must be all met.
Mr. Shee, let me just revise
that. The approval
is based on
vested rights only.
The approval is
say that one more time.
Approval is based on vested rights only.
Okay. The approval
is based on vested rights only.
Cheryl Gaston, my vote is, I'm not sure how to say this.
Agree?
Yeah, yes with proviso.
Yes with proviso.
Tanetta Graham, my vote is yes with proviso.
I win, my vote is yes with proviso.
Thank you.
Number seven, MI 2024-002-123, 1524-38 Germantown Avenue.
I vote yes with proviso.
I vote yes with proviso.
Revised plans, six pages.
Revised plans, six pages, stamped by ZBA on January 8th, 2025.
With John's recusal.
Cheryl Gaston, my vote is yes with proviso.
Snedagran, my vote is yes with proviso.
Ryan Wayne, my vote is yes with proviso.
Ishmael Shaheed, my vote is yes with proviso.
Thank you.
We're going to go to our regular list, and we're going to start with number 16.
MI 2024-005-318-1608 South 12th Street.
Hannah and Andrew O'Brien are the owner applicants.
It's pro se.
There is a letter of non-opposition from Council Member Squilla
and a letter of unanimous support 16-0 from East Pass Shunk Crossing Civic Association Zoning Committee.
There's also a petition of 14 signatures, 11 from the immediate block.
Andrew O'Brien has been promoted to panelists.
Morning, Mr. O'Brien.
Good morning.
Could you turn on your video, please?
It should be on.
There you go. I see. I see. We see. Okay.
Could you state your name and spell for the court scenario?
Andrew O'Brien, A-N-D-R-E-W, O-A-P-O-B-R-I-E-N.
We're affirmed to tell the truth, the whole truth, and nothing but the truth.
Yes, I do.
Our vice chair has a few questions.
Good morning, sir.
Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?
Thank you.
Please proceed and share your screen.
Mr. O'Brien, let me read this first.
For the erection of an addition above an existing attached structure, including upper and lower roof decks and connecting stairs for use as a single-family household living, whereas if abutting lots on both sides of an attached building contain only two stories of an enclosed area, the stories above the second floor of the attached shall be set back an additional eight feet from the minimum distance between the front facade and the front line.
A roof deck may not be constructed in this setback, and the proposed roof deck at the third floor level is constructed in the required setback.
Please start your presentation.
Okay, so here is the proposed addition.
It's a third and fourth floor.
This is just a quick rendering of the front part of the addition.
We have one refusal, which is the setback, which is what we're seeking a variance for.
The height requirements are by right currently.
I have, let's see, our architect gave us two examples.
So this example on the right is what we're proposing. And then the example on the left is what we can do by right if, you know, we aren't granted a variance for the setback.
I think, you know, it could be widely agreed that the one on the right looks a lot better. I think everyone in the neighborhood would much prefer that.
So, anyway, moving forward, this is the drawings for both of the example, given that, you know, what we can do by right, and then what we're proposing here on the right side is what we would actually like to have done.
um let's see these are just more drawings of what we would like to have done um so it is a third
and fourth floor uh with a uh a rooftop deck that you can access from the outside
on top of the third floor here um uh here's our notice of approval or of refusal for the
The setback, as you can see, we're proposing to build up to the front of the house and you need an eight foot setback.
So this is the only refusal that we've gotten for this application for appeal to the zoning board.
Just second page of that.
add the project information form thank you yep
at the project information form thank you yep
um yeah page one page two page three of that um this is our deed to the home add the deed okay
uh the the certificate of tax compliance yes sir thank you
Zoning posts are approved, so December 18th, December 20th, and December 27th is the current
current photo of our home um as the rco uh board letter of support
this is uh uh
those two lots of signatures yep um this is the letter that we sent to our neighbors
and the proof of having sent the letter, the letters of notice.
And, you know, more proof.
Here are some homes that are similar in the area, you know, around Philadelphia and some in the area.
um just similar projects where they add a third and fourth
with a mansard in the front
and we're just looking to do something similar um this is a family of three me my wife and my child
we just want to you know expand our family stay in philadelphia and stay in our home here
and would like a little bit extra room the reason for the fourth floor is because we don't have any
back any outdoor space at all in our home so we're one of the few homes the area that just
it goes straight out into the alley um in the back and uh this is like an effort to get some
kind of indoor outdoor space back like most other homes have um so that's why we would like to do
something like that um and yeah here's all the architectural drawings can you make that a little
bigger the architectural drawings please thank you yeah apologize it's a little blurry so
here's the proposed project um we can see this is the first floor living a living room and kitchen
here's the the current second floor or this is you know the second floor will be uh two bedrooms
well three bedrooms one is more tiny more like an office um uh and the third story edition will
be the master bed walk-in closet uh master bath uh with an office in the back that has balcony
um uh and then the fourth story will just be a little kitchenette uh four seasons room which
which opens up into the roof deck, which goes up, which has stairs that go up to the top of the fourth.
