civus
Hearing video

ZBA Hearing - May 26, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 26, 20215h 28m

um impact uh those those windows but again uh i think to uh board member hallman was saying that

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those windows are not located directly to the rear of this property and so

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yeah these are windows would be impacted more by 746 right right and we're talking about 748 and

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again uh mrs smith's property covers 100 of the lot coverage so if her property was in conformance

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with the code uh you know she probably wouldn't uh have have those issues but again we're trying

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to provide 33 feet instead of 38 feet which is permitted by right and what we're really here for

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is just uh for the front setback not the rear setback well you are here for the rear setback

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we're not we're here for one at a time please even if a refusal was not granted for violation

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of section 14305 on expansion of non-conformities.

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It's certainly an issue that is valued before this board when you're seeing the variance.

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I just want to make a point of clarification.

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It's rear yard, not third-story setback or second-story setback.

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It's the rear yard.

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And so that would have nothing to do with the second or third or seventh floor.

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It's the rear yard.

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And again, we're not providing anything.

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And if you look at the aerial, you can see from the one that Mr. Toner provided, it looks

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like mrs smith's property is encroaching on the rear of almost all these properties um on the on

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the back of cleveland street contributing to the small space the only way to mitigate that would

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be to demolish almost all those homes to the rear or have mrs smith provide a property that conforms

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with the code can you show us the screen it shows an encouragement by my client sure if you want to

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sure if you want to just um if you want to allow me to share my screen uh chairman we have a couple

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just, if you want to allow me to share my screen.

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people who um are waiting to testify in support and then i'm happy to um i just wanted to point

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a clarification that it's we're asking for not to write a front setback and to do the mansard roof

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which um i believe mr toner stated his client is not in opposition to and to uh board member

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hallman's point um i don't believe we're going to be impacting the windows and that the buy rate

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option of a 38 foot uh i mean i i think that's the bottom line you could you could go up 38 feet

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and then by right so if you're a francis mangabot um or a scott goldstein these are neighbors who

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are uh looking to to speak as well that goldstein you can unmute yourself and speak now mr goldstein

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please identify yourself with the record spell your last name and i'll swear you in good morning

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This is Scott Goldstein, first name Scott, S-C-O-T-T, last name Goldstein, G-O-L-D-S-T-E-I-N,

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and I'm the owner at 770 South Cleveland Street.

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Thank you, Square, for I'm to tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Please proceed.

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Rachel.

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Scott, I just wanted you to share your testimony as a near neighbor and someone who's lived

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on the block for a number of years.

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Feel free to share your thoughts on the project and anything else that you'd like to add.

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Sure. I've lived on this block of South Cleveland Street since 2013, and after attending the SOSNA meeting last week, I do feel that this project, as proposed, particularly with the agreed-upon provisos, is a great alternative to the eight-foot setback, which I don't think is a particularly attractive look for our block.

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and uh as proposed with the mansard roof i i have no objection to it um i've never considered our

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block a historical one um i think it's a beautiful block and i think this this proposal particularly

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with a another mid-block three-story addition that is likely to come as well that this board

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approved um i think that adding this one will have no negative impact and i would just support

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this project thank you for your testimony anyone else to testify please raise your hand

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here we have a jared farmer mr farmer you can unmute yourself and speak now

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mr farmer please identify yourself spell your first and last name

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provide us with your address and i'll swear you in

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mr farmer

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anyone else

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is there a greg wait wait can you hear me can you hear yes now we can please identify yourself

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excuse me sorry the same issue this is no worries no worries farmer j-a-r-e-d-f-a-r-m-e-r i'm the

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owner resident of 747 south cleveland you swear a firm to tell the truth the whole truth nothing

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about the truth I do please proceed hi as I said yeah I'm the owner directly across the street from

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746 and really 748 I really think of these as the same project because 748 wants to do the same

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thing as 746 so I think it's a little disingenuous to like say these are separate but anyway I'm

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speaking both as a property owner and also a professional who studies historic preservation

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I'm a history professor at Penn and I oppose this application on specific and also general terms

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Specifically, I think an oversized third-story addition with a pilothouse and roof deck will diminish my sunlight and take away my sunset views.

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I don't just think that I know that.

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South Cleveland is much narrower than most streets, so overbuilds here would loom over the block and block light and views in a way they would not on a wider street.

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So I think this affects not just people in back, but people in front.

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On general terms, and this is where I'm really speaking to the zoning board, and this is beyond this particular project,

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I would oppose any developments that destroy the architectural integrity of a block, especially a block that has one of the, you know, last complete rows of two stories with original facades.

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That's a real rarity, and I think it should be valued, you know, as a community value.

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And I'm really struck that the attorney of the applicants has asserted over and over that this project is respectful because it's violating the setback code with a mansard, as if all mansards are the same, as if all mansards are inherently respectful.

