Counsel, please proceed.
Good afternoon, Mark.
Did you hear my testimony just now?
Was it accurate, and do you adopt it as your own?
I have nothing further pending.
Any questions?
Questions from the board.
uh yeah you mentioned that there there's a direct walk out from the basement to the rear yard but
the plan doesn't show that is that a revive another revision to the plans or am i missing
um i mark can can you comment on that and or should i call the architect in
yeah you can ask shang to hop on for that
i heard him raise his hand
i'll be coming back in as a panel shortly okay thank you what's his name
it's uh hs shang is pronounced shang pronounced shang okay but it's h-s-i-n-g
hi can you hear me i can could you please state your name and spelled for the stenographer
Yes, my name is Xin Yuan Chen, H-S-I-N-G-Y-U-A-N, last name C-H-E-N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
Could you please address the board member's question, Mr. Johns?
Yes, respond to the front egress original that was on the original design and when we submit to
the previous building permit. We do have the egress well in the front for the family room.
However, to respond RCO's comment and we redesign the front facade and then we remove the front
egress well and we put the entire uh wall with the property west of the porch and then to align
with the jason neighbor and that's why we changed the egress well to the windows you can see the
the front facade the small window below the uh the porch deck so so does the big stuff so the
in the new plan does the basement extend under the porch uh not not basement under under the
porch but we just leave the window there if you see the section yeah the section here you can see
uh the the couch for the family room but but we just put the the window below the deck
But we just put the window below the deck, not extend the basement fully out.
I see.
So they're just windows.
So they're not an egress window.
They're just windows.
They're going to be a dark room with the porch over top of it.
But what I thought I heard the attorney say was that there was a direct walkout from the bedroom to the rear yard.
That's what I understood him.
uh the rear yes the rear yard there's a bedroom yes no no is it is there an exit uh out of the
rear yard well we do have egress well right so that's what that's what i did so the egress well
there's not a direct access out like a stairway that goes up to the yard uh correct okay
yeah i have a question so um i know that um there's some opposition with some of the neighbors
um do you have support from the two houses that are um immediately adjacent to the parcel
mark are you aware uh i would say no the the woman that at uh first requested uh to be on
the call uh she's 51 14 and then 51 10 uh didn't show up to the first rco but they came to the
second one um but uh their um comments were um i don't know how to say this not not kind of not
related to the build just different things they were saying i got a little out of control but
no i would say um no and are there any other three-story uh houses on your side of the block
Yes, I need to go to the Google's preview.
I'm not sure if I can share my screen.
Well, your testimony, tell us what you see.
Is it 5122, Mr. Chen?
Is that what you're looking at?
Yeah, so this was a duplex approved by the board.
I don't see when, but I'll bring it up.
That's the corner, right?
Yeah, not on the corner, though.
No, it is not the corner.
All the other two-story houses are to the left of this
house, correct? Yes. Thank you.
Other questions from the board?
Questions from our attorney? No,
Chair. Questions or comments from the audience or the virtual audience?
Yes, Chair. I have a Todd Shalvey.
Todd Shalvey. They'll be coming back in as a panel shortly.
All right.
And it should be Todd Chevelli, excuse me.
hello everybody i am not involved in this case um i am involved i believe in the next case
well thank you very much
is there anyone in the audience
relative to this case
I have a handle from Velvet
I have a Michelle Payne's hand up
I'll start with them first
excuse me
any hand
who is it
Michelle Powell
hi hi michelle yes that's me right i've already swore you in i understand you're a neighbor
if you can could you please turn your video on oh sure
thank you michelle could you give us your comments on this case sure um i i have a lot
um i'll try to get through them quickly um i'm the adjacent neighbor at 51 14 willow's
I'm the adjacent neighbor at 5114 Willows Avenue. Obviously, like you said, it's a freestanding detached two-story home, and I'm objecting to this variance in this development.
Avenue.
From the outset, I'm concerned and confused. I'm not sure how we arrived at this point procedurally.
I understand that mistakes were made on the front end with L&I, but the very first line of the Philadelphia Zoning Codes table of building types that are allowed in this district, it lists attached structures as expressly prohibited in RSA 1, 2, and 3.
and this is an RSA 3. And that's under the use provisions of the code, not the dimensional
provisions of the code. So I'm just not, I'm really confused at why this is not an expressly
prohibited structure. My understanding is that they're just not permitted at all in this zoning
district. And the code is very specific side yard requirements described throughout it with
explicit charts and figures that show all of the combinations of circumstances, but there are none
at all that exist for lots in the RSA 1, 2, and 3 that are detached homes, or that are, excuse me,
that are bounded on both sides by a neighboring structure. So this application is looking to put,
take two detached homes and attach them, and then construct a three-story structure that doesn't
just change the dimension of the side yard but it takes it out all together um and like i said
honestly i've been confused about the nature of the refusal of the variance because it seems like
it is offering relief from a prohibition that is just completely fundamental to the district
definitions here um and that's that's the legal part of my argument um but i have others um
Why don't you give us what you're what you're why you're against it. Please tell us that.
