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Hearing video

ZBA Hearing - November 20, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Nov 20, 20244h 24m

Number 18. MI 2024-004-384-1918 Tater Street. David Orfanides is the attorney. There's a letter of non-opposition from South of South neighborhood. Vote was 13 in support, 7 opposed. A letter of partial support from North Washington Avenue Coalition, NOAC.

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Good morning, Mr. Orphanides. Could you please state your name as spelled for the stenographer?

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Certainly. Good morning, Mr. Chairman. David Orphanides. Last name is spelled O-R-P-H-A-N-I-D-E-S.

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

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I do, sir.

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Could you identify your client and relationship to the property?

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Sure. My client is Jacqueline Andriosi. She is the owner of the property 1918 Cater Street. She's on with me today.

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Sure. Do you stipulate to the reading of the refusal and agree with its accuracy?

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I do. It was originally submitted, yes.

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And all of your documents were sent in within five days?

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We had everything ready, and then we submitted everything along with the letter from SOSNA that we received after Friday.

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So everything has been received.

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That's a minute. Watch, share your screen and start your presentation. Certainly.

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You see my screen? Again. Okay. Again, my name is David Orfanides with the law firm of Orfanides

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and Toner. I'm here this morning on behalf of Jacqueline Andriosi, who is the owner of 1918

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Cater Street. I also have with me today the architect for the project, Sam Turner, as well

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as the contractor who will be building the proposed addition. What you have in front of you is a

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rendering of the subject property with the proposed addition that was submitted with their zoning

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permit application. It's a third and fourth floor addition that goes on top of an existing two-story

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structure. There were two refusals that were originally issued back in June, on June 20th,

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having to do with the proposed addition. One was a height refusal, and I've drawn a red line

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through that because we have eliminated that refusal with the revised drawings that were

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provided before today's hearing, along with the revised proviso plan form. As you'll see,

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the original plan had the height to the top of the second level addition, which is the fourth

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floor, being at 39 feet, six inches. Since that time, we've brought the height of that down to

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38 feet, which is the permitted height in the underlying RSA 5 zoning district by reducing the

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floor to ceiling heights or the floor to floor heights at the third floor and fourth floor

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addition, one foot six inches. We still have the setback requirement. As you, I think this board

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well knows, as you'll see from the photographs that I'll provide to you, that it is pretty,

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we know that there's a requirement when buildings to either side of a property

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in the RSA 5 zoning district are two stories or less, that anything above the second floor must

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be set back eight feet. And you see that requirement set forth on the notice of refusal.

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in the um on the notice of refusal um as you can see on our rendering what we've chosen to do

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instead of setting it back eight feet is we've done a lot of properties and not only in this

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neighborhood but in other neighborhoods as well have done which is provide maintaining the existing

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cornice and um and then providing a mansard roof at the front of the third floor which extends above

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of that. What we have right now is you can see here, my client went out and took pictures

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in the neighborhood. And you can see just here alone, and I've included zoning archives

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for these properties. These are properties located on our block and in near vicinity of

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our property where variances have been granted by this zoning board for this similar third floor

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addition with the mansard at the front in the eight-foot setback where variances were granted.

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In fact, as you can see here from the aerials that I have, here's our property here at 1918.

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You can see that they're in green, circled in green, one almost directly across the street from

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us. There are three properties that were granted variances by the zoning board over the last couple

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of years. 1929, which is the one almost directly across the street from us at MI 2021-000448 was

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granted a variance in 2021. You can see in this aerial that what I've clouded in blue are other

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three-story structures that don't have the mansard. What you end up there is you end up with

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the structure with the flat faces you'll see in the photographs I'm going to show you in a minute

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that don't honor the cornice lines of the two-story structures

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that make up the lion's share of the block,

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but just go straight up three stories.

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And here you can see, let me just zoom out a minute.

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And again, here's a picture of the subject property.

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You can see right here.

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Then we have two stories to either side,

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which again triggers that eight-foot requirement, that setback.

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but you can see as you go down the block we have largely two stories as you go down the block

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until you get to a third floor and then you can see the other properties that have been granted

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variances for the setbacks for the setback requirement with the mansards including the

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property that's almost directly across the street from us honoring the cornice line as opposed to

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this, which just goes up three stories straight up.

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And you can see another one, another three-story structure here.

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These are the properties that are located down the block and across the street from us.

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This is the one here.

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And as you go eastward, and those properties were to the west, as you can see, here's one

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that was also granted the variance, as I showed in the aerial.

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And then here you have a difference where you have the two-story structure, and then it goes up where buildings were built straight three stories going up at the east end of the block.

