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Hearing video

ZBA Hearing - October 13, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 13, 20217h 13m

I do not. I can email it to you.

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i don't have the letter to show now

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look if you can email to me i can forward it or if you want to email it direct

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yeah or if you do a screenshot from eclipse yeah let's see here

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here we go uh we've got it here i'm emailing it to you

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and while we're waiting for the email to come through uh exhibit 14 includes the evidence of

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prior approvals for the triplex at 1828. Exhibit number 13 provides approved prior approvals

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for the triplex at 1826. And 1826 also had an approval before it was or after the triplex

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approval for duplex that was approved on November 21, 2012. The RCO letter of support is included

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with Exhibit 2 of our packet, and I knew that the support of the community was unanimous.

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Beachwood Companies again issued the letter explaining that we had addressed the concerns

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of the community.

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There was an issue with a property in Ingersoll concerned about property potentially impacting

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impacting his view of the skyline because we were able to identify a slope running from north to

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his view of the skyline because we were able to identify.

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south from Ingersoll down it was it's clear and Mr. Dry can also explain this in probably a little

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more detail than I can that there won't be an impact on the Ingersoll owner's skyline view of

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property. Let me just pull up and here we go this is the streets department review that

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Mr. Dry was referencing approved by Coleman Cosby

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with no conditions.

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Now that didn't show street department approval.

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That just shows zoning approval.

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Right, and when we would submit for the building permit,

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we'd submit another application to the city,

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and it would be a building permit approval

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that would then have the stamp on the actual building plans but they gave us this zoning

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prerequisite approval from the streets department based upon the zoning plan which we submitted

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that has the detail for the flush egress well which was our only sidewalk encouragement

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i don't see that on this

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logan perhaps if you could just walk through the administrative logistics of submitting for

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street department's prerequisite approval at this stage of the zoning application process

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sure i don't know if you want to do you want to pull up the zoning plan just to see because

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you know basically what we do is we we submit uh via eclipse our application to the streets

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department and licenses inspections um so that zoning plan on there includes obviously everything

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within our property line as it relates to zoning and then any sort of

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encroachments into the public right of way right there you see that egress well if you kind of zoom

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in right there kind of the right of the photos so this is what we submitted to the streets department

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and then after they review this plan at the zoning level again based on the dimensions we're showing

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for the egress wells of the sidewalk and that sectional view again Paul if you want to kind of

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zoom up there so you can get a get a glimpse so right there's sort of the the furnishing zone at

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sidewalk level that shows the encroachments and then if you go up to where the photos are at on

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this they'll you'll see that sectional detail of that uh egress well on the sidewalk it's the

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the building yeah there you go nope missed it a little bit to the right yeah there you go

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so based on based on the review of this site plan and the stuff we submitted to the streets

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department in the egress wall section um at the zoning level they they don't stamp the plans they

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just give us that that review approval letter via eclipse and then what happens is we take that same

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design then when we submit for the building permit and what happens is the streets department

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reviews and gives us a stamped plan at the building level at which point that's that's

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what's needed in order then for license and inspections to give us the the actual building

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permit so for instance if we submitted to license and inspections and didn't have building permit

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streets department approved with the stamp and again a letter similar to what you're seeing here

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except it would be denoted as building,

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L&I wouldn't give us any sort of building permit for it.

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So at the zoning level, they're really just giving us just this letter

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because they know they're going to see this plan again for the building level,

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and they're going to be reviewing it

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and giving us the building approval at that point.

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And Mr. Dry, is this the same process

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that you and your architectural firm have followed

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for similar zoning applications this year

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involving egress wells within the sidewalk?

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up yep and and i can say you know from from the start of eclipse when they launched it the process

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has certainly evolved in terms of what the streets review is comprised of it's it's just sort of

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recently gotten to this level where we're actually getting these letters and things like that you

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know when it was very you know early launch that it was kind of all over the place so you know now

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it's sort of in in a little bit more of a an organized fashion where you know you get this

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zoning letter for the zoning and then again with the second submission for the building you know

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you'll get your your stamps and things like that but you know that that's a pretty typical process

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we follow for any sort of uh sidewalk encroachment whether it be a curb cut a egress well a window

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bay anything like that the process is relatively the same i tend to disagree with you you have a

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zoning there's no stamp on the drawings for street the previous uh case we had they had a

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the previous case we had they had a stamp for streets department approving the curve cuts and

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all streets department do a preliminary review you don't have that do we know the stamp date

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because with the eclipse roll out this year the process has changed and logan were you

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uh were you present for the last application um on columbia street or columbia avenue

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that had the the curb cut referenced uh i was and again you know there's for all the ones we've

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been doing that literally we the only thing we've been getting from eclipse on all of our on all of

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our projects has been this letter at the zoning level we see the stamps when it's any sort of

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corner property any sort of property that involves curb cuts and then even especially when it gets

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to the building permit level you know that's where we tend to see the stamps but what we've

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been getting for everything at the zoning level is this prerequisite letter from Eclipse which

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again we wouldn't get unless we uploaded the plans uploaded you know the contractor information

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everything else like that that's required for this Eclipse application so again the letter is

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based off of site plans that we submitted.