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I want to say it's only in the context of, you know, Demodelfia, if you want to think of that, a city that allows demolitions left and right, that a grossly designed mansard that violates the existing architecture and style material and especially proportion could be described as respectful.

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And I really do think the city is in a moment of crisis regarding historic preservation.

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Well, Mr. Farmer, with all due respect, if you can just speak to this property, and you do realize that as a buy right, they can put an addition on and go up as high as 38 feet, which would be.

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they can they can put an addition on and go up as high as 38 feet which would be higher than what

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is being proposed yes so that's why i'm in part speaking to the zoning board and again this is

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not personal i totally understand why owners might want a second bathroom or roof deck i have no

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problem of course in principle to get renovations basement excavations simple roof decks you know

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my own house has a 16 foot setback with a sunroom it's invisible the overbuilds invisible from the

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street so i want to say there's ways to do renovations and create more space without

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negatively affecting neighborhood property owners and without alienating neighbors so i would hope

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that you deny the proposals outright on the grounds of near neighbor opposition and also

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historic preservation of this particular street but i guess i would just implore the zoning board

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in general to just you know to help owners developers and architects to be just more

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imaginative and to design structures that are truly respectful in terms of size proportion

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and thank you mr farmer thank you we appreciate you chairman i just also want to point out

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I believe Mr. Farmer moved to this block in 2019, so he's a new addition, and the home he bought does have an eight-foot setback, and again, there's a 16-foot setback, and again, I would just add for the record, there's no historical significance to an eight-foot setback.

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Thank you.

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Chair, I would like to mention that we do have currently nine hands up. I don't know how you want to handle that.

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And we are almost an hour into this case.

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um could i have my client adopt the testimony the other supporters they'll be very brief i've asked

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them to be well we're not gonna if if they're if all nine well well i'll ask the question if

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any of the nine are still opposed but if they're all in favor i'd ask that one spokesperson sure

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i'm just gonna have my clients adopt my testimony for for the record please do thank you

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what's your client's name rachel pritzker or leslie pritzker

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adam pritzker yeah adam please identify yourself with the records by your last name and i'll swear

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are you in? Adam Pritzker, P-R-I-T-Z-K-E-R. I'm the owner, one of the owners of 748 South

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Cleveland Street. Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do. Please proceed. Adam, have you heard my testimony today in front of the board?

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I have. Has it been accurate and true to the best of your knowledge? Yes, it has. And do you adopt

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it as your own i do thank you thank you um any questions from the board just one more uh mr

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chairman uh 746 and 750 what is what is their position 746 is here he's uh same as greg he can

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speak uh he's in support of the project the uh 750 is tenants um who don't speak um great english

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So I believe Leslie Adams' wife spoke to them, but we do have the owners of 746 here as well, and they can speak in support of the project on their own.

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Okay, so we'll allow that testimony, and whoever is the owner or owners of 746, please raise your hand, identify yourself.

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I would ask, Chair, that all other hands be lowered.

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yeah i'm just going to uh rachel what is the name of your uh it's grad katz

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mr katz you're you can unmute yourself and speak now good morning mr katz please spell your name

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and i will swear you in hi everybody uh my name is greg katz g-r-e-g-k-a-t-z you swear affirm to

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tell the truth the whole truth nothing but the truth i do thank you please proceed hi everybody

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Yeah, good morning. I am here in support of the project. I've lived next to Adam and Leslie for

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over two years, and I've been in the neighborhood for two years. I am firmly in support of the

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project. They are fantastic neighbors, and I think that the project as proposed with the

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provisos would be a great addition to the neighborhood, and I would be happy to be next

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to that structure thank you thank you very much uh rachel um are there provisos yes we have uh

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provisos with the revised plans um with the excuse me this is this is sharon um rachel are all of

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the provisos incorporated into the one page of the revised plans yes thank you it's one page thank

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you all right any other questions from the board no no no commission

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good morning chair to chico ian hegarty for the philadelphia city planning commission

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please spell your name and h-e-g-a-r-t-y first name is i-a-n

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First name is I-A-N.

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

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

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Yes, sir.

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Thank you.

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Please proceed.

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Good morning, Chair DeChico, members of the board.

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Comprehensive plan recommends no change from the existing single family zoning at this location.

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Per 14304, the board shall consider three hardship factors for dimensional variances.

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First, the economic detriment to the applicant if the variance is denied.