Okay. Mr. Bryan, you're done your presentation.
Questions from the board.
Yeah, I have one question. So you showed images of houses that are similar.
um is are there any homes similar to what you're trying to do on your current block now or would
you be the first there's not one on my current there there are a third story additions on our
current block and there is one that has uh the variants the setback variants which is the one
that we're seeking for um so yes in that regard yeah um there there isn't one that has the the
the four seasons room though there is one right around the corner on morris um and 12th uh or
morris and passion uh that is that this is modeled after it's like exactly the same thing we just
admired that one and we wanted to copy it and that is a block away a block and a half away okay one
more question i'm sorry um so you said the the sort of fourth floor it does have roof deck but
the access is from the outside is that what you mentioned yeah the fourth floor has roofed up the
what you mentioned yeah the fourth floor has roofed up the act the access is from the outside so
access is from the outside so
it would be so this is the fourth here so you'd go out here and then up the stairs if that makes
sense thank you yeah yeah sorry continue what's what's the height of the the building 58 or sorry
38 it's the
yeah 38 feet we kept it just below what's by right
okay so that so your height so your height is less than 38 feet yes okay
and you did say i'm sorry uh were you finished michael yes yeah okay um and you did say that
But there was another property on your block which has the setback for this type of addition?
Is that what I heard you say?
There is another property on our block that has the setback variants.
So they build all the way to the front of their home.
They don't have the fourth story Four Seasons room.
But they, yeah, they just have this, they just build up all the way to the front of their home.
okay and that's like five doors down okay and then you said this other one is around the corner
it's on a different street is that what you're saying the one that you modeled you were yeah
the one that we modeled ours after is right around the corner it's um yeah like a block and a half
away okay and then the stairs you have to come out of the property to go up the stairs to
get to the is that the the roof deck yeah so so yeah you would go so we're on uh we're in
the Four Seasons room right here. This is inside. And then you'd go outside here. This is like the
patio area. And then to get to the top of the Four Seasons room, you just go up the stairs.
um this eliminates any uh uh i don't know what you call it but any enclosures that go up to the top
um for like an indoor staircase that you would need for for an indoor staircase so you're not
building any higher than 38 feet okay thank you good questions for the board yeah does the 38
feet include the parapet that's above the fourth story do you have an elevation uh i'm sorry what
is i'm sorry you're not familiar with the terminology what's a person like a drawing
that shows the facade and like the whole building well he's got this he's got a like a section kind
of drawing if he can go back to that that would probably give you it's hard to think he's got to
Let's just blow it up a little bit.
The drawing.
This one, yeah.
Can you zoom in on that, please?
And so the front of your house is to the left, and then...
No, this is like a section.
No, no, I understand, but I'm just trying to...
The street is to my left.
The street's to your left.
The street's here, yep.
and then have any of the approvals at the meeting were any of them your like adjacent neighbors
yeah we had uh three or four neighbors there uh come in approval uh you know attend
and approve were they neighbors on your side of the street versus the side of the street
that has three-story homes we had neighbors on both sides of the street yeah
and we had we had one neighbor on the adjacent block like behind our house too there
you're saying to the top of the roof line is your 38 feet it looks like that does not include
the parapet though or the railing the railing it does not include the railing i guess we were
to understand that the railing does is not included in what is by right um
that's what we understood there's not there's there's not a refusal for that got it understood
questions from our attorney hillary emerson
not at this time mr chair there's a comment from the virtual audience
there are no hands planning commission oh sorry chair
before the plan
there was a hand by Julian
Greyer
is that
I will allow them to speak.
Could you please state your name and spell for the stenographer?
Julian?
Julian Grower, please unmute yourself.
There they go, Cherry. It's unmuted.
Could you please state your name and spell for the stenographer?
Yes, my name is Julian Grauer, J-U-L-I-A-N-G-R-A-U-E-R.
Where are firm to tell the truth, the whole truth, and nothing but the truth?
Are you a neighbor?
Yes, I live exactly next door to them at 1610.
Please proceed.
I just wanted to say I'm supportive of this for a couple of reasons.
The main one is that I'd like to see young families stay in the city and stay on this block.
So that's why I'm particularly interested in this idea.
Second, it doesn't in any way impinge on our interests and rights.
The setback and the design look fine.
I should mention that across the street, there are all three stories.
and then on this side of the street there's probably three at least three properties that
have three stories so i just wish to support this proposal thank you thank you for taking
the time to close we appreciate it is there anyone else in the virtual audience
there are no hands chair planning commission thank you chairman and good morning david
Defecto F-E-C-T-E-A-U with the City Planning Commission.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir, I do.
Proceed.
Thank you, sir.
Chairman and board members, the comprehensive plan recommends no change to the RSA-5 residential single-family zoning at this location.
Chair, we have recommended in favor of the elimination of eight-foot setbacks when the setback would have rendered the third story unfeasible.
However, this is a 57-foot deep lot.
The appellant could accommodate a third story while still including the setback provision.