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Hearing video

ZBA Hearing - August 18, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Aug 18, 20263h 10m

the corner properties they are set back from ardley street as well correct that's correct and

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And you provided me with a report, and you have photographs of these conditions in your report, correct?

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I do.

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Okay, and right now I'm looking at page 5 of 20.

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Those photographs are of what?

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Page 5 of 20, the first photograph is a street view of a few units, 69, 20, 22, 24, 26, and 28 Arley Street.

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26 and 28 Arley Street um those are generally the inner what I call the intermediate Lots

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Those are generally the...

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interior Lots on on which side of the 6900 block of Bargeley Street that would be on the south side

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and that's the same side as the subject property that's correct okay and 6928 Ardley is that the

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property that's located um abutting our property correct that's the other semi-detached structure

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that's for lack of a better word attached to 6930 yes okay and then the photographs at the bottom

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are of of what that would be the north side of ardley street okay the 6900 block the 6900 block

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uh 69 33 31 29 and 27. and that's how they have the same conditions correct uh same conditions

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larger setbacks a little bit different character in terms of uh those units have front entry

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garages and driveways facing ardly street and then in terms of the ends uh the ends of the block

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uh pulled up page i think six of your report what do those show uh page six generally shows the

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corner lots uh street view first one is street view at 6000 ardley street um and then the second

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one is 601 ardley street so basically the two adjoining uh or yes adjoining corner lots they're

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at the opposite end of ardley street of the 6900 block of ardley correct correct okay and then they

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um and they and what are the they both of those buildings are located in what way to the adjacent

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streets uh they're in both situations they're primarily facing ardley street but they provide

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a substantial setback from uh the adjacent east gorgas lane as well okay um so then when you get

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to the r end of the block um what are the conditions that exist there sure so the i think

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the next photograph uh that we're showing on page seven is a street view of 69 35 ardley street this

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would be on the north side of Ardley Street opposite the subject property. Again, situation

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or a characteristic that's very similar to the subject property. Facing Ardley Street,

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substantial side yard setback. Because Sedgwick is on a little bit of an angle, what you get

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is a little bit of irregularity on that side yard. So you can see at the rear of that property

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at 6935. The building's a little bit closer to the street, but closer to Ardley, the front of

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the building has a much larger setback. As we, you know, compared that to the zoning drawings on the

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subject property, you know, we estimated, I think it was 11 feet setback from Sedgwick Street at

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the closest point and 24 feet at the furthest point okay then um in terms of the um other

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page uh eight of your report um you have an aerial you've included an aerial that shows

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um can you describe what's shown in that photograph sure so what we're showing here is

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basically the surrounding blocks or surrounding properties and buildings on those blocks um

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in the lower corner where there's a red dot that is the subject property of 69 30 ardley street and

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you can see all the surrounding properties you know on the block the adjacent properties on on

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either side of uh ardley street all maintain a very similar character with uh you know a larger

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setback from ardley street but also very substantial setbacks from east sedgwick

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okay and then can you and what addresses are we talking about

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so the red the red dot is 69 30 correct that's correct okay and that shows the setbacks from

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both ardley street to the right and sedgwick street to the north correct correct okay and then

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And if I move to the right, to the right, bottom right-hand corner, is that 6935 that we showed the picture of just before?

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6935 Hardway, correct.

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Okay, also set back from both corners, correct?

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Yes.

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And then if I move to the upper right-hand corner of that photograph, what's that address?

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I believe that's 7001.

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Okay.

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And that's, and can you tell us about the orientation and the configuration of that lot?

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And that's, and can you tell us about the orientation and the configuration of...

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Yes, same orientation facing Ardley Street.

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Again, significant setback from Ardley and a significant setback from Sedgwick as well.

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And then as I move to the left, the one that's across the street that runs from left to right, which is Sedgwick Street, correct?

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Correct. I believe that's 7,000 Sedgwick.

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that's immediately adjacent to the subject property across Sedgwick Street okay and then to

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the left on the other side of the railroad tracks there's another corner property which is kind of

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behind our property and what is that address that one is 69 45 Spray and is that and what is that

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has what's the configuration there and the orientation of that property uh similar configuration

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the units are facing sprague street uh but again uh substantial setback and green buffer from the

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sidewalk sidewalk on east sedwick street and you found uh there was a zone there were zoning

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archives for 69 45 sprague street do you know what the setback was in set stated in the zoning

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archives for sprake street um i believe it was uh similar to the subject property and the setback

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approximately 10 or 11 feet yeah thank you um now you mentioned you we showed 69 35 already

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then you mentioned 7 000 and then i believe that the other op caddy corner is 7005 hardly i think

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called the 7001 but um the the the intermediate lots on ardley street there they have their

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main entrance is on the front or the sides of the buildings i'm sorry can you repeat that again on

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for the intermediate lots on the 6900 block of ardley street um are the main entrances to the

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homes are in the front facing ardley street or are they on the side facing the side yard

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the intermediate lot space and have frontage on ardly street okay and um then how then there's

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a walkway out to ardly street correct that's correct and for the corner properties uh that

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are across sedgwick street across ardly street um where are the entrances to first of all where's

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the entrance to the existing building on at 69 30 ardly is it out to ardly street or is it

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out to Sedgwick Street? It is out to Sedgwick Street. And is that a condition that's similar

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to the opposite corners, the other three corners at the intersection of Sedgwick and

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Ardley Street? Yes, it is. Okay. Now, you had also included a larger aerial context map.

