civus
Hearing video

ZBA Hearing - September 28, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 28, 20225h 31m

and

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MI

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2022

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003-444-319

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Gate Street, Parcel C.

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William O'Brien is the attorney.

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We have a letter of support

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from Ridge Park Civic Association

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and pre-requisite

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streets department approval.

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Mr. O'Brien has been promoted to panelist.

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Mr. O'Brien, can you state your name and spell for the court reporter, please?

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Yes, good afternoon, Mr. Chairman.

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William O'Brien, O-B-R-I-E-N.

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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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Could you identify your client in relationship to the property?

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Yes, my client is Mizio Baker Real Estate, LLC.

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and here in the Zoom meeting with me today

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is Stephen Aschewski to the right

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and Andrew Molson,

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who are the two managing members of that company.

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That company is the record owner of 319 Gate Street.

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Our vice chair has a few questions, Mr. O'Brien.

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Hi, Mr. O'Brien.

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Do you agree to waive the reading of the refusal

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and stipulate to its accuracy?

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I stipulate to its accuracy.

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Yes.

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Okay.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral,

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photos under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, to each of those items.

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Okay, great.

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You may proceed and begin to share your screen.

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Sure.

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um so 319 gate street uh is a um 50 foot wide by 184 foot lot uh with an existing uh residence

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the three-story residence it's a legal two-family dwelling um this is the existing structure on gate

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Street. And you can see that there is a driveway to the right of it that extends past the right

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side of this three-story structure. The lot, as I said, is 184 feet deep. It extends to Wright Street.

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This is Wright Street, which is the next block south of Gate Street.

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And this retaining wall that you see in the foreground is the end of 319 Gate Street.

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As you can see, the retaining wall consumes probably about 90% of the sidewalk.

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And that is all part of Gate Street.

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And as you can see, and is also depicted on the topography plan, which is on paper.

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and is also depicted on the topography plan, which is on page 9. 319 Greats is

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substantially a level walk. There's no steep slopes in it. This is Wright Street looking

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east. You can see the four single-family attached homes here. This retaining wall

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is the end of the gate street lot there is a storage structure this part of the lot

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and then this is 316 gate street an existing single family dwelling

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this is looking north showing the end of the gate street property and that retaining wall as you can

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see there are signs posted on that retaining wall, no parking, and there is no parking

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on Gate Street. I'm sorry, on Wright Street. The curb line is no parking, and on the opposite

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side, as you can see, is front-loaded parking on the homes across the street, a condition

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that's no longer permitted in this area.

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This is the topographic plan, the existing condition.

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Here is the existing two-family dwelling at 319 Gate Street,

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and then this is the whole lot, which I said extends 184 feet to Wright Street.

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The zoning code allows the construction of four single-family dwellings on this lot, two on Wright Street and two on Gate Street.

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That would have been permitted over-the-counter without any variances.

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However, the neighborhood considers Gate Street to be a historic street, and that plan would have called for the demolition of that existing structure.

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Anizio Baker decided not to pursue that plan to keep the structure that is considered by the

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neighborhood to be historic, keep that in place, and pursue the development of the Wright Street

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end of the property with a duplex, two single-family dwellings. Incidentally, since that

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decision was made there is now a pending um nomination of the 300 buck of great street

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before the historic commission um and as i said uh the the lot is predominantly flat you can see

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there is no uh indication of any steep slopes on this uh on this plan um this is the zoning plan

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again we're going to the existing structure stays the existing driveway will be used to access not

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only a parking space for the existing structure but also to access parking for the proposed two

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new structures on the elevations i just want to point out the pilot house the pilot house is four

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feet wide by 16 feet in length which is a total of 67 feet which is substantially less than 125

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feet allowed so while I acknowledge that the refusal was accurate I don't believe it's correct

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the refusal for height I think is a mistake this structure is 30 feet 38 feet high from the average

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ground level to the roof. The indication that the plan examiner put down is 47 feet

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includes the pilot house. The reason the pilot house was included is that there is a wing that

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comes off the pilot house to create some shade on the roof. It is that plan examiner's

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interpretation of the code, and I don't believe it's a correct interpretation. In fact,

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the four houses uh down the street or next to this adjacent to this house have that same condition

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with a a roof or a wing that comes off the pilot house and that was not a refusal uh in those

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dwellings um i can show you this is the pilot house in those houses it's it's four feet wide

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as i said it's 13 feet and then there is a wing that goes across uh it's 18 feet from the front

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the building, you really can't see it, but it does create some shade on the roof and makes

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that roof deck a more livable space. So this is what is proposed.

