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Hearing video

ZBA Hearing - March 10, 2021

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

Two, they talk about an extension of the fact that we have three rental units in the building

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they talk about an extension of the fact that we have three

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now, and this would increase that to two additional ones.

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And it would be another item that's part of the variance request is because it would be

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two principal buildings on the lot.

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And so those are the three items, the rear yard depth, two principal buildings, and the

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extension of the rental units. However, it's a very large lot. We're the only property on the

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block that meets the open space requirements after this development. So we still meet the

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open space requirement. And we also provide off-street parking. We're the only property

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on the block or across the street that provides off-street parking. So we conform to the

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requirement for all street parking and open space. Now, we did meet with the RCO. We have five

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abutting neighbors to this property. Let me see if I could get, let me try to open the photos here.

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this is our this is the building here that's the zoning notice

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once again this is our neighbor with 46 units here this is our driveway

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we don't see that oh you don't see yours always sees the elevation so oh i'm sorry

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what worries uh let me uh it's important that you see the photos so uh so you might

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unshare and then um reshare with that screen being highlighted

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do you see it now yes okay so uh here you see

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that our lot goes in the back in the driveway this is as you drive back into the driveway

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and this shows you our lot kind of bumps out to the uh to the east or to the west there i should

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say beyond that so it goes out and you can see we have a lot of open space and our our proposal is

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to build up and over this to this property line at this side. So we've met with the, we have five

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abutting neighbors. We have 4617 Regent Street, 4619 Regent Street. There's also 4623 Regent,

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which you cannot see beyond this side. And of course, 4612 Chester Avenue, who's our neighbor

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on the other half of the twin, as well as the Berger group that owns the 46-unit building here.

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We've met with each of the four more residential abutting owners, and we do have, although they've

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never testified before the RCO, we do have support from our 4612 neighbor and from Ms.

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Mohammed who is at 4623 region the 4619 folks and 4617 folks are very opposed to it they say that

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this building is going to take away their you know light and whatnot even though we're on the north

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side so uh so that's that's the that's the issue there the 4619 parcel is actually a non-conforming

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parcel they do not they're supposed to have a nine foot rear yard lot they only have five foot at

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certain parts of their area. So that's the nature of the, that's the nature of the project.

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Ben Skiver? Yes. Do you happen to know what the height of 4619 Regent Street is? Well, our garage

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is about 11 feet. I would say that 4619 is going to be probably around 24, 25 feet. Your proposal

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would be 32 feet well our original refusal was the the allowable height in this uh zone is 38 feet

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and that's what we originally submitted and we just we uh determined to take it down to 32 feet

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because we think we can still construct uh our carriage house there at 32 feet now one of the

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one of when we met with the rco initially we had that reduced height shown on the plan

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and but we are uh if i can open the plan up to show you that part the uh we had a a terrace

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in the back area can you can you see the plan now yes yes oh okay good all right so i'm getting the

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Yes.

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Yes.

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Oh, okay, good.

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All right.

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So I'm getting the hang of this thing here.

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hang of this thing here.

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So you can see this area back here was going to be a terrace area, and it allowed us to

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keep the rear along the rear property line to keep it lower and also to get some southern

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light in through these windows in the back side.

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and the neighbor the neighbors at on region street were very concerned about the noise and

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privacy and all that sort of stuff so we eliminated the terrace and that's the change that we made

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to present this to you now as far as the proviso goes we did not present that to the rco and we

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don't consider that a substantial enough change to when they when they told us that unless you

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made a substantial change we don't see that you know bringing it back is going to change our

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opinion so uh i said okay so you know we're going forward and we wanted to get your opinion of it

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uh based on where we are once again you know we meet the open area requirements of the of the area

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unlike any other any other property on the block frankly uh no other property make it meets it and

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uh so the bottom line is is you know we have this property and we we uh we want to try to enhance it

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and uh and that's we think that this is a better in a in a certain sense you know from my opinion

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a wall is a better way to separate from your neighbor than a fence if we were to you know

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use that area in the back

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you know

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more with more

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use than we have historically

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in the past

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so

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I guess that's

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what happens

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with the parking

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you still have the off street parking

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yeah we'll still be parking underneath

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the garage house will accommodate

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was it two cars

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uh well actually we're going to be able to accommodate three cars three outside and then

