying for what is hallway lights. And that's something my client

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doesn't really have an issue with. We can work that out so that the tenants will not ever have

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to pay for what is common area electric or it's properly attributed. Now, not every RCO participated,

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but again, we have support from the RCO. The best way to understand the existing conditions is

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through the photos. As you can see, this property is in the middle of the block. There are other

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similar uses on the block based on my conversation with the RCO. That is part of the reason they

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support the proposed use. The building has two kitchens, one on the first floor and one on the

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second floor. The inside is all existing. It will be renovated in the sense that appliances will be

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updated. There will be paint. There will be work to make sure the space is properly refurbished

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before someone else is allowed to move into it. One of the unit is occupied. The other one was

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vacated to make sure that we comply currently with the permitted uses. The floor plan, which

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I'm going to show now, is what is existing. You can clearly see that the entryway itself has been

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separated so that once you enter on the porch and the main entry, there's a second door that leads

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to steps to the second unit. And then the first floor is the first unit. Each unit has its own

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kitchen, and it's a two-bedroom, one-bedroom setup. So essentially, because it's pre-existing,

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reconverting it would be a hardship to my client. Also, the community understands that this size

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units actually works well with what

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their needs are and support that

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particular proposal.

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My client is available to verify

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my testimony and he is standing

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by and I'll be happy to answer

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any other questions or any questions

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from the zoning board relating to this

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application. Why don't we have your

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client adopt your testimony?

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Sure. Mr. Prone, can you

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raise your hand virtually to be identified?

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Mr. Prone has been allowed to speak

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Hi, could you state your name and spell for the court reporter?

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Hello, my name is Edward Perone, E-D-U-A-R-D, last name P-R-O-N-A-Y.

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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, I do.

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Proceed, counsel.

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Thank you.

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Mr. Perone, you heard and saw my presentation to the zoning board?

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Yes.

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Can you verify what I have represented is true and correct and adopt it as your own testimony?

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Yes.

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Thank you.

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Council, before I open it up to the board, could you show the rest of the block what it looks like with multifamily dwellings?

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So I don't have a specific picture of the entire block, Chairman.

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What I have was an overlay picture from the maps.

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So it's essentially similar style buildings throughout the block.

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Right. And there are a mix of single and multifamily.

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uh and again this was represented to me at the community meeting that yeah they're aware of the

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And again, this was represented to me at the community meeting that.

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Yeah.

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uses around it okay good thank you questions from the board no mr chairman no mr chairman no mr

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questions or comments from the virtual audience

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planning committee that's mr chair thank you chair bergman in hegarty for the philadelphia

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city planning commission board members in 2019 the zoning map was amended in this area to promote

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single family use on row home blocks such as this one however the proposed use is consistent with

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the physical configuration of the existing building as has been demonstrated by council

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the city planning commission recommends that the board grant this variance thank you mi 2022

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000 401 6022 almond street i vote yes carol tenere my vote is yes thomas holloman my vote is yes

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ishmael shaheed my vote is yes

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thank you counsel thank you may i be excused yes thank you

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My number 15, MI 2021-005-284-2086 Hain Street. Diane Manning is the applicant pro se.

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Hang on. Do we have an RCO letter here?

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no mr chair we do not have an rco letter and we did not receive proof that notices went out for

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an rco meeting all right let's let's we'll get we'll get the other one diane manning

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miss manning if you're in the audience please raise your virtual hand

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okay she's in okay thank you

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miss manning can you unmute yourself

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yes i'm here hi miss manning could you uh state your name and spell for the court reporter

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diane manning d-i-a-n-e m-a-n-n-i-n-g do you swear affirm to tell the truth the whole truth

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nothing but the truth yes have you had an rco meeting yes and do you have a letter yes

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okay have you sent a letter into our office yes the person that um

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from the rto said they sent everything on friday

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okay to the zoning board

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uh hillary do we have anything um i'll double check but i had not seen anything

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um when was the so um Ms Manning can you um let me know when was the meeting held and what was

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the RCO that you met with um that was May the 18th and it was

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William Berg Bergman Bergman that's the zoning board chair

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the 10th ward rco okay and you met with them back in may yes may 18th okay all right um i will look

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to see if we have a letter but i may need you to to send that that in are you able to show it on

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your screen yes it actually should be with everything else that i have i'm trying to see

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how we'll pull that up. All right. Okay. So, why don't our vice chair ask you a few more questions?

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And, Ms., can you start your video, please?

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Okay. Have you emailed the exhibit packet with the required documents consisting of proof of

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ownership tax compliance a copy of the refusal or referral photos and or plans of the property

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five days in advance of this hearing and have you met with the rco and do you have a letter

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yes to everything okay this application is for use as personal services on the first floor of

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an existing structure there are no signs on this permit one use refusal whereas the proposed use

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personal services is expressly prohibited in the RSA 5 residential zoning district.

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So you may proceed and begin by sharing your screen.

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So you may proceed and begin by sharing your screen.

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So, Ms. Manning, you should open up your documents and then share your screen with

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the green button on the bottom. Okay.

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Then you just have it.

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Okay, do you have your documents open?

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I'm trying to get to it.

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Okay, so someone can offer some help here.

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so if you pull your thumb drop out and pull it back in will that do it

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what kind of computer do you have uh macbook air okay

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do you see your documents on the computer

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no i did before i got called it was right up to my left hand and i don't see it anymore

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i'm not um familiar with mac dp uh z

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not too familiar but you need to find you you'd have to still find your documents

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i we can only help with the zoom part

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it was just up there like

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so miss manning this is what we're going to do we have a couple other cases we're going to go on

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with the other cases, we'll come back to you. So see if you can't find your documents. We'll

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come back to you in like maybe 20 minutes or a half hour. Okay. Okay. Thank you. All right. Thank

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you. My number 16, MI 2022-003-142-3318 Bowman Street. Sandra Baptiste is the owner, Pro Se.

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um we have a letter of non-opposition from the east falls community council

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also the adjacent neighbor has has sent in an email

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sandra bacti please we've been promoted to panelists sir okay

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hi good morning good morning could you state your name and spell for the court reporter please

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It's Sandra Bapte, S-A-N-D-R-A-B-A-P-T-I-E.

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All right.

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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, I do.

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So our vice chair has a few questions for you, okay?

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Sure.

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Hi, Sandra.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal,

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referral, photos, and or plans of this property five days in advance of this hearing?

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and have you met with the RCO and do you have a letter? Yes to all of those. Okay great this is

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an application for the erection of an addition to an existing attached structure including the

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legalization of a deck at the rear for the documentation of one existing accessory off

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street surface parking space and one existing accessory interior parking space for single

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