civus
Hearing video

ZBA Hearing - March 10, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 10, 20215h 3m

of councilman maria canyona sanchez room 508 city hall um i would we would like to request

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a continuance for case number mi20200007102843 north water street um this is their third listing

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and they have yet to meet with the uh coordinating rcl thank you sharon do we have any exhibits

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we do not and it is the third listing yeah so okay mr folks what we're going to do is dismiss

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this case so mi 2020 that's 000 710 2843 north water street is dismissed

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thank you sir have a good day you too dismissed dismissed dismissed dismissed

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miss anyone else requesting a continuance or withdrawal please raise your hand

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there are no hands at this time chair thank you um i have a clarification for mi 2020-002561

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100-02 West Ashdale Street. The Board voted this, voted last week to approve this case

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with provisos, including a proviso limiting the variance to a two-year period. We'd like

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to now clarify that the temporary variance will expire April 1st, 2023.

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And we now also have a resumption hearing for MI 2020-002-459-3445 Division Street.

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And I want to apologize personally to Ms. Alderfer.

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I mistakenly closed down the hearing.

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I think I wouldn't see her hand or whatever, but I apologize for any inconvenience to you.

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and the folks who may have been waiting on the call.

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Carol?

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Chair, if we could confirm that the vote taken last week is vacated.

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The record is reopened for this resumption hearing.

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Noted, thank you.

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Is this the resumption hearing now?

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Yes.

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Calendar number 2459-3445 Division Street.

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Madam Vice Chair, we have a mic.

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Looks like Whittier with his hand up.

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I don't know if he's the attorney or the owner.

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I just saw Sarah.

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No, it's Sarah Alderweire.

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Okay.

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Oh, Sarah.

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Hi.

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Hi.

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Can you put your name and address on the record, please?

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Yes, Sarah Alderfer, S-A-R-E-H-A-L-D-E-R-F-E-R, 1500 JFK Boulevard, Suite 800, Philadelphia.

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I'll swear you in again.

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Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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i do have you emailed the exhibit packet with the required documents

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Have you emailed the exhibit packet with the required documents?

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yes you may proceed before you begin sarah is the sonographer able to hear

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are you able to hear mr otherford yes so far so good thank you thank you great

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Thank you, Mr. Chair and the Board. I appreciate the Board's working with us on this issue and

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getting us rescheduled for today's hearing as soon as possible so that we can continue.

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By way of summary review, since this is a resumption hearing, I won't go through

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everything from the beginning in deference of time, but just so that the Board

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to remind the board as to where we are in this matter

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we are the developers of 3445 division street which is in the east falls neighborhood of the

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city we are coming here today with the proposal of one page of revised plans and our revised plans

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were done in order to accommodate comments made by the community at the first meeting on this matter

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and then there was a second meeting where we presented these revised plans to the community

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and just to give a rundown as to the main changes we revised the plan down from the proposed three

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units down to two units we increased the size of the proposed rear yard from zero to seven feet

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we changed the we brought down the overall height of the building and is now below a by right height

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we we moved the pilot houses to eliminate the pilot house refusal so where we have originally

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had four refusals on this application we are now proceeding with only two refusals one for the

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front access parking which is not which is prohibited in the rsa5 zoning district and one

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for the size of the proposed parcels. The minimum lot area in the zoning district is 1,440 square

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feet. Our original proposed lot area was 603 square feet, and we have increased our proposed

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lot area from 603.5 square feet to 905.25 square feet. In terms of the size and characteristics

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of this lot. Scrolling down to the photos, let me just zoom in a bit. The property presently exists

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as a non-conforming one-story garage, and we are proposing to demolish the existing

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non-conforming use and structure, which encompasses 100% of the lot area, and replace it with these

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two houses. The lot is unique in that it is the only lot on that side of Division

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Street which is not a through lot to Sunnydale Avenue back here. So to scroll

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in on the zoning maps. Our lot is here and the remaining lots on this portion of

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Dividend Street which is not a through street it's a dead-end street are go

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through to Sunnyside Avenue whereas our lot does not. In addition our lot is

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49 feet and 8.5 inches wide but only 35 feet six inches deep which creates limitations in terms of

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developing uh what would be one single family home here we met with the community as i said earlier

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on multiple occasions um since the last hearing to update the board we uh we attempted to reach

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out to the community because we made committed to compromise. However, we were not able to reach a

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compromise, and the RCO, East Falls Community Council, informed us that what they originally