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in the garage this this little piece here is a kind of an odd part of the property it juts east

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so that's part of our property that goes over that way and like i said there's there's no no

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one on the block either side has any off-street parking you know yeah so um we don't think we're

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we're not changing anything on the streetscape as far as chester avenue goes you you probably

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won't even know that this thing is back there now we are going to be abutting the property line in

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the back against two neighbors and uh i did i did did talk to the one neighbor in the back there

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that supports it but unfortunately she is uh being treated for covid in the hospital so she

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cannot cannot appear today to support it and my neighbor at 4612 they're both academicians they're

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teaching at some university somewhere I mean to ask them to try to accompany you know to appear

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here is was frankly a hard one I didn't want to do that but if the board you know would look

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favorably upon this if I had some letter of support or some affidavit from them I'd be happy to get

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that. I don't think that would be a problem. But I know the neighbor, you know, the RCOs opposed.

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They wrote a letter. They pulled all the attendees and no one supported the project.

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They were concerned about noise being generated to the rear neighbors and maintenance of the rear

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wall. They didn't seem to object to the use. They didn't say anything about the use. So

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I don't have that. And obviously, I think Mr. Goodman made his comments. I guess the council

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person is going to support the comments of the RCO. Aside from the two houses on Regent Street,

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I think it was 1417, was it? Or 1416? Can you bring that up again, please?

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Yes, yes. Hold on, I'll get the photos. Okay, here we are.

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Yeah, 1417 and 1419. So at the meeting, there was opposition. Aside from those two,

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where were they? Where's the other opposition coming from? Do you know?

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Oh, I don't know. No. Well, it was whoever, frankly, I don't know. I'm not I've never

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appeared before that group before. I don't know where they're from, you know.

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All right, fair enough.

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Questions from the board?

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No.

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No.

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Anyone else would like to testify in this case,

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please raise your hand.

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Chair, we have a Catherine Dowdle, Ms. Dowdle.

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Chair, we have a Catherine Dowdle. Ms. Dowdle, you can unmute yourself and speak.

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Good morning. Thank you for letting me speak. My name is Kathy Dowdell.

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My address is 1008 South Farragut Street, Philadelphia, Pennsylvania, and I'm here

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Ms. Dowdell, just to interrupt you a minute, please spell your last name.

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Sure. It's D-O-W-D-E-L-L. And first name is officially Catherine, K-A-T-H-E-R-I-N-E.

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Thank you. You swear and affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Okay. And your address again?

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1008 South Farragut Street, Philadelphia, PA, 19143.

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Where is that relationship to this application?

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Half a block away.

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Farragut Street sort of dead ends into Chester and actually I'm here representing Cedar Park

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Neighbors who was the coordinating RCO for this case. Very good. Thank you. Please proceed. Sure.

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Sure. Mr. VanSkyver is correct. The objections to this project were not use related and

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astoundingly not even parking related, this being Philadelphia. The primary objections were that

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the proposed project sits on the property line. It was not only the neighbors behind on Regent

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Street who were opposed to that, but there were several other RCOs present at the meeting,

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all of whom voted against this project. The concern was that, frankly, we did not understand

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where the hardship was. This is an existing condition with a small garage on a property line,

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But to exacerbate that by now putting occupied space directly on the property line, we just did not understand where the hardship was.

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Mr. VanSkyver is correct. The site is larger and more open.

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He is certainly free to reconfigure the existing building or to do other things.

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But we did not understand why building on the property line represented a viable hardship.

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The Regent Street neighbors were primarily concerned with, yes, loss of privacy, with having

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neighbors in the case of 4619 Regent. The back of the garage is only six feet away from

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the corner of that property. The people at 4617 Regent were likewise concerned that people could

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look into their second floor windows, that just the proximity was really the issue.