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And again, it would be cross-referenced

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with those same site plans

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when we submit for a building permit.

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And I can say from doing this,

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we get more stamps on the building permit drawings

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because that's what LNI is using

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before they issue a final building permit.

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At the zoning level,

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I don't want to say they're not looking at it,

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but it's not the same level of review

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for a zoning prerequisite as it is for a building

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because things could change between now and then.

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But generally speaking,

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we don't get any sort of stamps on any of the zoning submissions that we have

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through Eclipse which again has to do with the approval dates this one the

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approval date was in April of this year and again as I mentioned there's there

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have been sort of a change in terms of what streets department does their

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ability to stamp drawings over you know since the time Eclipse first rolled out

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versus you know where we are today. Let me ask another question this is new

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construction correct it's being done by the ibc code correct correct ibc code requires

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50 out of the basement is this building 50 out of the basement

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uh no however i think the section of code you might be thinking of resolves to whether it's

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going to be considered a story above grade or not generally speaking if the basement is

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50% or more out of grade, it would be considered a story above grade.

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Anything less than that, it's considered a seller, which again can

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vary. As long as it's less than 50% out of grade, it's still

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considered a seller. If it's above, then this would turn into a five-story

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building. I disagree with you, but

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that's okay.

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Mr. Ryan, when Streets Department

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submitted their letter of approval to you were you requested to submit any other plans or documents

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no that's i said you know when we submitted this you know one of the conditions of lni

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issuing a zoning refusal is that the prerequisites from any related departments such as the water

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department in cases of larger projects or streets department in cases of a public encroachment

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you know they require that that that prerequisite approval is issued before they even issue

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you know the zoning refusal that way when we're going in front of the RCA we're going in front of

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the ZBA board you know it's not it's not to say that encroachments are in questions to say you

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know the streets department's already looked at this already reviewed and preliminarily approved

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um but they didn't request anything additional than the original site plan that we submitted

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mr dry for the record can you just state your professional uh qualifications sure i'm a

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registered architect in the state of Pennsylvania. And how long have you been a registered architect?

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I've been a registered architect since about three years now at this point. And have you

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appeared before the Zoning Board of Adjustment before? Yes. Can you estimate how many times

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you've appeared before the Zoning Board of Adjustment? While I was licensed or just in

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general uh why you're licensed well i was licensed oh probably i'd estimate probably 50 to 100 times

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has anyone ever challenged or questioned your competency or qualifications as a registered

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licensed architect in the commonwealth of pennsylvania um not not questioned or directly

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challenged no i mean everybody certainly has you know questions when it comes to the building

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design and and i would think that you know my answers always come from a a code-based knowledge

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and you know just experience developing in the city. And the height of this

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And the height of this building, what is the height of this building?

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building, what is the height of this building?

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Let's see, the height of the building here. Can you zoom in a little bit? Sorry, my eyes aren't the best.

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Yeah, so with this one we designed, we designed the height of the building to be

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38 feet in compliance with the zoning code. You know, we didn't feel like it was necessary to

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add any more additional building height. So we've got, you know, from grade to top of roof is 38

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feet. And then we have the additional 10 feet for the pilot house, which is permissible under the

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zoning code. The question is about the seller at the property. Can you explain to the board

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the significance of a distinction between a seller and a basement?

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Sure. So, you know, when it comes to the difference between a cellar and a basement, generally speaking, the cellar is something where, you know, you can have livable space in the cellar just like you can have livable space in the basement.

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It just becomes a function of how far out of the ground that that basement or cellar is.

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The idea is that it's more referred to as a cellar when you're, you know, close to 50% out of grade, but not over, because when you're over, then you're obviously at a story above grade.

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And anything less than 50% out of grade, you're considered the basement.

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Again, both of which can have, you know, livable spaces in so long as you provide, you know, the required egress window in your 5.7 clear opening area, things like that.

