civus
Hearing video

ZBA Hearing - March 10, 2021

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

that, but I'm just, the reality

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is it's not unusual. No,

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but it's a particularly narrow street.

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I mean, it's 11 feet

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wide.

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You and I

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They both know a legal parking space is 10 feet.

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Go to the 1800 block of South Watts Street in Philadelphia and you'll see what I'm talking about.

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Anyway, thank you for your testimony.

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Is there anyone else?

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Anyone else would like to testify in this case?

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Here we have Hillary Langer.

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Ms. Langer, you going to meet yourself and speak now?

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Hi, Ms. Langer, good afternoon.

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Please identify yourself, spell your first and last name, and provide us with your address.

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My name is Hillary Langer.

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I am the chair of the East Falls Community Council Zoning Committee.

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Spell your first and last name, please.

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Hillary, H-I-L-A-R-Y, Langer, L-A-N-G-E-R.

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And I live at 3567 Indian Queen Lane in East Falls, just around the corner from this development.

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And you swear and affirm to tell the truth, the whole truth, nothing but the truth.

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I do. Please proceed. Can I get myself on camera and present an image? Yes.

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I don't see the camera option. So you're just going to have to.

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Sir, can you try to hover along the bottom of your screen and see if you see the green share screen button?

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He's not promoted. Oh, I'm so sorry, Tanya.

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So, sir, are you going to present a picture that you're...

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Yeah, no, I'm going to present a picture across...

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Sir, I'm asking a question, okay?

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Are you using the device where the picture is on?

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Sir?

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Yes.

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Okay, so then we'll promote you to panelists,

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and you can use that to present on the screen.

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Okay.

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he's been promoted to panelists

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someone has an open mic with babies in the background

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that's our co-host sir that's her daughter

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oh okay sorry for the inconvenience no babies all right no problem

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Sorry, it looks like I got muted.

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Can you hear me now?

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can you hear me now yes you uh you testified at the first hearing uh yeah but i i didn't get

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Yes.

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You testified at the first hearing.

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Thank you.

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through yeah but no i thought someone presented the same uh aerial photo uh aerial view that

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you're proposing now right this is uh different it's had more information and i do want to be

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very clear this is not a measured drawing okay all right thank you it's not meant to be representative

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it's google shots by definition it cannot be so it is just a uh information of uh what's there

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um the how the building is going to be situated right across the street in the back of all these

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homes uh some of the local residents here uh on the line here have given me their property data

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They're 24 feet to the roof line, 22 feet to the roof line.

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They have 1,500-foot plots, lots with single-family homes.

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Some of them here are 2,000 square feet.

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This street does not have the benefit of protection by an NCO,

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which would have enabled us to negotiate some of the daylight

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requests that we had on the street. This is an accurate drawing. It is calibrated

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and drawn accurately. This is Mike Whiter's house across the street with a 24-foot high parapet.

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This is their proposal to bring their house down to 37 feet to a parapet.

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At that point, they did not want to provide any further concessions, either relating to a glass picket or a setback,

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which is typically something that you have to do in an NCO on such a narrow street.

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so the overwhelming census of the neighbors is to go to a single family dwelling now

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but i do want to point out a couple more things the street is 11 foot 6 wide

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there's a right-of-way this is all from the development plan there's a right-of-way here

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which is four foot three off the curb and their actual building is proposed to be four foot three

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on their right-of-way from the curb, according to their plan. So this makes this, I'm actually not

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sure the minimum width of a sidewalk, but it's a narrow sidewalk. And they're also proposing within

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their plans to build a light well, which would go pretty much up to the curb. So this actually

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compounds the parking issue even further. So I don't know if you can see this. This is one vehicle backing out of an open parking space onto the sidewalk.

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These are the cars that park outside Mike's and Farhan's homes. This red line here is where

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the face of the proposed building is going to be built. So any garage here is going to be even

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closer to the curbs and any parked cars on the sidewalk. So you're going to see more of this

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And it's actually going to be worse than this because the building line is close.

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Next shot, Mark Wildstein had spoken about his rental units.

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This is the back of the garages.

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And the actual property line is over towards Mark about another foot or so.

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so the seven you know their original scheme came up 42 feet right straight up they had full build

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out to the full lot lines we said we'd rather see two or one home on the lot with the expectations

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that with two we could really negotiate on heightened setback that really didn't come

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and meet the needs of addressing daylight.

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So this is the situation in the back

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and the hardship that is going to be caused

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with any kind of dwelling here.

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This is further down Division Street,

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not relevant to this project,

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but it's typical of the kind of hardships

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that are caused by the zoning code without an NCO.

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the zoning code without an NCO. So having said all that, we've come to the conclusion

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So having said all,

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and the neighbors are unanimous that they would like to see a conforming single-family

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house on this lot that meets lot size requirements and without a garage because the garage

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at this close to the curb

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and with more than likely a light well

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coming out to the curb

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which would be a feat of engineering

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trucks, full-size trash trucks

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passed down this street

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so that's going to have to be heavily shored

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so the overwhelming

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opinion of the community

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is that this should be a conforming single family

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thank you so correct me if i'm wrong based on what you're showing us now if it was just a

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single home as opposed to two would the property line issues still exist

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uh yeah the the house is still going to go up at four foot three from the sidewalk

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mr chairman if i may um our massing is actually coming in at below by right in the revised plan

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because we're not building to the full building height if we were to build a by right plan

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we could go to 38 feet to the roof line which would be even more of a issue i would imagine

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for the neighbors than is currently um so massing is actually coming in at below what we could build

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as of right. I missed a part of the last of that because you it sounds like you're in an echo

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chamber. Yeah sorry our conference room is quite large. Just our massing is actually below by right

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as of right we could build from property line to property line and then 38 feet high.