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supported a two-unit plan, but they stepped back third floor. They were now unwilling to support

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two units and would only support one unit, and I have submitted to the board, which I'm showing now,

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on supplemental exhibits. The first exhibit is posting photos for today's hearing to provide notice which were posted on

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photos for today's hearing to provide notice which were posted on March 5th at the request of

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counsel for the zoning board and then I've included the second supplemental exhibit is the

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correspondence with the RCO in which they indicate that they are now no longer willing to support

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any sort of two-unit plan but only looking for a one-unit plan here. So I'm happy to answer any

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questions or go into detail further but you know in deference to everyone's time um my understanding

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that the assumption hearing was that we were going to you know hear more from your comments

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and listed anywhere in the meantime when we try to work out whether or not we can have a compromise

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here um so that's my understanding of the broad strokes of where we were the purpose of today's

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hearing. However, I would like, with me today is the developer, Jason Kater, but also on the phone

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is the principal of Newbrook Group, LLC, who is the owner. So I'm going to ask him to raise his

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hand and unmute himself so that he can adopt any statements that I've made. So Rich, if you could

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raise your hand on the Zoom or if you're on the phone by pressing star nine and then star six to

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unmute yourself. What is the person's last name? Bauman, B-A-U-M-A-N. Okay. Mr. Bauman, you can

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unmute yourself and speak now. Hello, can you hear me now? Yes. Good afternoon, sir. Please identify

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yourself for the record spell your full name and i'll swear you in thank you it's richard bowman

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r-i-c-h-a-r-d b-a-u-m-a-n do you swear and affirm to tell the truth the whole truth nothing

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but the truth i do thank you miss uh albert fair thank you um mr bowman um have you heard my

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statements today i have um and did you hear my statements in this matter at the prior hearing

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on February 10th? I did. Were they true and correct? Yes. Do you adopt the measure? I do.

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Thank you. I'll defer. Did I hear you correctly? Originally, you had three units. You're down to

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two. That is correct. Was that testified at the first hearing? It was. Okay. I'm just trying to

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refresh my memory uh 38 foot height you're removing the pilot house correct correct originally there

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were um three pilot houses one for each of the units now the pilot houses have are the half

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pilot house style which are which don't extend past the top of the route the parapet so if they're

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not visible from the street so they're technically there but they're set back from the let me just

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find let me just go to the floor plans where you can more easily see the elevation or the elevation

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but like you can see here on the elevation that you cannot see the pilot houses beyond the parapet

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line because the pilot houses are set back five feet from their rear but also um set down from

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front so that the top of the pilot house is even with the top of the parapet um and our total group

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height is 33 sets and with the three foot six inch parapet that brings the overall parapet height to

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uh 38 feet am i correct in understanding that these revisions that were proposed uh the

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community is still opposed to the project uh that's correct there's a letter of opposition

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at Exhibit 2 from East Falls Community Council, and I would imagine that there are neighbors

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here who wanted to speak in opposition as well. Okay, I just wanted to make sure that

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I had my facts straight. Any questions from the board? No. No.

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Okay, we'll now open it up. Anyone that would like to testify in this case,

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please raise your hand and give us your full name and address and then I'll swear you in.

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chair we have a mike whiter mr whiter you can unmute yourself and speak now

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uh hi please identify yourself full name my name is mike whiter m-i-k-e whiter w-h-i-t-e-r

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your address 3468 division street thank you swear and affirm to tell the truth the whole truth

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nothing but the truth yes sir please proceed so i live directly across the street from um from this

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property uh i don't know if i can share my screen here or not but i have a video um i have a couple

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um I have a couple of concerns um yeah I'm not I don't see any button to share my screen but my

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of concerns um

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main concern here uh is the garages um Division Street as has been mentioned is an 11 foot wide

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street um I have a video of a truck pulling out of the existing garages where he has to

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um actually back up twice in order to turn out of the garage uh had my trash cans not been on

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the curb that day he would have driven over my curb onto my sidewalk which is already broken

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and cracked from people driving on it because it's an 11 foot wide street and people park on

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the side of the street i don't personally park in front of my house because of the condition of my

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sidewalk. I have a driveway, but my sidewalk is demolished from cars pulling up on the sidewalk,

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pulling up on the curb. And it's going to cost me money at the end of the day. The other concern I

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have with the garages is that when you're pulling out of these garages, people are going to have to

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pull in forward. It's an 11-foot wide street, like I said. And when you're pulling out of the garage,

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you're pulling out blind backwards into this street dead-end street that people do fly down

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like you're talking it's a short dead-end street people still fly down 25 miles an hour

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okay so you're backing up into the street it's dangerous uh and two of those garages it's

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dangerous and and it's ruining my property sir i saw you just put your hands up in the air

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i know you don't necessarily care i do i paid a lot of money hey wait a minute back off

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Excuse me. I got it, Carol. Sir, do you know why I put my hand up?