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And is there any dimensional component of this proposal that triggered a refusal from Illinois?

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Nope.

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Is the height fully compliant with the zoning provisions of the RSA 5 zoning district?

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Yes.

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And you were present for the RCO presentation before the Beach Community Services RCO, correct?

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Yes.

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Were you asked to make any changes to the height of the building by any member of the community or a representative of Beach Community Services?

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No, I mean, in general, it seemed as if the community was appreciative that we kept the building within the dimensional standards, you know, which is something we always try to do, especially when we're asking for use variants.

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You know, we try to keep the building dimensionally compliant, you know, envelope wise, height wise, things like that, and really just try to keep the variance to a minimus of, in this case, you know, the use.

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I have no further questions than Mr. Dry.

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I have just one more, Mr. Chairman. Is it possible to redesign the buildings so that the bedrooms are on the first floor and the living space is in the basement?

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So the issue of the bedrooms in the cellar level was an issue that was discussed at length at the RCO meeting.

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And all members of the community, including the RCO itself, because of the inclusion of the total of four egress wells, two in the front, two in the back, both thought the plans that include for basement living bedrooms was appropriate for this particular location because of the inclusion of double the requirement of egress wells.

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One last question. Is it possible in redesigning to have the basement unit have direct access to the outside with the stairway?

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So I think, and Logan can also add to this, but there's a difference between an egress stairwell in the front onto the sidewalk or to the rear.

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I think there could be a potential for a design change to allow for egress stairs to the rear.

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But on the front, there are certain safety issues to having the open stairwell leading into the basement living space.

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Yeah, I would second what you said, Paul.

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There's certainly room where we could do a staircase down in the basement, absolutely, because that's rear yard more private.

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But in the front, for instance, whereas the streets department allows, you know, a flush egress well, or they allow a staircase, you know, to go up, let's say if the first floor was pulled out of the ground, the streets department's pretty clear about any sort of staircase that goes down or creates a void in the sidewalk.

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The only reason being is, you know, one, if you did a staircase that went down into those windows, you'd have to basically do a railing around it with a gate, which goes against their, you know, provisions for egress needing to be flush and walkable.

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So then if you kind of take that and say, well, we could do a staircase and do a grate over it, then you run into the issue of, you know, yes, it's safe for the sidewalk.

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you know yes it's safe for the sidewalk but if i'm in that staircase trying to get out then i'm

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But if I'm in that staircase trying to get out, then I'm with.

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lifting a grate that you know is probably not able to be lifted because it's covering the whole

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stairwell so in short you know back we've got more options but the front you know based on

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streets department standards we really are limited to just the flush egress wells

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thank you okay any other questions from the board

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Mr. Chairman, I would like to move my exhibits and have Mr. Rahel Raza adopt my testimony.

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Please do.

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Sir, please identify yourself, spell your full name, and I'll swear you in.

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Rahel, if you could raise your hand and be let in.

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Yes, sir. Rahel A. Raza, R-A-H-I-L. Last name is Raza, R-A-Z-A.

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

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Yes sir. Thank you. Mr. Toner. Mr. Raza are you a principal of Raza Thompson LLC? Yes. And did you hear my testimony today before the Zoning Board of Adjustment? Yes sir. Did you do you agree with all the factual statements I made to the Zoning Board of Adjustment and do you adopt them as your own? Yes.

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and with that anyone else would like to testify in this case

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not from the applicant your honor or yeah understood i'm mr chair uh mr

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um shimon kogo has this wait i'm sorry that hand went down um mr brendan harris

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has his hand raised hours well he did but it um it was a lowered i'm sorry okay planning commission

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thank you chair chico ian hegarty for the philadelphia city planning commission

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members of the board this uh in 2017 this area was remapped from rm1 to rsa5 this was done in

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accordance with recommendations for the comprehensive plan. I just want to note for the board that the

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previous approvals cited by council for these lots were issued in 2012 when the zoning was still RM1.

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So we would say the proposed use conflicts with the intent of the remapping, which was to encourage

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single-family row home development on the vacant lots in this area. And other than the fact that

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was combined to form a larger lot there are no unusual physical conditions to this lot

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that could be used to justify a hardship claim here so the city planning commission would

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actually recommend that the board deny these variances okay um mi 2021-002097

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1826 west thompson street i'm going to recommend that the record be closed and the board will

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discuss this at and uh at next wednesday's executive session uh we i've just been asked to

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move a couple of these cases around mr reuter uh has another appointment but he's needed for case

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number 12 on our list so we're going to go mr chairman mr chairman pardon me this is the court

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