civus
Hearing video

ZBA Hearing - July 29, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jul 29, 20265h 47m

i don't see anyone in the audience with that name what about donnell

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d-o-n-n-e-l donald or donnell no they're they're not in the audience yeah because we were scheduled

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no they're they're not in the audience yeah because we were scheduled for noon today

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for noon

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that's at least why we had 1206 so i tell my clients to come an hour beforehand that's why

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i came an hour beforehand so um i can give testimony as to what i can tell you what they

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would have testified to but the board wants to feel comfortable i can why don't why don't we do

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this why don't we um one of you as an officer of the court give us your testimony yeah and then

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we'll if we're comfortable that we'll figure out where we are all right great um so again he'll have

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three staff members working eight hour shifts so one staff member per eight hour shift there um

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they'll so it'll be staffed 24 hours a day his qualifications um in terms of he would do

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background he has to do his own background checks he has to have a hipaa agreement he has to have

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you know obviously this is a heavy heavily regulated uh practice not just for the city

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but for the state as well so they have to do their own inspections um you know the the people

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that work there have to have cpr certifications first aid certifications emergency response

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training abuse neglect and reporting training training on de-escalation and behavioral training

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So in addition to Donnell, who is a licensed nurse, he has to have this training, plus all staff members will have the training.

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He will not accept any residents with mobility limits or who require evacuation assistance.

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So he's not going to have anyone who has physical disabilities.

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and he's not looking to hire to have anyone in this space that really can't just take care of

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themselves like you know they just need guidance during that time just in case right like you know

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they just need a human hair an adult to help them you know if if they just need assistance

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he doesn't anticipate any of the members in the in the or the occupants to have like need for a car

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He doesn't expect any of them to be driving, so it's not going to cause any issue with public streets and congestion.

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No medication will be managed or administered at the property, and he's going to get a PhD ODP license.

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and as i stated with the state they require regular property inspections

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and he will accept state funding as part of the odp program uh trash will be stored in the rear

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with city pickup and then the programming he's going to have is just different programming

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events tv laundry he'll have there and he will have cooking on the premises where he'll have

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staff members cook for the residents there uh and he'll take insurance so that's basically where

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would the clients come from the state uh i believe so that is correct questions from the board i

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didn't hear that last part where were the clients come from i i would believe they're they're they're

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through the state okay the state and city program so to come again i i would defer to him but i

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would assume they would be coming through some governmental program well what's the age group

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uh he did say he would accept minors but i i don't want to state exactly who what the age

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range is again he's not looking to to have people who have any physical limitations

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and in terms of of their mental capacity they have to be functional like we're not because

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we're not administering drugs there. So it's people who are able to take care of themselves

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but need that extra assistance with adult supervision. And you can define that when

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you're accepting individuals through programs that you don't want to take anybody that has

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medications or takes medications? That's my understanding from my notes is that he is not

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accepting anyone that requires medication that needs to be administered by his facility so i

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don't want to state so why don't why don't we do this yeah why don't i move on to the next case

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you could go in the back or wherever see if you can get them ready and then we'll go to you next

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and that way the questions could be answered thank you okay thank you very much sure all right so next

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one is seven number eight number eight number eight mi 2026 000 724 4182 to 36 decatur street

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Rachel Pritzker is the attorney.

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Rachel will be rejoining as a panelist

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good morning good morning counsel could you please state your name and spell for this

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sonographer yes Rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r right do you swear or affirm

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to tell the truth the whole truth and nothing but the truth yes could you identify your

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client a relationship to the property yes my client is william redmond and he is the owner

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of the property so there's a letter of non-opposition from homesburg civic and also a

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letter of support from council member driscoll our chair has a few questions great thank you

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good morning morning have you submitted your documents and exhibits five days in advance of

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this hearing yes and do you waive the reading of the refusal and stipulate to its accuracy

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Yes.

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Okay.

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All right.

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Thank you.

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You can share your screen and proceed with your case.

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Okay.

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Okay.

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Can you see my screen?

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Okay.

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Okay.

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So this is 4132236 Decatur Street.