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we do not feel that the applicant faces an economic detriment as adherence to the rule

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does not deprive them of reasonable use of the existing structure second the financial burden

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created by any work necessary to bring the building into strict compliance again this is

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an existing structure complying with the code would not impose a greater cost than what's being

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proposed and third the characteristics of the surrounding neighborhood this block face is

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uniformly compliant with the height restriction from which the appellant is seeking a variance

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relief. And so the grant would very clearly break that uniformity and disrupt the characteristic

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of the block. So we feel that the grant of the variance. Sorry about that. Yep. The block face

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is uniformly compliant with the height restriction from which the appellant is seeking variance

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relief and so we feel that granted the variance would uh disrupt the characteristic of the block

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and so for those three reasons we would argue that the appellant has not demonstrated hardship

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in this case and the board should deny the variances um yeah and are you aware that the

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board and the planning commission supported the addition of a third story flush at 774 south

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cleveland about three months ago in the mid-block all right we're we're going to move on rachel

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excuse me uh mi 2021-000555 748 south cleveland street my vote is yes with the proviso

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revised plan one page adopted today approved today yes with proviso yes with proviso yes with proviso

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okay thank you i think uh carl had to step away for a while i would now go to

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number three on our list, number one on our list, I'm sorry, MI 2021-000-556-1037 South Randolph

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Street. Jennifer Bislow, the attorney. There's also a letter of support from Count, from Queen

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Village Neighbors Association and a letter of non-opposition from Councilman Squillow.

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jennifer is coming back in as a panelist chair you and jennifer when you get on please spell

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your full name and i will swear you in sure all right here i am uh jennifer bazidlow b a z y

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d l o 4500 worst street suite d 202 philadelphia pennsylvania 19124 you swear for him to tell the

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truth, the whole truth, nothing but the truth? Yes. Thank you. And as I mentioned, there's a

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letter of support from Queen Village, and there's a letter of non-opposition from the Councilman.

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Please proceed. Jennifer, good morning. Do you agree to waive the reading of its refusal and

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stipulate its accuracy? I can waive the reading, but there is an error on the refusal. It's fairly

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minor. On the refusal, the... Real quick, have you emailed an exhibit packet with the required

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documents proof of ownership proof of tax compliance copy of the refusal or referral

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photos of plans five days prior to this hearing yes uh also have you met with the rco and had

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a letter yes thank you okay i just wanted to briefly mention on the refusal the lot width of

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parcel b proposed is listed as 16.957 this is an error on our plans you can see it's 14.957

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and we know it's an error because if it was 16.957 there wouldn't be a refusal

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so i'll show you the plans but it really is just a typo i tried to address it with l and i and got

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nowhere so i just wanted to point that out um i'm going to share my screen

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nope one second all right so like i said my name is jennifer bazidlo i'm here representing the

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owners of 1037 at south randolph and 1036 south reese street who is jerry di pietro who owns the

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property through his company brownstone properties i have a packet here today with hold on one

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second let me just move this one second so I can scroll easier so we have the refusal

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So we have the refusal, property information form, the deed, tax compliance forms, a letter

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of support from Queen Village Neighbors Association, the community notification letters, aerial

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views of the property, parcel maps, zoning archives from near properties, photographs,

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and plants, which I'm going to go through all of these. But let me just scroll through

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so you can see these all exist. And just show the photographs real quick. Give me one second.

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all right so here's the zoning posters this is the front of 1037 south randolph

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and this is the rear of the property on 1036 this this right here um is 1037 and then on this side

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the wall is 1036 south reese all right and so why am i mentioning two addresses uh this property is

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in a bit of a unique but not all that uncommon state in philadelphia whereby it currently has

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two um it's two separate tax parcels but only one deeded parcel with the city planning commission

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um so let me just show you uh some documents go back to the tax documents

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So, you can see we have a tax parcel at 1037 and we have a tax parcel at 1036.

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But if you go to, one second, 43, you can see that it's only one needed parcel.

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So our proposal is basically to formally subdivide these parcels that have already been existing

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as two tax parcels and functioning as two as two parcels so that they actually are two parcels.

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Let me go to the plans.

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So this is how the parcel is right now and we propose to subdivide it. The subdivision is

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going to happen along an existing masonry wall which I'll show you in the aerial view.

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hold on one second it's

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just zoom back in so right now you can see this is the 1037 south randolph parcel

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and it's it stops right along that existing masonry wall and this is the vacant lot of 1036

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south reese street um there is no proposed change in use 1037 south randolph will remain a single

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family home and 1036 south reese will remain vacant um this subdivision generates a couple

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of refusals based on the lot sizes with rear yard and open space for the existing and rear yard and

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open space for the existing home um for the rear yard and open space on 1037 south randolph

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Nothing is changing. Right now, you have a single-family home with a fenced-in rear yard, and that is going to stay the same.

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There is no change to the open space that's available and no change to the rear yard size.

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Nothing has changed since Jerry purchased his property back in 2003, and that wall has existed long before 2003.

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It's also worth noting that the rear yard is only short by six inches from the required nine feet.

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And as you can see, when I scroll down, these lot sizes are very much in compliance with the rest of the block.

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As far as the lot width, we're not changing the lot width.

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It's only because of the subdivision that it comes into question.

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this property has been 15 feet wide probably since the early 1900s when the property

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was created and is very much in line with the widths of the existing properties on both Randolph

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Street and Rees Street. So we also receive the primary refusals here are for the lot sizes.

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