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You can see here there was actually a variance granted for this one, just to go straight up.

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um what we did um the architect put together a um the difference between what we're proposing

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and um what would happen with a buy right so to the right is what was originally

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proposed and if i need to zoom in a little bit it will and this shows the 39.6 again

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we've reduced the height to the top of the fourth floor to 38 feet which now eliminates that refusal

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Here you can see the mansard, which is in the setback.

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We've only provided the addition to nine feet from the rear property line.

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The zoning code, because the lot is only 40 feet deep, the zoning code allows us to go seven feet, two feet deeper.

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My client is not looking to be greedy here, provided nine foot, which is what you typically have in RSA 5, but when lots are more than 45 feet deep.

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to the left, you have what you'd be left with if you were building something by right. You'd be

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eight feet back. You'd go up. You could have a roof deck, pilot house, which would be about 51

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feet, six inches above grade. You would have a parapet only eight feet from the front property

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line that would be approximately at 41 feet, six inches. You could also have a small deck in front

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the setback at the third floor. You could also have something projecting off the front of the

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fourth floor as well. This also shows the fill-in not only underneath what's existing right here,

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which we're leaving open. So there's an existing bay at the second floor. We're leaving all this

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which we're leaving open. So there's an existing bay at the second floor. We're leaving all this

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open, so light.

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open so light can still come into the rear windows underneath of the proposed addition,

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which you're seeing here, but also then takes the property two feet deeper to seven feet.

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So this is a far less dense proposal than what could be done as a matter of right.

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We'll shadow the abutting properties far less than a buy right project would. Just as a note,

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one of the properties to the rear of us. There are two properties to the rear of us, 1925 and

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1923, Bainbridge Street. And 1925 Bainbridge is not a conforming property. It was granted

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variances for rear yard area and open area. And I have those zoning archives included with the

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package that I submitted. And I raise that because if, in terms of the impact on air and light on

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abutting properties um it's upon uh conforming abutting properties or adjacent properties

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um but i think it's interesting to look again at the the buy right there's a rendering of what a

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buy rate would look like and then here we have a comparison between again what we're proposing

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and then what a buy right would look like and our client my client feels that um the buy right or

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The by-rate proposal is much worse for the neighbors, both in terms of shadowing and in terms of aesthetics, than what she is presently proposing.

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In terms of the letters that we received, Sosna's letter was a letter of non-opposition.

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Let me just zoom out.

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And you'll see that they have no concerns with what we're left with.

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The only variance that we have right now, which is that Mansard in the front setback.

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All their concerns are regarding the fourth floor, and the fourth floor is no longer at issue now that it's been dropped to a code-compliant height.

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No-axe letter that was issued.

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Actually, they speak highly in support of the mansard, and you can see at the bottom of the first page and the top of the second page.

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Their opposition all has to do with the fourth floor, which, again, is not before this board because that refusal for the height for the fourth floor has been eliminated.

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So their concerns are really, just as if this was a completely by-right project, would not be one that could be appealed and one, again, that here could not be considered by the zoning board.

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I have included in my package a copy of the deed for the property showing my client owns the property, our tax clearance at tab 12, copy of the hearing notice for today's hearing that was posted at the subject property,

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conformance with the requirements of the zoning code at least 21 days in advance, along with the

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copy of the notice of refusal. My client even went so far as to note that the height variance has

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been removed, which I thought was very thorough of her. And then our 14-303 notice. So the hearing

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was, I think it was August 20th, and then, oh, sorry, September 18th, and the notice was sent

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out on August 20th, so well in advance of the proceeding before Sassana, and you can see here

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the Certificate of Service with 157 letters going out to members of the community. So with that,

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We feel that given the prevalence of these mansards, not only on this block, but in the immediate vicinity, I think overall, my clients provided over 40 photographs of properties that are located in the neighborhood with either the mansards, granted by variants, as you can see here, others that are a little further away.

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many of which I've brought to this board and secured variances for, and then other three-story structures as well in the neighborhood that you can see here.

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So these are 40 pictures, 40 properties alone that are just within a couple blocks of our subject property.

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So with that in mind, and given that we only have the refusal for the front setback above the second floor,

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And that's only about the third floor, because one thing to note again with the by right is that we are even setting our fourth floor further back than what would what it could be set back as a matter of right, which it's eight feet.

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We're setting our fourth floor back 14 feet, five inches.

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So our fourth floor is actually six feet, five inches further back than what a by right fourth floor would be at the permitted height.

