civus
Hearing video

ZBA Hearing - January 6, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 6, 20215h 31m

with some greenery. These are photos of the other surrounding corners and photos of posting

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of the property that I will scroll through quickly for the board to see. Let me jump right to the

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PLANS. THESE ARE REVISED PLANS THAT WE'RE PRESENTING TODAY AND I SENT MS. SALETTA A PROVISO FORM

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AND THREE PAGES OF REVISED PLANS. THESE REVISED PLANS REFLECT SOME SMALL REVISIONS TO THE PROJECT

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THAT OCCURRED AS WE WENT THROUGH THE RCO AND THE CDR PROCESS. AS YOU CAN SEE HERE, THIS IS THE

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existing site. So zooming in a little bit, we're going to have a parking area that's located both

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here and here with the residential that we built above. As we front on American Street, the portion

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of the property that immediately fronts American Street is lower than the rest of the property,

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and I'll show you a rendering of that. The reason that was done is, as I explained, this property to

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the side has the existing warehouse and so we set back the height towards the second street side to

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allow for light and air for this existing parcel. There's going to be a pedestrian walkway that goes

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through the site. I'm showing that here. That was one of the things that we did as part of our

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conversation with the RCO and the nature of the revised plans. The main revision was we reconfigured

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the commercial space as it fronts on Second Street and removed the curb cut there and created

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this pedestrian walkway through the site that's also adjacent to an open area that will be used

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as a general purpose open space. The conversation that we had with the RCL, one of their main

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concerns was to preserve the open access of this walkway. This is a very long block of American

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Street, and so to avoid people having to walk around a very large rectangular block, we've

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opened up this cut through to the public, and we've told the RCO that it has our intention to

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leave it ungated, and the plans don't show any gate, and we've set it up in that fashion. Here

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are the basic elevations of the site uh these will be more impactful for you as i go to

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the actual renderings uh this uh this would be the commercial space along the ground with the

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residential units above and this is another view this is towards this is the american street

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frontage here second street is to the back this is the lower level portion of the building that

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I was referring to that fronts on American Street. One of the other plan revisions we did was to

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increase the height of this lobby and entrance structure to add some additional height to the

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front portion as it faces American Street. That was one of the things that the community had asked

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for and was part of the CDR process as well. And this is just a section showing you the eventual

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to be constructed building. As I mentioned earlier, the project went through CDR and we were able to

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complete that process with these plans. This is again another rendering showing how the building

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will look from the American Street frontage. The RCO in your packet is a letter of

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The RCO in your packet is a letter of support from the RCO.

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I want to briefly touch on just two of the items that they mentioned because there's been some further conversation with the RCO since this letter was sent to you.

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And they may be on the line.

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They had asked for a couple of provisos that we couldn't agree to.

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The first one was that they asked for the dog park to be made a permanent public addition.

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That was the result of some confusion in the way that the diagrams for the space were presented.

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We are not proposing a dog park as part of the site.

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So that is a moot point.

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With regard to the pedestrian walkway, what we have agreed to with the RCO is that we would meet with them

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in the future event that we would like to close that gate, we will reach out to them and discuss.

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The owner's concern here, you know, particularly in light of recent events around the country,

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if there's civil unrest or some other need to secure the property, he needs to leave himself

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the opportunity to do that, but is trying to create as welcoming a public space as possible.

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The RCO, as I noted, voted to support, and their letter is in your packet.

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and with that given the board's lengthy agenda I will stop I will ask my client

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to raise his hand so I can have him adopt my testimony and then we'll answer any

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particular detailed questions the board may have Adam Lasowski can you virtually raise your hand

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please and while he's being recognized Mr. Chair I will mention one of the other points is that 10

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of the units in this building will be affordable at 50% AMI. We also agreed with the RCO that we

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would offer 2,500 square feet of the commercial space at a 50% market rate discount to enable the

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space to be used by a local maker or business. Your client has been unmuted. He's free to speak.

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Adam, can you hear us? Yes, good afternoon.

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Adam can you spell your name for the record please sure it's Adam Lysuski L-I-S-A-U-S-K-Y

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Mr. Chair we're not hearing you I see you speaking but we're not hearing you

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could one of the other board members swear in Mr. Lysuski

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

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i do thank you thank you mr holliman um can you hear me now yes we can okay thanks tom

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good um adam did you have a chance to listen to my uh presentation and comments

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i did do you adopt my testimony as true correct in your own i do thank you um mr chair as i said

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we have the architect on the line if the board has any specific questions but i would rest my

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uh presentation at this point thank you questions from the board no

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would anyone else like to testify in this case if so please raise your hand

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that includes members of the rs and rco and any member from the council district office

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Mr. Chair, I have Sloan Foulkes with his hand raised. I will allow him to speak right now.