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These are the two new homes. It is a transition between the four attached townhomes on the right.

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It is a transition between the four attached townhomes on the right and the existing single

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family dwelling on the left. The existing house has a porch, so the porch is proposed

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for these two new homes and that is the streetscape. There is a refusal for

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steep slopes because the retaining wall that I showed you photographs of has been removed

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and it steps back now to allow a sidewalk to continue in front of the Wright Street houses

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and allows an entrance from Wright Street to the porches and to the homes.

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The other refusal is for side yard.

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Strict application of the code requires an eight-foot side yard.

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We're requesting a variance to allow five feet.

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The reason for that is that because there's no parking on Wright Street and because the distance to Gate Street is, as I said, 184 feet from the front of this house, each of these homes needs two-car parking.

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If there's an eight-foot side yard, then the garage will only accommodate one car.

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and that that presents a hardship for the neighbors who are going to have to compete for

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more parking it creates a hardship for the homeowners who are now going to have to find

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distant parking the request for five feet side yard is identical to what exists for this house

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at 316. As shown on page nine, which I can go back to, this detail indicates that the current

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side yard at 316 Rice Street is five feet. So we're only asking for the same thing that 516

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and Rice Street has, and that is a five-foot side yard so that we can have two-car parking,

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two-car garage. Let me go back. As indicated in the RCO's letter, there was a modification

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made at the request of the neighborhood. This parking area has now been closed off to the

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adjoining area so that this driveway is not a pass-through. There'll be no communication between

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Wright Street and Gate Street. The Gate Street driveway will serve only the existing residents

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and the proposed two new residences. And again, the turning radius is so small that if there's

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not a five-foot side yard and these houses become narrower, there's simply no way to get two cars in

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there. If we're allowed to have the same size side yard that 316 Wright Street has, then each

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of these driveways, each of these garages will serve two cars. Then there's space behind for

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guest parking when there's a dinner or some celebration, which makes it easier for the

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neighborhood because, as I said, Wright Street has no parking. Mr. O'Brien, they're both

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single residences right both single family homes uh with uh with a roof deck and uh and two car

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parking as per person let's see let me ask mr o'brien do you want to have your testimony adopted

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yes uh mr molson uh would you be sworn in please could you state your name and spell it please for

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the court reporter? Andrew Molson, A-N-D-R-E-W, M-U-L-S-O-N. All right. Do you swear, affirm,

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tell the truth, the whole truth, and nothing but the truth? I do. Proceed, counsel. You were here

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and you heard my testimony? Yes. Was it accurate and correct? It was. And do you adopt it as your

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own? I do. And you have the authority to do so and act on behalf of the corporate, of the company?

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Yes, I do. Okay. Thank you. Thank you. Questions from the board?

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No, Mr. Chair.

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Kyle, you're muted.

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No, Mr. Chair.

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Thank you.

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Questions or comments from the virtual audience?

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Chair, we have Adam Herbert.

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Okay.

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Hi, sir.

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Could you state your name and spell for the court reporter?

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Certainly.

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My name is Adam Herbert, A-D-A-M-H-E-R-B-E-R-T.

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Right.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Proceed.

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I'm one of the neighbors on Gate Street and just wanted to voice my concern over the project.