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This property is owned RSA 3 and the application is for the legalization of a detached private

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garage with one parking space which is accessory to a single family home within a detached

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structure the only refusal that this generated was because of the setback so for private

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residents garages and carports they are permitted in the rear yard provided that the residence or

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garage for the carport shall remain a minimum of three foot setback this garage doesn't meet

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that requirements whereas from the rear property line it's less than a foot however as we'll go

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through this is this garage replaced an existing garage that burnt down it has the same structure

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and sizing of those garages and this condition where it's not three feet from the property line

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is similar to the adjacent properties above i do have to give credit to mr redmond he handled this

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most of this application and process without me I got involved sort of on the later end just to

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help through the hearing so just want to give him a little credit for the work that he did

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and just share a little bit about his application again this is constructed on the same footprint

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as the old burned down garage extended footprint into his property is about 540 square feet to

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660 square feet. And again, any offsets were sort of where the old footprint were. And other

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properties in the neighborhood, as mentioned, have zero setbacks or are directly on the property

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lines. Use a foot setback adjoining the directly adjacent neighbor and a five-foot setback from the

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private driveway, which allows the neighbors to access their garages as well. This is the

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tax clearance and the deed for the property.

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This is just the zoning map just showing its RSA 3 property, larger corner property,

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as you can see from this slide.

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I think the lot is almost 12,000 square feet, pretty large property.

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And as you can see here, you have the single family home and then the detached garage as well.

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Another aerial zoom out a little bit.

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This is the front of the home, again, on a pretty large lot.

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Zoning posters on the property, more photos.

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Okay, this is the exterior view of the garage.

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the siding was obviously updated which matches more of the neighborhood as well

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than what was there the internal part of the garage just for one car

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an exterior view this is the house over here and then the garage on the side

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again another view

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Again, another view, because that's the neighbor's yard to sort of the end of the garage.

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This is the code section.

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As mentioned, it requires three feet setback.

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Again, we're providing almost a foot.

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Mr. Redmond went to the RCO meeting, sent the required notices that are on the screen,

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sent the mailing out.

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I met with Holmesburg Civic Association, and they did not oppose the application for the

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the variance for the non-compliance setback for the garage in the rear of the property.

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And again, a letter of non-opposition from Councilman Driscoll's office as well.

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So the plans that were drawn up.

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So again, this is over 11,000 square foot parcel.

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so you have the home here and then we have the one story metal garage that's here accessed by

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this private easement to access it so and again it replaced the existing one that was there so

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I think setting it over would encroach into this fenced area in the patio setting it back would

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encroach into the play area and so it's just taking up again the area that was in if there's

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five feet here about 0.85 almost a foot there and then all the rest of this is his property

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and that's sort of it on this I want to see if we could bring Mr. Redmond William Redmond he

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should be in the audience um to adopt my testimony

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william redmond should be rejoining us now thank you you're welcome

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Mr. Redmond, looks like he declined. I will try one more time. Thank you.

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so rachel he had a fire then he rebuilt it himself without a permit is that what we're

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saying correct so this is to legalize yep yep structure william redmond you're free to speak

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hi mr redmond could you please mr redmond please state your name is spelled for the

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stenographer. He's muted. William Redmond, can you please unmute yourself?

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Can you hear me now? Yeah, we can, sir. Could you please state your name and spell it for

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the stenographer? William Redmond, W-I-L-L-I-A-M-R-E-D-M-O-N-D. Do you swear or affirm to tell

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the truth, the whole truth, nothing but the truth? Yes, sir. Council. Mr. Redmond, have you heard my

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testimony today do you believe it to be true and accurate and do you adopt it as

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your own yes sir yes ma'am that's okay that's all chairman unless there's

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questions from the board yes the neighbor next door do you have the

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support from the neighbor because the garage is like really close to that

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shared fence yes ma'am it actually works to his benefit it closes in his one side

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of his lot in the back of his property both of those properties are in the process of being

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rehabbed due to the fire they both burned out thank you does the new garage have an electric

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line running to it yes yes it does it has its own electrical service which is the permit is in the

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process of being finalized as soon as i get the building permit okay understood

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other questions questions from our attorney not at this time mr chairman questions or comments

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from the virtual audience no hands planning commission jonathan goins planning commission

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the comprehensive plan recommends no change to the existing rsa3 residential

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the comprehensive plan recommends no change to the existing rsa3 residential single family zoning

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the proposed dimensional variance is minimal and does not conflict with the purpose and spirit of

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the zoning code the city planning commission recommends that the zoning board grant variance

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mi2026 000724 4132 to 36 decatur street i vote yes go johns my vote is yes

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tenetta graham my vote is yes ryan mcadams my vote is yes i win my vote is yes thank you thank you

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counsel um i'll move on to number 10 because his clients weren't coming to 12 anyway so

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So, number 10, MI20260007272913Jetson Street.