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Mr. Foulkes, you're still under oath. Please identify yourself.

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Good afternoon, Chairman DiCicco and members of the ZBA board. Sloan Foulkes, S-L-O-A-N-E-F as in

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fire, O-L-K-S, Office of Councilwoman Maria Quinonez Sanchez, room 508 City Hall.

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the applicant having met with the community and receiving a letter of support the councilwoman

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offers no opposition to this gamers request thank you thank you anyone

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anyone else would like to testify

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thank you uh planning commission good afternoon david effecto philadelphia city planning

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commission mr chairman and members of the board this property is indicated for industrial commercial

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mixed use in the city's comprehensive plan this proposal went to the civic design review committee

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the committee had very few comments on the proposal and believed it was well designed

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We did want to note for the record that the affordable units that the applicant proposes

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are a nice gesture, but they have not entered into an agreement with the city to provide

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those units, so the applicant has no obligation to maintain them as affordable.

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Yeah.

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Yeah, so just so the board is aware, this application was submitted to LNI just prior

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to the overlay that was enacted over this area that made it part of the zoning code

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to require affordable units.

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Because we submitted just prior to that, we're not obligated to follow it, but we wanted

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to work with the community and support the councilwoman's um agenda for for affordable

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housing and so we've made that commitment uh to her um so it's part of the record thank you i i

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would i would be very surprised if we didn't follow through with that commitment okay that's

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part of the record thank you mi 2020-001237 1801-59 north american street is there any revised

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plan i'm sorry there are mr chair uh three pages three pages my vote is yes with revised proviso

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revised plan three pages approved today yes with proviso yes with proviso yes with proviso

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thank you very much any further uh i know we're running late is the sonographer does

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there's a sonographer need a break i apologize for not asking we have a couple more cases

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mr chairman if i could have a quick bathroom break that would be great

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okay we'll see you in 10 10 minutes thank you thank you sorry about that

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20-002-482-1916 delancey place

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is that you mr notkinson is this your case

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yes you're not missing i'm sure he's on mute i believe he's on mute

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yes yes mr chair all right mr knockins as you know you're still under oath

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uh i have to read off the other stuff here uh you agree to wave and stip i do and have you

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emailed an exhibit packet that with the required documents including proof of ownership tax

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compliance a copy of the refusal or referral and photos and or plans of the property five days in

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advance of today's hearing i have and have you met the rco i have okay mr knockison please proceed

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so i have a unique circumstances first time during uh covet 19 and zoom my internet's not working in

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my office but i have the presentation materials in front of me and i'm going to have my co-counsel

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uh clementa amazon uh if you can promote her to a host she's going to share her screen

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and provide the documents and i'll walk you through with miss amazon's help

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may i share well good evening chairman and members of the board

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if they're new please identify yourself with a record and then say amazon

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if you can either raise your volume or get a little closer to the mic that would be helpful

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can you hear me better now yeah better and then while you're doing that uh do you swear and

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affirm to tell the truth the whole truth nothing but the truth yes i do thank you

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all right so as you can see we are presenting 1916 to lancy place and along with uh miss amazon

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on the line is the owner of the property christopher spay uh so mr spay did not

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recently purchased this property and he discovered soon after that he purchased the property he had

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water issues in his backyard which led to water infiltration into the basement and this was not

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an uncommon occurrence. So I'm going to go through the table of contents. Clementa can you go down

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one page so along with my table of contents is the deed to the property and you'll see that

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clementa can you go down showing that mr spay owns the property

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after that is the certificate of tax clearance

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which you know shows that mr spay owns the property and then after that is the notice

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of refusal. Hold on a second. So this is an RSA 5 property. We're not trying to get any

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use variances. What we're merely trying to do is that as part of the process of dealing

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is that as part of the process of dealing with the water infiltration issues

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with the water infiltration issues,

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it was recommended to mr spade by professionals to uh to install a one-story structure at the rear

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of his property which will prevent water infiltration into his basement at the time

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he hired a contractor with his understanding that he was going to get all permits necessary

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you know as part of that renovation project unfortunately the contractor did not pull the

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permits did not tell Mr. Spey that uh he needed to get special approval from this board in order

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to get the in order to do what he wanted to do or was advised to do so more than halfway through

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the project after spending tens of thousands of dollars we're here today to legalize that

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structure and continue to get the zoning permit and then eventually the building permit and fix

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you know the situation so we have two variances one for open area where 25 is required where zero

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is proposed and the other one is for the rear yard setback where nine feet is required and zero is

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proposed so after this is our application for appeal which we followed with the zoning board

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adjustment. And then after that, you have the zoning map. And you'll see where we are in the

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area. Again, we're in the Rittenhouse Square of Philadelphia. If you look at the aerial view,

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the next one after the zoning map. So it's actually not uncommon what Mr. Spey is requesting.