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wanted to voice my concern um over the project um would also just like to say that the baker

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street partners build beautiful houses in the neighborhood so um i do appreciate the work that

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they've done to do some of the different developments on green street and stuff like that

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um on the evening of the vote that you received uh from the civic association in favor of this

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project uh there was no role taken um and there was also no identifiers as to see who was on the

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call so for instance there was some people who could be identified only by iphone or ipad and

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some of the um people who voted were not members of the civic association or in the neighborhood

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rather um and also were financially tied to the developers um like plumbers and real estate agents

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and stuff like that. So I just wanted to, from the community standpoint, some of us feel like

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the Civic did not actually represent our feelings on the project. We don't necessarily have an issue

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with the development of two new houses in here. One of the issues is the particular neighbor at

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316 Wright Street with that five-foot variance. She has a two-story, it's depicted here as a

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three-story house it's actually just a two-story house and so she's going to lose a lot of sunlight

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and and there's some some some unfortunate things that kind of happen to her as the homeowner in

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the neighborhood understand that you know when you buy a house in philadelphia you're not guaranteed

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sunlight you're not guaranteed that kind of stuff so we we asked for some compromises um one of the

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compromises as you can see the two houses um you know and i'm not a developer by any means but one

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thing we asked is could they just be moved over to butt up next to like 324 Wright Street so it

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would give that eight foot variance and they could still build the houses and have the curb cut and

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all that kind of stuff so we just like to stress that you know the the Civic Association did not

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necessarily due to no role being taken represent the community's decision on this project.

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The fact of the matter is the Ridge Park Civic Association wrote a letter right in support

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the the civic association did write a letter in support based on the vote um which was a zoom

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meeting 24 to 9 in favor of the project but there was no role taken to see who was actually voting

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so i could have easily logged into three different devices and voted one way or the other

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okay thank you for your uh your call and your concern is there anyone else in the virtual audience

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i see no hands chair i'm planning commission

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planning commission

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i'm sorry i was on mute uh that's okay that's okay go ahead

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this is greg waldman planning commission staff

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um uh chair uh would it be okay if i asked a clarifying question to the applicant we certainly

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can um the uh refusal for 47 feet in height um does that include uh the height for the pilot house

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yeah so the as i understand it the plan examiner interpreted the code uh to include the area

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underneath that wing as part of the the pilot house when clearly the pilot house is only 67

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square feet. I believe that was a mistake and in fact we were the same day we had this meeting with

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the Ridge Park Civic Association there was another matter on their agenda I think it was 353 Delmar

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Street. And that plan had the same identical roof structure, a pilot house with a wing going across

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the roof to create a shaded area. And in that case, it wasn't a refusal. So the height from the

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average ground level to the roof is 38 feet. That's code compliant. But the interpretation of this

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plan examiner included the height of the pilot house because of his interpretation or her

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interpretation uh that the shaded area that the that's the area that creates the shade should be

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included in the pilot house dimension i believe that's a mistake okay so the the planet examiner

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was including i guess if it was just a pilot house without the canopy then it may have been

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interpreted differently yes the pilot house is is that if you include the height of the pilot house

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That's how he got to 47 feet.

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The average ground level to the roof is 38 feet.

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And just to clarify one more time, one other question.

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What is shown on the screen, that cornice height, is that 47 feet?

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on the screen uh that cornice height is that 47 feet or 38 feet this height the roof height

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sorry the roof height is 38 feet i can go back to the uh zoning plan bear with me

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why don't you do that i think it shows it better

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I did see briefly. I'm okay to proceed. Okay. The comprehensive plan recommends a zoning map change

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to RSD3 residential single-family detached at this location. It is within the Ridge Park

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Rocksboro overlay which requires an eight-foot setback above the second story for buildings

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abutting lots of buildings that are two-story and then a steep slope protection overlay which

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prohibits site clearing or earth moving activity on portions of the lot with a slope greater than

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25 percent which the planning commission disapproved at its zoning permit review.

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The we appreciate the clarification about the the height that was presented over the hardship for

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side yard width is self-created

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with a new construction.

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The Politic City

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Planning Commission

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recommends

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that the zoning board deny that particular

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variance.

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