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And then the other question, which is not really the zoning question, but if that rear wall is

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right on the property line, how then does the owner maintain it without needing to access

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those adjacent properties? It just did not seem like a good case. One RCO member did express a

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concern, as Mr. VanSkyver stated, you won't even know it's back there. That is true. And in the

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case of getting a fire engine back there or an ambulance back there, there was concern about the

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width of the existing driveway. There's a reason that the Planning Commission does not want to see

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more than one building on a single property. So we felt that those were really the much more

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compelling issues here. I know that one of the neighbors is on the call, Mr. Tim Peterson, who

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owns 4619 Regent. And that's all I have to say, but I'd like for him to get an opportunity to

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speak if he has his hand raised. Thank you very much. Thank you for your testimony. Anyone else

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would like to speak? Please raise your hand. Chair, we have Eric Sample. Mr. Sample, you can

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unmute yourself and speak. Morning, Mr. Sample. Please identify yourself with the records by your

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last name and provide us with your address good morning my name is eric sample s-a-m-p-l-e first

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name e-r-i-c the address is 4617 region that i reside at and and do you swear and affirm to tell

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the truth the whole truth and nothing but the truth yes i do thank you sir please proceed

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yes i i looking at the revisions that uh mr uh van skyvers brought forth now we do see that the

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balcony has been removed that does offer a little more privacy as opposed to people looking over

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into your yard but there is still the concern of it being on the property line and just as mentioned

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earlier if there were any issues with that wall they're going to have to gain access to our

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property to get to that wall and that's still a concern there was a question off or there was

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suggestions offered earlier previously i should say where there was a question of why can it not

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be moved further back from the property line i understand it from a construction perspective

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Mr. VanSkyver said that there was going to be a lot of issues there, but once again, with it also being on the line, I still see that as a lot of issues there.

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mr van skyver said that there was going to be a lot of issues there but once again with it also

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Not to mention, during the process of the construction, the noise that we as the residents there, as far as Tim and myself, that's going to be constant noise all day from them building right there because they're literally right in our yard.

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So, I'm still against it.

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at least if it can if it can be moved back then maybe i can agree with it but as of right now

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i'm against it okay thank you anyone else would like to testify

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chair we have andrew goodman mr goodman you can unmute yourself and speak

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mr goodman good morning again you're still under oath from earlier please please identify yourself

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Good morning. Andrew Goodman, G-O-O-D-M-A-N, here representing the Office of Third District

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Councilmember Jamie Gaudier. Councilmember opposes the variance application as presented

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this morning. As has already been said, there was near unanimous opposition during the vote at the

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RCO meeting. What this application proposes to do is convert a rear garage into a structure that is

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almost as big as many of the structures at Front Chester Avenue, but without it actually

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fronting a street. I would also question the characterization of a carriage house as being

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appropriate, since my understanding is that carriage houses are traditionally one story tall,

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not three stories tall. So this proposal significantly increases the scale of the

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property and by doing so brings the rear yard depth down to zero feet, bringing this new

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structure dangerously close to the homes that they share a property line with, hence the refusal for

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rear yard depth there is still a perfectly economically viable property here otherwise

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as it currently exists so we don't see any physical hardship financial hardship or justification for

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this type of build therefore we ask the board to deny the variance as requested here this morning

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thank you you anyone else yeah we have a timothy peterson mr peterson you can unmute yourself and

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Good morning, Mr. Peterson. Please identify yourself with the record, spell your name, and provide us with your address.

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Good morning. My name is Timothy Peterson, P-E-T-E-R-S-E-N. I reside at 4619 Regent.

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You swear and affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you. Please proceed.

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um i'm very strongly opposed to this um this a massive building um six feet from uh

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my my daughter's bedroom window um you know the and any any problem that have happened with it

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like a fire or something like that just terrifies me um it's right on my property line uh i don't

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know if they're planting windows in the back, but I mean, I can hear sometimes residents in that

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building, the building he owns that he does not live in from time to time from, you know, 25 feet

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away. I can't imagine, you know, having a sound issue with somebody that close. It would, I would

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probably sell my house and move um yeah i don't i don't understand why you need a another building

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there you already have three rentals that you know you're renting out uh why do you need two more i

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mean this is uh i understand there's these you know old uh very large apartment buildings uh

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in the neighborhood um but you know this just seems you know like total lack of consideration

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for everybody uh around you know it's strictly you know um a business um that's going to affect

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us it's just you know i feel like um the lack of consideration is okay understood thank you

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No problem. Thank you very much.

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Thank you. Anyone else? Something new and different.

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May I respond?

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Yes.

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Mr. Chairman?

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Yes.

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Oh, okay.

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Well, Mr. Chairman, I'd like to respond to a number of the comments made.

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