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Hearing video

ZBA Hearing - August 31, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 31, 20227h 0m

Leo Isilovich.

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Mr. Isilovich, can you please raise your hand?

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Mr. Isilovich, can you please unmute yourself or wait for the chair?

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hi could you please state your name could you please state your name and spell for the court

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reporter hi my name is uh leo islevich uh it's spelled l-e-o and my last name is i-o-s-i-l-e-v-i-c-h

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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 proceed counsel mr islevich were you on the call when i just presented the case

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Yes, I was.

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Okay.

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And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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I do.

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And Mr. Isolovic, during the community meeting, did you advise the community that these homes would be all for sale and not for rent?

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And then that was certainly a factor which led them to support this project?

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I did.

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Thank you very much.

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Thank you, Mr. Chairman.

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All right.

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questions from the board no mr chairman no mr chairman questions or comments from the virtual

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audience here we have sloan folks mr folks you can unmute yourself and wait for the chair please

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good morning mr folks could you please state your name and spell for the court reporter

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good morning chairman bergman uh and cba board my name is sloan folks s-l-o-a-n-e-f-s in fire o-l-k-s

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representing the Office of Councilwoman Maria Quiñones-Sanchez from 508 City Hall.

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You swear or firm to tell the truth, the whole truth, and nothing but the truth?

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I do so, sir. Thank you.

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Proceed.

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The applicants, having met with the coordinating RCO and receiving a letter of support,

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Council Member Sanchez has no opposition to this variance request. Thank you.

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Thank you, Mr. Fuchs. Thank you very much for calling in.

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Anyone else in the virtual audience?

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Chair, I've seen all of the hands at this time.

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Planning Commission.

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Good morning, Chair Bergman, members of the board.

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Ian Hegarty for the Philadelphia State Planning Commission.

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In 2021, the zoning map was amended to RSA 5 on this block in accord with a neighborhood

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remapping process.

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The intent of the single-family zoning designation, as explained during that remapping process,

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was to encourage single-family infill on these narrow blocks consistent with their historical

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development patterns we agree that the dimensional variance is minimal and does not conflict with the

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purpose and spirit of the zoning code however with regard to the use variance the applicant

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has not supported the hardship claim with evidence of unique physical conditions of the property

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and i'll remind the board that there's no legal distinction between ownership units and rental

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units and no such restriction can be enforced city planning commission recommends that the

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board deny the use variants. Thank you. MI 2022-002576-2056-Dorth Bodine Street. I vote yes.

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Harold Tenere, my vote is yes. Thomas Holloman, my vote is no. James Stel, my vote is yes.

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Ismail Zahid, my vote is no. Thank you. You have your three votes. Thank you, Mr. Chairman.

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members of the board number six mi 2022 002 278 314 pemberton street gregory shapiro and christian

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daniello um letter of support from the queen queen village neighbors association

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and letter of non-opposition from councilman member squilla mr shapiro can you please raise

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raise your hand. He's coming back in as a panelist now, Chair. Thank you.

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Good morning, Mr. Shapiro. Good morning. Could you state your name and spell it for the court

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reporter, please. Gregory Shapiro, G-R-E-G-O-R-Y, Shapiro, S-H-A-P-I-R-O. Right. Do you swear

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for him to tell the truth, the whole truth, nothing but the truth? Yes. Our vice chair has a few

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questions for you. This is an application for the erection of a roof deck and roof deck access

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structure above the third floor of an existing attached building for use as a single family

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for use as a single family household and there are two zoning and there are two zoning refusals

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household

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and there was two

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the roof decks must be set back at least five feet from the extreme front of the building

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line closest to the front lot line whereas the proposed roof deck has zero foot setback from

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the front building line the second refusal is maximum building height allowed 38 feet proposed

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is 40.167. Now I have to ask you this. Have you emailed the exhibit packet with the required

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documents consisting of proof of ownership, tax compliance, refusal referral, photos and or plans

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

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I believe all those are yes. Okay, you may proceed and share your screen.

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i'm confused about a point here hang on i'm sitting here with my wife

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um can i mute and stop the video for a second to have an offline chat

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yeah the architect i believe is supposed to be the one presenting these

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now the architect can't present you have to present now if the architect's online he can

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bring up the

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presentation

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and you can talk off of that, but the

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architect can't testify. Is that okay?

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She is. Tina is in the...

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Okay. And if she has the ability

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to bring it up for you to testify, then

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that's fine.

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I believe she does. Tina Geary. I don't know

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how we get her... He's coming back

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in as a panelist now, Chair.

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Okay.

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I'm allowed to share my screen.

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Yes, could you just share your screen and let him testify off the screen, please.

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We can't speak as the architect.

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He's going to do the presentation.

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Is there a reason why?

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I'm sorry.

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I'm sorry, ma'am.

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Do you have the presentation to put up?

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I do.

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Okay, so we're going to mute you.

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and then the applicant will go forward with the presentation thank you kindly

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and this is hillary i just wanted to to clarify that the architect is not the applicant in this

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case the applicant is the property owner so you do not have standing to testify before the board

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that is why you cannot present unless you are called as a witness by the applicant who is

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testifying for their attorney. I am the applicant. No, you are the applicant maybe on the application

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before L&I, but for zoning board purposes, you are not the applicant. It is only the person

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who has an interest in the property, which is the owner or a tenant. Thank you.