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uh is this condition of the corner properties residential properties being set back from

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both both street frontages is that a common condition prevalent condition is it uh is

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the exception to the rule in the community it is a common condition it's difficult to see

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at this scale in the photograph that we provided but if you were to zoom in and look at all of the

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elements in all the corners of the surrounding area again residential area but they provide

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substantial setbacks from both roadways on those corner lots okay now you um

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you took a look at the the zoning code provisions that govern uh street frontages uh is that correct

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i did and you included a review and an analysis of those provisions in your report correct yes

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and the um can you quickly tell the zoning board what is what does the zoning code provide

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regarding corner properties so on page 11 of our report we provided a graphic from the city code

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that does identify what is considered front yards.

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In this graphic, it shows a regular lot, two-street corner lots, three-street lots, and through lots.

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In all of those situations, every frontage or every side of the lot that adjoins a street line is considered a front line.

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okay now does it go on to address um

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what what what what is are both are both street frontages and both fronts

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to be dealt with the same way or does the zoning code go on to just make distinguish

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to be dealt with the same way or does the zoning code go on to just make distinguish or create the possibility of distinguishing between the different street frontages?

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It does distinguish. It does indicate at least one frontage needs to be designated as a primary frontage and then gives I would say criteria or direction in terms of what to use to identify those

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primary facades and what are those criteria uh orientation of the primary structure

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the orientation of the structures on adjacent lots adjacent corner lots and the orientation

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of other structures with frontage on the same block and also the stream type designation of

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the bounding streets okay now um you mentioned so does the code say that there can be only one

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primary frontage or there can be more than one primary frontage it it says at least one frontage

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so there can be more there can be more all right and what is the result if only one of the frontages

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is deemed to be a primary frontage uh in this situation that it would be a reduced side yard

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setback okay so with the front side front yard setback requirements apply to that frontage

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that's not a primary street frontage it's not a primary frontage uh they would not okay and

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do you believe that that's what happened in the the review of this zoning permit application

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yes and the zoning drawings are are stamped that they identify a um primary frontage um but if you

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know the illustration that i provided on page 11 of the report identifying the front and side yard

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designations. The point of identifying, in my opinion, the point of identifying a front yard

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facade is to determine if the opposing lot line is going to be a side or a rear lot line. And that

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is the stamp on the zoning drawings, identifying what is the primary facade, but then also to

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identify what is the opposing lot line, if it was going to be a side or a rear line.

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okay and then did you go through and analyze uh and apply the criteria for the designating designation

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of a primary frontage to the conditions that exist at the subject property and surrounding

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the subject property yes okay and could you please go through those quickly for the board

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sure the orientation of the primary structure again the primary structure faces ardley street

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STREET, BUT IT DOES HAVE THAT ACCESS AND ENTRANCE THAT DOES FACE EAST SEDWICK STREET.

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THE ORIENTATION OF STRUCTURES ON ADJACENT CORNER LOTS, AS WE PROVIDED IN A PREVIOUS GRAPHIC,

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IF WE LOOK AT ALL OF THE CORNERS OF EAST SEDWICK AND ARLEY STREET, ALL THESE RESIDENTIAL

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UNITS ARE SET BACK FROM ARDLEY, BUT ALSO SUBSTANTIALLY SET BACK FROM EAST SEDWICK.

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The orientation of other structures with frontage on the same block face, again, going down and looking at the area of East Sedgwick between Arleigh and Spring to the south.

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Again, all of those units on that block are set back from East Sedgwick.

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And street type designation of the bounding street.

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So East Sedgwick in this situation is a lower tiered street.

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It's considered a lower density residential street.

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Okay.

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What are the different street types there?

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Let's see.

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Sorry, I'm drawing the blank on the designation of Artley.

