Right. This, that looks like a Tetris piece. This is your rear yard.
part of it's black part of it's white it's like a square yin-yang almost right so again that's not
my rear yard i am one house so this corner is located on the southwest hold on one at a time
ma'am leo like she's saying it's not her house so chairman chairman respectfully mr mckelhaddon
has the opportunity to rehabilitate his witness on direct examination this is i know but i'm asking
what for clarity uh-huh she's saying it's not her house i'm asking what where is her house
chair i as an offer of proof this is a corner property which we previously discussed at the
last hearing and i can show the overhead zoning maps there's 100 lot coverage it's the first
house in the corner of master right here and then i can't recall the name of the street
ms rodriguez i'm sorry and again i'm sorry um mr mulville so the the house that you represented
is 428.
Miss, I did not ask a question.
Miss, I didn't ask you a question.
Here we go again.
Okay, one at a time,
the stenographer is not able
to get an accurate testimony.
So please-
You can direct the witness
only to answer
when I've asked a question.
I know, but I asked a question.
I'm still waiting for the answer.
Where is her house?
She's claiming that it's not her house.
So let me ask that question.
Miss Rodriguez,
you see that red square I just drew
along the property lines?
is you gonna meet yourself yes see that okay that's your that's your backyard and your house
and your property lines right no you have to move over over already so i would say on your keyboard
mr mobile to move your cursor down towards your keyboard okay so you want you want it to be here
where these structures are a little bit further down because my property where and i'm this is
just for the record. And I, you know, take this seriously, my oath. I'm covered currently. So,
so there we go. Yes. Number three. Number three. You're number three. Okay. So members of the
board, I'm sorry, I'm going to clear this. Purpose of the record, we're looking at page 88.
Some study 621-12pm. Ms. Rodriguez, it's your testimony right now that you are number three,
which is essentially at the very rear property line of my client, which as you can see,
has no bearing on this easement that you claim to have access to.
So, I, no, I'm going to correct.
It's two and three, two and three.
Okay, so I'm going to clear this drawing, members of the board,
and we're going to go to the actual red shot.
I'm sorry we have to do this.
Ms. Rodriguez, I'm now going to what has been submitted previously
as page 11 of my packet.
Okay, this is the screen,
I can assert to the board as an officer of the court.
okay this is the overhead shot of the property which was taken by me
at philadelphia atlas ms rodriguez you see that blue pin
yes that's my client's property right yes 1246 that's the property on the corner that i've been
talking about that is not you right correct 1244 that's you right yes okay the easement that we've
talking about, runs perpendicular from Thompson Street, right? Yes. Okay, and it extends towards
your backyard, about 23 feet from Thompson Street, correct? No. No, okay. So how far does it extend,
do you know? Yes, so it is 21, the easement is 21 feet long. Okay. And it is three feet wide.
okay of the 21 feet uh-huh um there's a portion that is directly behind my yard okay great so
it's 21 feet you wouldn't say 21 is about 23 so maybe I got a couple feet off all right that's
fine we'll get back to that you actually you say yes and no so that's what I'm doing yeah it's fine
it's okay listen we're not enemies here I want to help my clients be your neighbors okay that's
what i want to good perfect so here we are 21 you're right 21 feet so this is that corner
property with 100 lot coverage indicating for the record page 80 we are looking at z1 and we're
looking at that corner property with 100 lot coverage the upper right hand side of my screen
miss rodriguez do you agree with what i just said yes sir okay this so this this is the property
yes sir hey this so this this is the property line north property line which extends
line, North property line, which extends.
uh eastwardly and then south property line which extends eastwardly which is also your
property line right correct okay and this is the alley we were talking about three feet wide
21 feet long right yes oh this line right here fair to say this represents your south property
line, right? Yes. So you have rights to this easement to access it, correct? Yes. Oh, so we
all agree on that. Now let us go back to the SUN study, please. Okay, I just want to make sure we
all are on the same page, Ms. Rodriguez. I'm not trying to trick you. I'm just trying to make sure
we're clear. So now getting back to the 12 p.m. that I was talking about before, because it was
a little confusing, I think, without us getting to this photo. So this, see these property lines
here that I'm indicating with my cursor, Ms. Rodriguez? Yes. This is the property just to the
north of you with 100% lot coverage, dare to say? The two boxes? So if everybody sees how the two
boxes, yes. I'm only asking in one box. So here's what I'm going to do. I'm going to draw a square,
maybe. Yeah, cool. Here we go. Yes, right here. That's the property to the north of you, correct?