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Can I call Tina as a witness to do this on my behalf? Because I was not

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I think Gregory listen to me I think what she should do she should put it up

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and all you have to do is talk off the screen and we'll talk you through this

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okay great okay sure just have her put it up this is Hillary if there are questions that

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the board asks that you cannot answer because they're technical at that point you could call

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your architect to answer but you need to give the presentation initially okay I will do my best

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I apologize.

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You'll do great.

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Okay, so where do I see it?

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Do you have it up?

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I do.

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Are you not seeing the refusal?

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I don't see it yet.

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We're actually seeing the appeals calendar right now.

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I think the wrong tab is highlighted, maybe.

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all right we see the refusal we're okay okay we understand that go on

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so these are she has the drawings up Gregory why don't you tell us what you want to do

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I mean basically what we're trying to do is create more outside livable space for our family

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and so we want to put a roof deck up on top of our house that has as much usable space as possible

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right okay

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do you have pictures of what the property looks like now

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okay so one is that your house there yes it is okay

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yes it is okay so you want to go on top of that yes and we have uh somewhat of a unique layout

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so you want to go

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because we're kind of a we're a double wide but it doesn't have as much depth so that's why we're

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having to build it the way we are because really we don't have much room to go back right okay i

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got you. All right. Go back to the photos one more time.

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Other places on the box have decks? Yes, there's actually a handful of them that have decks that

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do come all the way to the edge. And I think probably for a very similar reason. Okay, great.

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All right.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, I see no heads at this time.

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And my understanding is Queen Village Newark, Neighbors Association supported it,

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and there's no opposition from the councilman, too.

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Is that correct?

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Greg?

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Yes, that is correct.

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I'm sorry.

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Okay.

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All right.

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Thank you.

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Perfect.

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Planning Commission.

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Thank you, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Board members, the zoning map was amended in this area in 2016 in accord with recommendations

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from the comprehensive plan, but this lot was not changed.

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The property, as the applicant has noted, is unusually shallow, and so strict compliance

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with the dimensional requirements would not be practical.

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we recommend that the board grant these variances. Thank you. MI 2022 002278 314

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Pemberton Street. I vote yes. Carl Tenere, my vote is yes. Thomas Holloman, my vote is yes.

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James Snell, my vote is yes. Ishmael Shahid, my vote is yes. Thank you, Gregory. Thank you very much.

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number seven mi 2022 002 211 24 2142 east sesquihanna avenue martina reich is the owner applicant

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she's coming back in as a panelist now sheriff okay one minute let's see a letter of opposition

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from Councilman Squilla, and letter of opposition from the Fishtown Neighbors Association.

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I'm unmuting myself. I'm starting my video. Good morning. Good morning. Good morning.

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Hi. Our vice chair has a few questions for you. Sure. Good morning. Good morning. First,

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have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, or referral,

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photos and your plans of the property five days in advance of this hearing and have you met with

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the rco and do you have a letter yes to all of the above with one clarification we were asked

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after the receipt of the packet to that the that the original submission to ellen i um receive

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comments of the of the changes that the current proposed um plans were received and all of the

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rest of the supporting document was received five days excuse me chair pardon me chair this is the

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court reporter uh was the witness sworn i don't believe i was i thought she was but i'll we'll do

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it again that's not a problem state your name and spell for the court reporter martina research my

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last name is spelled r-i-s like in sam e-c-h do you swear a firm to tell the truth the whole truth

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nothing but the truth yes proceed okay martina this is an application for the creation

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of a surface of surface parking on an existing vacant lot for the erection of a fence wall

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greater than four feet along the front lot line for two non-accessory off-street surface parking

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spaces size and location is shown on the plan there are three use refusals one is the non-accessory

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off-street parking is prohibited in the rsa5 residential zoning district two where off-street

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parking is provided accessible parking spaces complying with icc slash ansi a117.1 shall be

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provided. It's the first time I've come across all of that. Three, whereas non-accessory

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it's the first time i've come across all of that um three whereas non-accessory parking two spaces

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must meet required drive aisle requirements and no drive aisle is proposed there is one zoning

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refusal any fence located nearer to the lot line than the required building setback or the actual

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distance of the building from the lot line paren whichever is greater end of paren shall be no more

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than four feet in height and no more than 50% opaque and a solid 10-foot fence wall is proposed.

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So now you may proceed. Okay so let me share my screen so I can show you guys what the plans are.

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Let me do this one and let me minimize the presentation for you guys. All right so

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So, this is the existing plans that have been submitted.

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Let me address in reverse order, let me start with the fence.

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So we had originally proposed a taller fence and upon comments and concerns from the RCO,

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we have shrunk the fence down.

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This is in line with the existing cinder block wall that exists on the property.

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I own the adjacent property of 2140, and these two lots have existed together since the construction of the home on this lot.

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It has always been an accessory lot for this property.

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However, they've been deeded separately.

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So we have shrunk the lot.

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Another concern from the RCO was that this may pose a risk to pedestrians.

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we've included now here a pedestrian alert system. In addition, my concern about a four-foot wall is

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that it will create security risk because this is our yard and our privacy and safety concerns

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for the property really precludes us from creating a four-foot translucent, 50% translucent wall here.

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trying to be mindful of the neighborhood which i love and the aesthetics and and beautification of

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the neighborhood we would like to have it mostly opaque with a trifold door that would open again

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with safety pedestrians in mind and an alert system and we're proposing that we put planters

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on top to to give us a tiny bit of extra height without um compromising um security but this would

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be trans um obviously not opaque um so that's the first concern the second concern if you look over

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