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Zen Jin is the attorney.

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Zen Jin has been promoted.

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thank you

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good morning good morning counsel could you please state your name and spell for the stenographer

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yes uh my name is zen jen z-h-e-n last name j-i-n here on behalf of the applicant

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right do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do counsel could you identify your client and relationship to the property

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Yes, my client is Amir Simpson, 2906 North Justin, LLC, the property owner.

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Our vice chair has a few questions.

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Good morning.

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Have you submitted your documents and exhibits five days in advance of this hearing?

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Yes.

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Okay, and you have several refusals here, so do you waive the reading of your refusals and stipulate to their accuracy?

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Yes, I do.

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All right, thank you.

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You can share your screen and proceed with your case.

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Thank you.

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i'm going to share with the board what was previously submitted as our exhibits it should

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be coming up on the screen can the board see my screen on there i can thank you uh good morning

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this is an application uh for legalization of additions at a property at 2913 judson street

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My client owns and occupies the property. He is a self-employed individual who bought the property, moved in, was excited about the ownership and did renovations without realizing that it triggered various dimensional zoning refusals.

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i think the best way to kind of address all the refusals is simply go to the plans and photos

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first it will better show the board what is going on with the property so the property is located

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here uh it's on judson street kind of in the middle of the block there is a shared alleyway

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behind and there are various neighboring properties uh this is actually the property in question here

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And the front setback dimensional variance is regarding the enclosed porch, which is used as essentially a small room where he puts a closet and shoes.

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We'll show that picture in a minute.

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The property is actually abutted on one side by existing property, on the other side by a few lots, which also is owned by my client at the moment and is vacant.

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Not every lot, one or two of the lots are owned by him.

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The one thing that we are removing, and this is important with regard to visibility, is this deck.

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He put a deck up that essentially covered the rear and side.

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You can see here the rear where the wall is, that it covers it, so it made it pretty much an enclosed space.

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The community had issues with that, worrying about visibility.

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So he had agreed to remove it, and that will be removed as part of the process of moving forward.

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The rear space is, because of an addition he did to expand interior space, the rear yard space really is very small.

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As you can see, this is the wall in question about the 8-foot wall.

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It runs all the way down. It's actually very similar to walls already existing on the block and runs the other way onto the other lots as well.

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There is a door for access to the fire alleyway as needed, so it is not really locking him into the space in the rear.

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The property surrounding and in the back really had no issue with the actual wall.

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Their main concern was the deck, which made that space not visible.

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So they were happy to hear that this would be removed.

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so they were happy to hear that this would be removed and also my client does live in the

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and also my client

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property as you can see he's done extensive work to make the property nice for his family

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this is the enclosed porch area right here in the photo as you can see it's just a little bit of

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closet space some shoes for storage of his shoes and other items it's again a single family house

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that he resides in uh this is some of the rooms as you can see uh this is the kitchen uh first

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floor area this stair leads to the second floor this is the uh basement area here with the uh

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utility closet and the uh small bathroom in the in the basement the plants also show that

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i'm going to move to the plan so it's clear on how the space is laid out with regard to

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the dimensions so what had happened is there is a existing addition however he did existing

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addition because the next door property has the same depth and in fact a lot of properties on the

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block have similar depth so he thought that by extending it to match the rear of the neighboring

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property he's not violating any dimensional code however of course that is incorrect

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the front porch enclosure there's another one on the block um when we met with the community

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the neighbor the immediate neighbor and the neighbors really did not have objection to that

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given that the front does look fine with the new design so the main concern the neighborhood had

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