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If you look at the properties, the property, if you look at, if you're facing the front of his

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house, the property to the left of him, it's a double-wide property, but it actually has

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full lot coverage. Clemenza, can you go back to the actual aerial view, which is nearby properties

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with full lot coverage? Thank you. You'll see that the property to the left of Mr. Spade has

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full lot coverage. You'll see another angle of that. And a lot of the properties on Delancey

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street throughout the block have a similar situation again again it's not uncommon if we

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walk by this property uh built as proposed we're not asking for anything that other individuals on

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that block don't have if you we'll go past the other map you look at the photographs of the

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property uh first one's to find the property then there's properties on delancey street to the right

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to the left

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and then the rear of the property so this is us looking out on our second floor

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you'll see that the person that's behind us on panama um has a tree that purposefully you know

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blocks for privacy purposes um any type of view from our property so our one-story structure by

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the way is slightly above our fence uh it would have no effect on anyone's light and air

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and you go to the picture after that go back to that picture again just a second

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that looking at this the lower portion of the photograph that gray area looks like slate slabs

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is that is that the pavement no that's actually the top of that top of that okay that we're trying

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to legalize but you can see like that the lip of that structure is much lower than any tree

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that board that that's behind us on panama street i thought it was i just wanted to double check

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because it's a little yeah okay thank you and then if you go to the next picture this is the property

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of the rear of the property as it looked previous to the installation of that structure. You'll see

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that there is also, in addition to the tree, there's a lattice as well, which is above our

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roof line. And then you'll see the rear easement of the property. There's a setback of three feet

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between the properties on Delancey Street and Panama. And then you'll see a picture of an

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existing drainage pipe from our property. This is our rear wall. So what we understand it to be

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is that at one point it seems like there may have been a structure attached to our rear wall.

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That's why there was a rear pipe embedded into it. So the history of this property,

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although we don't have any pictures of that structure, shows that there was probably a

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structure back there to begin with a one-story structure at one point. Now you look at the

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picture of the subject property. So our property as you can see is where the ladder is and you have

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the two skylights and then if you look at the property that's to the left of us you see that

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it's a two-story structure full lot coverage above us and then you look at the pictures of the two

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full lock coverage above us and then you look at the pictures of the two decks that are next

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to us or the rear yards that would be 1918 and 1920 we actually have letters of support from

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those neighbors so those neighbors will be most affected in a lot of ways from the continuation

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of this rear structure and and they are in support of this project after that are pictures

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showing interior water damage. Again, this was a significant insurance claim showing the basement

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area that was flooded because of the infiltration from the rear yards prior to the installation

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of this rear structure. Again, Mr. Spade, upon professional advice, was advised to remedy this

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situation, which I guess has been a lingering effect for this property, was to install this

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rear structure and his understanding was he was installing it by law and here's

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more pictures of the interior water damage and then you can see the rear

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yard you know we have they had to rip it off like it says exterior water

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damage and when you see the mold there but you see the very yard it was pretty

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significant water damage and then you'll see the architectural plans and drawings you know we're

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trying to take this really seriously even though this is just a legalization of a structure we

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understand that it's in a really nice area of philadelphia and that you know many people are

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passionate about you know legalization of structures that went up you know without

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government permits so as you can see here you see the two skylights that's our structure

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again to if you you know if you're looking to the left there's a two-story structure which goes

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straight up full lot coverage and then the other thing i would point out to those pictures you see

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the planters on to the rear of our property that's our property owner to the rear of us now this is

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a rendering but you know if you we couldn't get a good picture of it but they also have in addition

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to a tree they have planters up there and the lattice so and then you'll see the floor plans

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of the property not that it matters but the room that we're if you look at the first floor

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the room that we're adding is a 14 uh by nine foot uh room

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and then you'll see a site plan that we that was created as well

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and one additional drawing and you know just the rear elevation the front elevation the most

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important thing is the one story structure is is only once it doesn't affect anyone's light

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in there in the sense of it barely goes above the pre-existing uh rear uh rear uh wall now we

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there was questions during the meeting with the center city residence association is whether the

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structural stability of both the wall as well as the structure. So after the meeting, we actually

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obtained an opinion from a structural engineer, which states that the rear brick wall

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