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Hearing video

ZBA Hearing - September 15, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Sep 15, 20262h 28m

mr toner mr toner is rejoining as a panelist thank you hey everybody hi could you please

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state and spell your name for the yes ian toner uh i-a-n-t-o-n-e-r do you swear or affirm to tell

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the truth told truth nothing but the truth yes go ahead counsel and david i'd ask because i assume

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you've done work with mr toner that we can stipulate that he's licensed to practice

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architecture in the commonwealth of pennsylvania yeah i unless he's not been telling me the truth

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i would agree with that wholeheartedly okay um yeah have you previously testified before this

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body or other zoning proceedings yes okay approximately how many times uh dozens i guess

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who prepared your drawings or the the drawings that were submitted to lni

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as a part of the zoning permit application they were prepared in our office

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um the property zoned rm1 with respect to front setback what does rm1 require

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uh it requires no front setback unless a adjacent property um has a setback and that property is on

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the primary frontage okay and um did you rely on the planning commission's determination

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which is which was made on plan submitted to this board yes okay um and what did the planning

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commission determined to be the primary frontage they selected ardly street and what's the front

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setback of 6928 ardly street uh well i don't have the drawings in front of me but it's

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somewhere between in the high 30s of feet and we note on our drawings that we will match it

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regardless of the exact dimension and do the drawings that you submitted to lni match the

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front setback yes you know okay um does this addition alter the existing front building line

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in any way no that's all for mr toner thank you just a couple questions um in um based upon the

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your design you did not extend well your project involved in addition to the existing structure

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correct yes okay and that addition didn't extend any closer to ardley street than the existing

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structure correct yes correct and so the setback at ardley street remained the same with your

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project and your design as it did as it currently exists or it exists before you became involved

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correct yes okay so in terms of east sedgwick street can you just for the board just confirm

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um where the addition extends towards the east sedgwick street frontage or property line i should

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say? Well, it extends in line with the Ardley Street facade. It extends all the way to the

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edge of the property on Sedgwick Street. And then we have a bit of an addition at the rear

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that extends the building towards the shared driveway. And right now, that area between the

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existing building and the Sedgwick Street is open space, correct? Yeah, it's a lawn space.

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okay and in that lawn space there's a walkway correct from the front door yes and that's the

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other than the i don't know if there's a door at the rear um do you know if there's a door a man

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door at the rear of the this building or only a garage door i don't remember um i don't i couldn't

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say for sure all right but the primary since i was there yeah but the primary entrance to the

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building is facing sedgwick street correct yes residential entrance okay yeah okay and then there's

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walkway that leads to sedgwick street all right yes and your addition again builds all the way

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to the property line so there would there be any setback from the by definition in the zoning code

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from the by definition in the zoning code at East Sedgwick Street with the project as it was

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at east sedgwick street with the

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approved no okay I have no further questions um no questions okay um I was gonna I'd like to just

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briefly have my client um all right but you got it I mean I I got better bring them be quick okay

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are you going to wind up talking to the client uh questioning the client i don't i don't think so

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but i don't know what he's going to say i don't think so i'm going to try not to i'll just try

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my best quick but i'm going to resist i could you please state and spell your name for the

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stenographer yes it's jordan last name abrams a-b-r-a-m-s do you swear or affirm to tell

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the truth the whole truth nothing but truth i do go ahead jordan um this property is owned by

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with thought and care llc are you an authorized representative of that entity yes okay and and

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um when you purchase the property when you acquire the property at 6930 ardly street

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um were you doing so in reliance of the zoning classification yes um and under that reliance did

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you believe this to be a buy right project yes and um just just to stay for the record um my client

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obtained a buy right permit that he'd lawfully relied on uh and and that reliance confers

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a vested rights that the subsequent zoning cannot divest since the permit issuance um can you

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approximate um how much money you've spent on this project i'm gonna object it's not a it's not

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relevant you know it's it's relevant to a vested rights argument which i'd like to state for the

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record um can you approximate how much money you spent in reliance of that zoning permit

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that was issued as a right yeah we've spent over seven hundred thousand dollars okay um that

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concludes my question thank you all right so um tell me how much time like like i have three

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questions go ahead okay so the first question uh jordan you're you are not a design professional

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correct no okay um how many projects have you done before this project like with the construction of

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additions additions specifically yeah like expanding a building uh or a new building

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three or four okay all right you mentioned i think 700 000 of what you've spent on this project

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how much of you how much of that was spent before you were provided a notification of

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appeal and how much was spent after uh 500 before 200 after okay and are you continuing to spend

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money now yes okay and why is that we have an active building permit okay and and so you're

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continuing to construct the project yes despite this appeal yes okay all right i have no further

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questions from the board okay um for me

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well i i don't i don't want to i don't want to bring people back just for questions from the

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board questions um so here's here's where we stand right we'll take briefs from each side

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how about briefs from each side briefs briefs right okay brief brief and briefs because you

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you you we you've done a pretty good oh brief brief brief brief okay i got you right and ian

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give me a timeline uh good yeah well that's why i mean i was thinking to try to do what we

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just did right i i would recommend uh setting a due date of october the 2nd okay with a scheduled

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vote on october the 7th okay at 9 30 yes okay all right thanks everybody thank you thank you

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i'm glad we got this done today yeah yeah me too thank you

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