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So for those reasons, we feel that the granting of the variance complies, the proposal complies with the criteria for the granting of the variance in this situation.

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And we're here to answer any questions that the board or members of the audience may have.

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I do have my client present and the architect present who can adopt my statements.

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who can adopt my statements.

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Bring your client on to adopt your statement.

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Take your client on to adopt your statement.

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Sure.

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Sure. It's Jacqueline Andriosi.

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Morning. Could you please state your name and spell for the stenographer?

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Hi. Do you hear me?

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Yes, I can. Could you please state your name and spell for the court stenographer?

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first. Sure. It's Jacqueline, J-A-C-Q-U-E-L-I-N-E, Andreozzi, A-N-D-R-E-O-Z-Z-I.

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Fair or firm to tell the truth, the whole truth, nothing but the truth.

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Yes, I do. Please receive counsel. Thank you. Good morning, Jackie. Did you hear the statements

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that I made to the board today? I did. Thank you very much. You're very welcome. And are they true

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and correct to the best of your knowledge? Yes, they are. And would you adopt them as your own?

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Yes, I would.

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Okay, thank you.

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Thank you.

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You want to bring on your architect?

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Sure.

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Samuel Turner.

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Sam Turner.

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Hey, Ben and I, please speak.

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Mr. Turner, could you please state your name and spell for the court stenographer?

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Hi, Sam Turner, S-A-M-T-U-R-N-E-R.

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

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I do.

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please proceed counsel certainly good morning sam um do you hear the statements that i made to the

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zoning board today i did and are they true and correct to the best of your knowledge

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yes and would you adopt them as your own yes i would thank you and then mr chairman just to be

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clear we do have revised plans that are included at tab 4 4a which reduced the height of the

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structure from 39 feet, six inches to 30 feet. And I've included, I've also provided a revised

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proviso plan form that states as much. Thank you. Questions from the board.

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Did you show floor plans? I have floor plans if you'd like to see them, certainly.

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I guess just quickly. Sure, sure. Here are the floor plans. So, and I can show photographs as

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well. So the existing floor, first floor, as you can imagine, it's not particularly deep. It's

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living. It's actually kitchen in the front and then a living area to the rear. And then let me

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zoom in a little bit so you can see this a little better. And again, we're not pushing the first or

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second floor back even to the nine feet away from the rear property line, let alone the seven feet.

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So the first and second floor are remaining. And you'll see right now there's two bedrooms and a bath and they're going to be creating, you know, some extra space here.

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There's the stairs that are going to be going up. And then what you have is you essentially have a master bedroom at the third floor and then a family room.

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They call it a four season room up at the that I'm sorry, the master bedroom is at the third.

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i'm not sure if i said fourth and then here you have uh kind of a family room up the fourth floor

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level with a deck in front of that and the deck meets the setback requirements five feet from the

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front other questions for the board i have a question is does this building not have a basement

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it does have a basement it does have a basement is the basement finished no jackie this basement's

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not finished, correct? Jackie? Jackie. Okay. Yeah, so the basement is not finished. It just has like

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the water heater and, you know, the HVAC and storage. Was there ever a consideration to finish

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the basement and only add a third floor instead of adding two additional floors? I mean, can I

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I just say, first of all, that obviously the third and fourth floor are a matter of right,

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but I actually, I did for myself for a property that I resided in two blocks away on the 2100

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block of cater. So I lived in a house exactly like this and that seller is so far below grade

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and with the foundations and the underpinning that has to be done, you lose a tremendous

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this uh amount of space um trying to finish that aside from having them to put in a bilco that

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goes to the back and then hopefully goes to an alley and there isn't an alley behind this property

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so the bilco would go to the front and that's the sidewalks are pretty narrow um and that

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i don't even know if streets would approve that because you'd be outside of the uh the building

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zone other questions ty i have no other questions questions or comments from our attorney hillary

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emerson not at this time mr chair this is your comments from the virtual audience

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This is your comments from the virtual audience.

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Yes, Mr. Chair, I have Madeline Shacumba with her hand raised.

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I will help you speak.

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Good morning, Chair.

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Good morning.

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Good morning.

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Could you please state your name and spell for the court stenographer?

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My name is Madeline Shacumba.

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It's M-A-D-E-L-I-N-E, Shacumba, S like in Sam, H-I-K-O-M-B-A.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Are you a neighbor?

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No, I'm not a neighbor.

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I'm part of the RCO.

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Okay, please proceed then.

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Coalition.

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Please proceed.

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Okay, we are co-coordinating RCO with Sassana area.

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We are having, becoming difficulty with these four-story buildings.

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