So aside from the fact that I think it violates the code and it makes the code mean mean nothing.
Well, you've said that about the code, but give me the other issues.
So, OK, so this is a short, wide block. It gets a lot of foot in car traffic. It gets fire truck traffic.
It's a connector from 52nd Street and Baltimore Avenue. All of the buildings on it are built at about the same time, 100 years ago.
there are two different districts um on this block this side is rsm or rsa3 the other side
is rm1 um the block was zoned this way for as far back as i've been able to to check the code
um even on the on the north side there are like modified side yards in the back there's sort of
those u-shaped dog ear space um i don't know how to say it a side court that um is not part of this
building um and except for the the two three-story buildings on the block there's the one that you
saw that's not quite on the corner but it's just beside the fire station and there's one on the
other north corner um there are let's get concentrating on why is it you're against it
Don't describe. Tell me why you're. I'm describing because it's it's really relevant to why it doesn't fit the character of.
All right. So you're saying this building doesn't fit the character, right?
It doesn't fit the character. It's not within the general welfare and the public health.
We've been working for years on putting together on clearing out portions of the lot and planning perennials.
If you could see, I submitted some pictures. There's a blooming perennial garden there. The neighbors want that. I think they all wrote letters. This has never been used this way historically. In the history of Philadelphia, it's never had a structure on it.
And the zoning code has updated that and updated that and never changed it.
I don't think they've made a case for the minimum variance requirement.
I don't think they've made a case for a hardship because they bought the land this way, knowing that it was narrow and that it would have to attach two detached structures, which it's not zoned for.
I mean, I have other reasons.
i submitted comments online um i tried to list all of them i submitted pictures okay um and i
know that velvet who is here is the other um adjoining adjacent lot and she would like to
be able to comment as well we appreciate your viewpoint we thank you for taking the time let
me move on to the other neighbor okay yeah and i we understand where you are okay
i need more hands up yes velvet how will be promoted shortly mr chair
Yes, Velvet Howell will be promoted shortly, Mr. Chair.
Hello.
Hi, could you please state your name and spell for the stenographer?
My name is Velvet Howell.
Could you spell your last name, please?
H as in Henry, O-W-E-L-L.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
I understand you are a neighbor next to this parcel here.
Are you in favor of this project or against?
I am against.
Could you give us any reason that hasn't already been said?
As what Michelle, my neighbor, has stated, based on the codes, there's no breezeway for the sides.
That house has been always a detached home.
It's now at no choice of my own.
If that build becomes now, that it will now be in an attached home.
I am worried about them building a home on that lot where there's never been a build before.
and the foundation of the other homes based on the ages to crumble down.
That lot has been, it's not a sore eye.
It has been utilized for, as what Michelle said, a beautiful garden, and it's been well taken care of.
And I feel as though some of the coding has been dismissed in regards to, I think the last meeting I was on, Mr. Consul mentioned it.
I missed the first one, but I did attend to the second one.
And they were stating about how are they going to take trash out?
There is everyone has that side breezeway where you can leave your garbage and take it in the morning.
But if you're going to leave it on the porch, you know, or are they going to take it through the home?
There's so many different variables that are there that we have concerns about.
Right. Thank you very much for taking the time to call so we understand your position.
Is there anyone else in the audience?
Yes, Sean Markovich.
I will promote on the panelist right now.
How many more hands do you have, Jason?
Just this one.
Hello.
Hello.
My name is Sean Markovich, S-H-A-W-N, last name M-A-R-K-O-V-I-C-H.
I'm actually here.
Hold on.
Hold on.
Oh, sorry.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Are you a neighbor?
Could you tell us your position in this case?
Right.
I'm here representing Cedar Park Neighbors.
The RCO assigned this case.
Are you in favor of this project or against?
Cedar Park Neighbors does support this.
I want to make one important notation because I felt it was misleading in the beginning of the presentation.
the um initial plans that were presented to you did show the original front facade with the full
three-story and that is not at all that was agreed upon i did see the provisos but i just
want to make sure that that is not submitted that front facade with the full three-story is not
submitted um because i felt it was really confusing to see those presented here today
that was that was my mistake sean i i apologize for that i brought up the provide the revised
plans after that but that was originally my mistake right i did see the revised plans thank
you because it does i just want to make sure that's absolutely clear um and then i take full
credit for that okay thank you um and then i did also want to note that um the third floor is allowed
by right and it would i understand neighbors concerns about having a three-story allowed by
right on a block that is predominantly two-story with the exception of the one but that is what
the code has given us and we can only make the best of what we have with this code so the code
allows a full three-story right up against the front of this streetscape by right and as much