It's right next door? Part of the property. It's in red. Yeah, it's not the whole thing,
but that's like the property line i would say that's not the part of the proper line the property
line that goes okay great okay so miss what i'm doing now is i'm just doing three different colors
it's gonna be rgb by green blue cool so the red that's your neighbor right that's a neighbor to
the north yes that's part of their property yeah the green that's you right no again okay
no i'm not trying to argue with you mr mobile are you further it's okay further down
so what it is so thank you um mr de chico so the the house so so their house like you know
this is a real house right so your house with an extension extended shed you could say and it has
an a roof so i guess because this was taken from the top they're making the a roof like two
to um squares so it's the two squares so the red and the green is the size of the um 1246
north lawrence street okay miss miss rodriguez how how wide your property do you know
um off the top of my head no yeah but would it make sense if i told you about 14 15 feet wide
i actually think um i've studied that i actually am a little bit of a historian
my house happens to be a little bit wider than um than the other houses on this block members of
the board i don't want to believe you're the point but we'll just let this go at this point
i don't need to pull up atlas we can take judicial notice whatever ms rodriguez deed says i'm sure
it's public record we can look it up later but we don't have to do that for purposes today's
here now ms rodriguez i'm zooming in oh no i'm just gonna be this blue area this is the easement
you're talking about, right? Yes. Okay. Remember the pictures that I showed you earlier of the
overhead shot? I do. Yes, you did show it briefly. Right. So remember how your property was about
here on that overhead shot and then the other properties of the Southview also had access to
the Seasmoor. Remember that? So again, I'm not 1246. I'm 1244. It's only here. Okay. I'm not asking
you to elaborate I'm just asking whether you remember what I showed you I would say no you
don't remember no that's not what I'm saying okay it's not her property you point you refer to the
to the wrong property no property south of me has access to the easement do you have their deed
um I've seen it yes I've paid the money to to read I've read all the deeds okay well that's
area you have a copy of those deeds with you today miss that you can present to the zoning
board as evidence do you it's a simple question no okay good so you've known about this hearing
for a while though right you got notice about it a long time ago objection mr chair where are you
going with this mr mobile well listen if he's testifying about this then then let's testify
about it so 1240 1242 is miss marriguez's house 1244 okay 1244 okay see how there's an a roof
so when he was taking the photo so miss when we talk about a roof are we talking about 1246 or
what are we talking about correct a roof is means i think you yeah yeah i know what a roof is i just
want to make sure we're talking about the same problem so this is you 1244 the second lot in
okay cool so let's let's put all that aside this approximately approximately is the easement area
is that fair to say what i'm indicating with my cursor right yes okay so i was i was mistaken on
and drawing, and that's fine. I accept that. You have access to this easement, right? Yes. Well,
1246, to the best of your knowledge, has access to this easement, correct?
46, to the best of your knowledge, has access to this easement, correct? Correct. My client
Correct.
My client's property also has rights to this easement, correct?
Previously, you objected to the fact that my client's front door can be located in this easement, right?
So I see my concerns.
Yes, it's a yes or no question.
Mr. McElhatton can ask you anything he wants on direct.
It's a yes or no question.
Just answer that.
So I had concerns about the front door being on the easement, correct?
And, you know, in the new plans that I sent your attorney and to Old Kensington Neighbors Association some time ago, we moved that door to Thompson Street, right?
Correct. Yes. I saw that.
So that's no longer a concern of yours, fair to say?
Okay. So I've spoken with Mr. McElhatton, and he's represented to me.
And, you know, tell me this is right. Don't tell me what you talk with him about because it's privilege.
that your objection now is that you want the entirety of my client's property to be set back
five feet from your rear property line, right? Is that correct? I wanted the side yard variance,
correct. That was my concern. As you said, the sun goes east to west. So in the west,
when the even sun, I believe, because it goes east to west, will be overshadowing with it right
on the south of my property.
Ms. Rodriguez, did you receive a copy
of the email I sent to your lawyer
that gave you a sun study tool in addition to?
I do not recall.
Oh, you don't recall.
Mr. Mulvihill, can I interrupt a minute?
I want to make sure I'm clear on this.
The request from Mr. Rodriguez, you said,
was to set back the property line five feet?
Yeah, so my understanding, Chair,
and I'll let Mr. McElhatton clarify
because he hasn't made it clear to me, frankly,
is that we have a three-foot easement here,
which we cannot legally build on.
We initially received a refusal for side yard
only for one moment share
as I annotate this with my computer.
We received a refusal for side yard
only because this area,
we tried to extend this easement
all the way back to the rear yard.
In fact, it's the rear property lines,
rear building lines here.
So all we did, if I may erase that.
So all we did was then take
this used to be also an alley so that my clients could come in through this common easement and
originally enter their front door, which is here, and also use that easement to get into their
backyard. We did because to reduce the refusal, since the Neighborhood Association said there
was too many refusals, and Chair, you actually suggested that we ought to reduce some refusals.
We did just take this area, which was previously open, and bump it out up to the property line,
And so we removed that refusal altogether.
So there's no longer any side yard refusal based on this redesign because we may not build in this easement area, so that is not considered as part of the side yard.
So this is the only amendment that we made to the side yard.
I submit to the court, and I'm not sure whether our architect, Rich, is on right now, and he could testify that, but I ask you to accept my testimony for purposes of expediency.
We removed the side yard refusal by bumping this out.
Now, my understanding, and Mr. McElhatton, I'm sure, will correct me if I'm incorrect.
I'm doing this in pink, members of the board.
This is approximate.
So what Mr. McElhatton wants us to do, or I guess Ms. Rodriguez, via Mr. McElhatton.
So here's our three.
I'll draw around the easement in.
I don't know.
Let's do purple.
You've got to speak up a little bit.
You're starting to muffle.
I'm sorry.
I've had some issues with my throat being very scratchy recently.
I'll do my best. So members of the board, what I've done now for purpose of the record in that
nice like lavender color, that's our easement. We cannot build in that. It's three feet wide,
21 feet long. This blue area is where we amended our drawing and submitted the proviso sheet to
remove the side yard refusal because this was our side yard and that's why we got a refusal.
My understanding of the objector's complaint is that they wish for us to have this pink area be
entirely open area which is set back five feet which would generate an additional refusal
for us and have us have to go back to this to um lni for a revised refusal because what happens
then is this i don't know if this has been explained to the protest and by council this
area that i just highlighted in hunter green this then becomes a two-foot side yard we get a refusal
for that. So we tried to reduce a refusal rather than maintain or increase refusal. So that's where
we are. May I interrupt at this point? No, this is my presentation. Hold on, Mr.
Mulvihill, please. Let's calm down. I'm quite sure. Mr. McElhatton, what is the nature of your
Mr. McElhutton what is the nature of your I just wanted to point out that when the objection is for