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No, sir, I don't.

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Well, I'm sitting at a table in my house conducting these Zoom hearings, and I just want to kind of balance myself on my table.

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Okay.

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All right, sir.

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I'm glad you didn't follow.

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We do care. You don't know. I don't care. You don't know me.

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You don't know me either.

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All right, then talk about the case.

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Hey, sir, talk about the case. Let's go.

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my my problem as i said is with the garages my other problem as i've stated in the past

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is with you know with this being such a uh a narrow street a 35 foot building is going to

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block the light out from the front and the back i'm not going to have any light coming in the

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front windows of my house granted the sun does not shine directly through the front windows of

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my house, but any light is going to be blocked by those homes. And I know that my neighbors feel

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similarly, so I'll let them talk now. When you bought the house, you had no light shining in?

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Ma'am, when I bought the house, there was no building across the street from it, aside from

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this garage. And there was plenty of light shining in because it's not being blocked.

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The entire front of my house is going to be blocked by this now.

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That and the garages. Okay, gotcha. Thank you.

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Would you be opposed to one house?

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I would not be opposed to one house with a potential for a setback garage

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because I think a garage directly on the street is ruining my property and is dangerous.

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Anyone else would like to testify in this case, please raise your hand.

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And I'm about to kind of balance myself again, so please.

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Chair, we have a Mark Wildstein.

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Mr. Wildstein you can unmute yourself and speak. Hello can you hear me? Yes sir good afternoon

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please identify yourself for the record spell your full name and your address. My name is Mark

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Wildstein. M-A-R-K-W-I-L-D-S-T-E-I-N. Hold on one second sir. Sure. We're getting feedback someone

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has an open mic and I hear a bunch of kids in the background you can mute yourself that would be

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helpful. Mr. Wildstein, please start again, please. Yeah, my name is Mark Wildstein, W-I-L-D-S-T-E-I-N,

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first name Mark, M-A-R-K. I am- You swear and affirm to tell the truth, the whole truth,

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nothing but the truth. Yes, sir, I do. Thank you. Please proceed. I am the owner of the property

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directly behind these garages. I own three properties on Sunnyside Avenue, 3454, 56, and

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1958. The garages, to the best of my knowledge, were at one time part of the properties that I

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own, but were subdivided prior to my purchasing them. This is the only property on Division Street

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that is a buildable lot. I'm not sure how it became a buildable lot, but that's neither here

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are there this has got to be 30 it's over 30 years ago um my concern is uh one the fact that

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So one, the fact that Division Street, again, is an 11-foot wide one-way street, and it is near impossible to get in and out of that street.

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division street again is an 11 foot wide

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I don't know how... Mike, who lives across the street from the garages, I mean, suppose he put bollards up on his sidewalk, which I suppose would be his right, since he owns the sidewalk and is responsible for taking care of them.

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um now he's got to replace his sidewalks but if there were bollards there there's no way that

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they could turn a car into or out of the garage that is proposed for two homes it's just it's

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not possible the the the people that live on the street it's a dead-end street i don't know how

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people i don't even know how people turn around in the street other than to pull onto the empty lots

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that are part of the Sunnyside properties at the top.

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So, I mean, this is, it's not a hardship.

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It's a travesty to think that this thing

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could possibly be two houses.

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I mean, not to mention the fact that my properties

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will be impacted by the height, of course.

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But the truth of the matter is, you know,

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if it's done by right and you can do one house,

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there's nothing, I guess, you can do about it.

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but the fact is that lot is not big enough to build two houses by right and you know i i'm just

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a concerned i've been there 30 years do you reside in any of those three houses i do not

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they're rental units and my tenants have all called me and said all right and i know that

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has nothing to do with it right i appreciate i just want to know and uh yeah i'm very familiar

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with dead-end streets. I live in South

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Philadelphia. Right. And people

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literally back, and it's almost

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an entire block to get

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parked on those streets. They back in

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and they pull out. So, it's not

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unusual. I'm not suggesting

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that you accept

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