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i want to make sure i state this the correct

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city neighbor it's uh early is considered a city neighborhood street and then from the

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from the complete streets design handbook did you pull up what the different um characteristics

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of each of those two streets are and the photographs that they provide in the

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streets department provides in the complete street yes book and and in looking at those

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too so you're saying ardly street is a city neighborhood street and you're saying east

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sedgwick was designated as a low density residential street correct correct and but

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in looking at the descriptions and looking at the photographs and obviously streets are different in

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the city of philadelphia from block to block and when and when you looked at the streets

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department's designations of these streets they don't change generally block to block they

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they don't change generally block to block they generally stretch for a fair distance over several

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generally stretch for a fair distance.

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blocks correct that's correct and but in looking at despite the way that it's designated on the

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streets departments i guess you looked at their website is that correct um that which which which

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care which characteristics and which photographs seem to resemble both streets uh the what's

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characterized or described as the lower density residential streets and shown in that character

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is basically the character of both Ardley and East Sedgwick. Okay. Now, so based upon your review of

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the criteria set forth in the zoning code and the conditions that exist both in the general,

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in the neighborhood as a whole, and at this particular intersection, the adjacent properties

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located adjacent to the subject property and real quickly what what is do you know that what the

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definition of adjacent is in the zoning code does it include properties um across the street it does

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include properties across the street yes uh it's i believe the specific definition is to touch or

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share a contiguous boundary or border or to be separated by an alley shared driveway or street

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okay and there's a shared driveway to the rear of the property correct that's correct okay um so is

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it your conclusion that the was the planning commission's designation of one primary frontage

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and that primary frontage being ardly street was that correct or incorrect uh i believe that

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designation was incorrect and what what should have what should have been the designations

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i i think both roadways should have been identified as a primary frontage because

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of the corner lot configuration and the existing building setbacks that exist not only in the

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subject property but on the surrounding adjacent properties and and the block base

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now what is the importance of that if they're both primary frontages what would the frontage

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what would the setback be at east sedwick street would it be zero feet zero inches as shown on the

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zoning plans it would not okay and what based upon the definition in the zoning code uh for

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front setback what would it what would it be or what would the range be um in this situation i

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think the it would be uh you know approximately 10 foot which is the existing setback of the

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existing building what's that based upon uh based on the the existing building location

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and is that at all determined by any of the surrounding properties

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uh yes uh based on frontage one of the other criteria for for setbacks is based on the

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um average distance um of adjacent properties on the same block base and in your and it's your

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position that which properties are located adjacent to the property in terms of sedgwick street

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uh adjacent based on the definition would be uh opposite arley what address is that uh that would

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be 6935 arley street okay and then what other properties uh regarding the the block face it

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would be 6945 east sedgwick no i think 6945 was i'm sorry i misspoke 6945 sprake street

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and then are there any other what other adjacent properties are there

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The other adjacent property would be on the opposite side of East Sedgwick Street, which would be the 7,000 RLA, I believe.

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Okay. So your position is based upon the zoning code that it would have to be, there would need to be a setback at East Sedgwick Street?

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There would, yes.

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That would be, would it have to match those setbacks, or what is the setbacks of the adjacent properties?

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What is the regulation?

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No greater or no less than.

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Okay.

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And then from the photographs, you've approximated, did you go out, you didn't go on to anybody's property and measure their side yards, did you?

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We did not.

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We just based it off of aerial photography and zoning drawings that were provided with the application.

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okay um your report goes on to talk about um you know planning type of uh considerations

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um can you briefly talk to the zoning board about those sure the we reviewed the upper northwest

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Sure. We reviewed the Upper Northwest District Plan, which generally provides a guideline of development within that area.

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WEST DISTRICT PLAN.

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The existing land use analysis identifies the existing land use of the subject properties and all of the surroundings as a low-density residential area.

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For new housing development, it suggests for new housing, new units should be guided toward existing infrastructure.

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structure, away from lower density blocks, and new developments should remain compatible with the existing buildings.

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Housing recommendation policy, I'm sorry, priority number five is to direct multifamily housing development to commercial streets and train stations.

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Neither one of these streets, Sedgwick or Arley are considered commercial streets.

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The area around the subject property was identified as a proposed local historic district identified as Sedgwick Farms B.

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The proposed land use that's identified in the plan identifies the area and the surroundings as a low density residential area.

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PROPOSED ZONING. THERE'S NO CORRECTED ZONING MEASURES THAT WERE IDENTIFIED IN THE PLAN AND

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THAT EVERYTHING WAS INTENDED TO REMAIN AS RSD1. THAT WAS A SUMMARY OF THE NEIGHBORHOOD PLAN.

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I'M SORRY. I'M GOING TO HAVE TO INTERJECT AT THIS POINT. I WAS A LITTLE BIT DISTRACTED

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looking checking something but i i'm objecting to this portion of the testimony because this doesn't

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go towards uh the issue of you know the street frontage um and this is more i'm not i'm not sure

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what context this discussion of the comprehensive plan is taking place this is it we're now at a

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are we making a new argument about the zoning change ordinance uh the remapping that took

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