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Right now we're only building to 33 feet six inches high to the roof so what we're proposing

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is actually below what a guy right would look here understood and is that an accurate description

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which what we're looking at now that the property line would be four foot three inches from the curb

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uh not to my knowledge no um uh if uh to my knowledge that is not an accurate description

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i didn't draw this plan i this is the first time i'm seeing it so um we're gonna i can't

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you have an architect or somebody somebody could speak to that

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like from the curb line back what is the what would the side the width of the sidewalk be

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under your proposed plan it's shown on our revised plan as uh three feet wide

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it would be less than what we're seeing now

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no it's four foot three excuse me it's it's four foot three wide i can't read uh this what

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what mr langer's dimension say uh his say four foot three that's what i'm at so he's it's correct

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then the property line would be four foot three from the curb line

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I have a question, Mr. Chairman. I'm not clear on, aren't there existing garages?

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Yes.

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Are they tearing it down and building new ones?

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That is correct. It is an existing garage with three bays and we would be demolishing

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the existing structure to erect the new homes.

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It looks like from the picture, the sidewalk is much more than four feet.

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It does.

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Why can't you build on top of the garage?

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You use the garage as the ground level, right?

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Correct.

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Correct.

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i mean to tear down the garages and move it out look like three feet i don't get

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the logic behind it i i believe that there's confusion here because the it

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because my understanding is that the existing garages are in fact

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on the property line um however and we're recessing the garages one feet inside the

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property line as well yeah mr cute and mr putera has informed me that the garage doors are going

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Doors are going to be recessed inside the property line, one foot.

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to be recessed inside the property line um

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At this present time, I do not believe that this current curve is actually at the edge, is at the edge of where the...

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The red line is where the proposed window wells would be.

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then it does shrink the it would shrink the sidewalk down so this is an accurate description

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correct of what would be so the red line would be the proposed um extension of a

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excuse me excuse me could you just spell your name before you speak sir thank you i'm sorry

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Jason, J-A-S-O-N, Q-T-A-R, C-U-T-A-I-A-R.

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And I'll swear you in.

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You're swearing the firm to tell the truth, the whole truth,

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nothing but the truth.

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I do.

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Thank you.

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Please proceed.

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Thank you, Sharon.

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So, yeah, just to clarify this picture, so taking it in effect,

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which I believe the turning radius was approved by the streets department

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beforehand, but as well as not only would we be widening the existing garage doors to help

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any potential car just making the turning rate easier, we're recessing the garage doors

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from the current property line in 12 inches to even further help, you know, any turning

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rates concerned by, you know.

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Excuse me, counselor.

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Excuse me, counselor.

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Do you have a site plan?

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Yes.

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Can you put it up on the screen?

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At present, I am not able to share my screen while Mr. Langer is sharing his.

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Mr. Langer, do you have anything?

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Okay, thank you.

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Thank you.

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Can you enlarge the site plan?

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just a little more

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is that large enough or would you like it larger

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that looks good just a little bit so i can read the numbers

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so you're proposing three feet ten inches

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uh i'm sorry mr holliman can you repeat the question looks like three foot even than me

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okay so that's proposed egress well grade per per code um you need three foot clearance

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oh you you're putting why are you putting egress windows the floor plans have the living below

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grade uh yeah there is a living space that's below grade so there's um egress walls that

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are provided in the front and in the rear.

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Someone mentioned, I think your client mentioned that the garage doors would be set back.

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yeah that doesn't do that does i understand why you're doing it for the

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turn-in but it really doesn't do anything to the property line

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correct i believe the point that just got a little confusing prior thinking that we were

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trying to extend the property line on the sidewalk which we weren't you know just with

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the neighbors comments um about cars turning out so that was just a kind of clarify yeah understood

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and at a point in time i would just like to note that our lot is only um 35 feet six inches deep

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so to have a co-compliant rear yard and also set back the front um would create even more of a

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squeeze in terms of the depth of the homes but also that um setting the homes back from the

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property line depending on how far the neighbors are proposing would create might create an additional

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um be neighbors or for prison or it might create an additional marriage

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counselor i understand what you're trying to do

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but the sidewalk is not big enough to put egress windows in

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we can eliminate those that's that was just proposed

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you need three feet for the egress and you need another three feet for the walking pedestrian path

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correct i mean we're here talking about it they were preliminary proposed e-press wells

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we'd be happy to revise the pants again to eliminate the e-press

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thank you

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any other questions before we go back to the public comments yeah I want to know where where

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would if there were no garages where would people where do people park other than on the sidewalk

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there's only one car on the sidewalk and then there's a car that looks like an escalade

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there's further down the street if you look Carol there are multiple cars on the sidewalk

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