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Hearing video

ZBA Hearing - January 25, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jan 25, 20234h 58m

Okay.

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That is my presentation.

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Again,

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mr jane please unmute yourself and wait for the chair

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sir could you state your name please and spell for the court reporter

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Sure. It's Sanjeev Jan. First name is spelled S-A-N-J-I-V, and the last name is Jan, J-A-I-N.

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

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Yes.

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Proceed, counsel.

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Good evening, Sanjeev. Were you able to hear my entire presentation about your property tonight?

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Yes, I was.

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Okay. To the best of your knowledge and belief, was my testimony accurate and true?

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yes um would you therefore be willing to adopt it here as if it were your own testimony

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yes okay thank you very much questions from the board no mr chairman no mr chairman

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questions or comments from the virtual audience

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i see no hands here i have planning commission this um ryan bednar city planning

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uh this property is indicated for residential use on the city plan or adopted district plan

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recommends no changes to the existing zoning at this location the proposed subdivision would

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create two undersized lots per the fourth district overlay standards and not in conformity with the

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code therefore we recommend the request for it's not being random mr chair i just want to quickly

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reiterate in like literally one sentence that what we are creating may be undersized per

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this special overlay, but it is not undersized in the context of this neighborhood. These are

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completely average, in line with the block lots. They're 900 square feet. They are going to be

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completely typical Roxborough row homes. Okay, so did you say before, if the board votes,

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it's one page, I have two pages? Yes, I apologize. You're right, because what we have is one page

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this zoning plan and the other is a survey so you're right it's my 2022 004-949-4800-02 oval

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street i vote yes with proviso revised plans two pages stand by cba january 25 2023 thomas holliman

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My vote is no.

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Ishmael Shaheen, my vote is yes.

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Jim?

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With proviso.

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Okay.

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Jim?

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So either we lost it or we cut off, Brandon.

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What we'll do is we'll take this back into consideration.

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in an executive session, Jim will make sure he studies everything, then we'll re-vote it, okay?

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Would that be occurring? Well, I'll be blunt. Could that happen not at the 3.30 session?

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I think I have a conflict at the later afternoon week from today. Could it

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be at the 9.30 or the 2 p.m. session?

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Mr. Saverin, we vote the add-ons at either 9.30 or 2 p.m. because the 3.30 session does not

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start at a consistent time. Okay. All right. I will, I will be on in the morning next week to

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hear. Thank you. Well, this one, because it was an afternoon case, we will put it on the afternoon

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add-on list. Okay. Thank you very much, Ms. Emerson. Okay. Thank you, Brandon. Number seven,

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MI 2022-004-887-7211 Crescent Road. RCO letter, West Mount Airy. We have received the letter and

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it's a letter of support. Wayne and Lee Batches is the owner of applicants. It's a pro se.

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Chair, Leah Batches is coming back in as a panelist.

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Hi, could you please state your name and spell for the court reporter?

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My name is Leah Snyder Batches. It's L-E-A-H-S-N-Y-D-E-R. Batches is B as in boy, A, T as in Tom, C-H-I-S as in Sam.

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Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Right. Do you swear or affirm, tell the truth, the whole truth of nothing but the truth?

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Yes, I do.

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Yes, I do.

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So this application is for the erection of a roof deck above an existing detached structure for single-family household living.

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Size and location is shown in your application plan.

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A roof deck setback of five feet is required from an extreme front of the building, but zero feet are proposed.

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so uh our our vice chair just has a few questions for you okay so no problem thank you and could

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you do could you put your uh your your uh video on so we can see you please yes i i i meant to

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have my video on so just give me a moment and i will try it's okay it's okay yeah i mean i i don't

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and i'm not trying to hide from you i thank you for your time hold on one second i think this

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might do it there you go you're on you're not hiding anymore okay our vice chair has a few

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questions okay thank you good afternoon uh have you emailed all the exhibits that are required

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uh to this case five days in advance to this hearing we did email everything but i believe

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there were a few things that were emailed um fewer than five days in advance but i i i hope that i

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do believe you have everything now. Okay, thank you. Please proceed and share your screen.

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Okay, so I, unfortunately, I was unable to be at my desk today, and so I'm here with my husband,

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Wayne Batches. I myself am actually an attorney, but I appreciate your help through this process

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as I represent kids with special needs, so I'm not familiar with this hearing procedures.

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And with us also is our designer, Lauren Campuzano.

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And I wanted to request if she could actually share the screen, the presentation file that we sent via PDF, because unfortunately, I'm just not able to do that with the technology.

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So she can share the screen and you'll do the testimony.

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Correct. Yeah. Thank you.

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Ms. Campuzano, could you please raise your virtual hand?

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Sherry, she's coming back in as a panelist now.

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Okay.

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Hi.

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Hi.

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So what we need you to do is to just share the screen for her,

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and she'll do the testimony, and she'll tell you when to move back and forth.

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So you won't be testifying.

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It will be her, okay?

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Perfect.

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Okay.

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I'll put myself on mute and I will share my screen.

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Okay.

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That's very, very good.

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Thank you.

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Okay.

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Okay.

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Council, maybe make it a little bit bigger.

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Yes.

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And Lauren, if you could go to page five and we could start there, that would be great.

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so yes so this is our home at 7211 question road um this is our family home we've lived there for

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15 years we bought it in 2008 um we've provided the deed and the tax clearance and there are

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we're up to date with our taxes uh we live with our there it's just us just our family we have

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two children who attend philly public schools um we love mount airy and we plan to stay in the

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community for a long time. And so what we had proposed and sought a permit for, it's a little

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different than I think it sounds as described. So you'll see there, if you look at the front of our

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house, there's a front porch that has been enclosed and we are looking to put a deck on top of that

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porch. So it's not a roof deck in that it's on the roof, it's on the roof of the porch. So it's

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the second story. And you see there the three windows, those would become like a French door

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that would open up onto the deck. And really the reason that we are seeking the variance is because

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it's only about eight feet wide, which I'll show you in a moment in the plans. And so if we had to

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do a five foot setback, it really would have no practical use for us. And I think also would

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really affect the aesthetics um of the of the of the project um uh in comparison with other houses

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in in our our northwest philadelphia community in mount area and chestnut hill um so we're here

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today to talk about that uh first you know it's a little bit unclear to us whether the um the

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the statute actually applies but you know be that as it may we wanted to come before the board and

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do this properly so so that's where we're here why we're here um uh lauren if you could go down to

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why we're here um uh lauren if you could go down to page seven how much longer is this

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page seven

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even.

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i'm sorry um so uh so um so we um excuse me i'm sorry um so we are asking uh okay so here you can

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see what we plan to do here with the railing that comes right up to the edge of the porch.

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We're going to preserve all of the existing architectural detail. And we're asking that

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the variance be granted because, as I said before, it would be a hardship to us if we had to do the

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setback because it really would diminish the enjoyment and the use of that area. There's no

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neighborhood opposition in fact we've submitted and in this presentation file there are um

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there you know the west mountain area neighbors approved it six to zero and also we have some

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some letters of support from our immediate neighbors um there's no safety hazard and there's

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no there's no environmental concerns and also there's no infringement on the light and air of

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any of our neighbors. If you could go down to page nine of the presentation.

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So these are some other similar second story roof decks that we collected from the community so

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that you can see that this is consistent with other projects in the neighborhood. Some are new

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and some are older um and basically you know that's it if you have any questions like i said

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oh one thing that i really want to mention if we could go back to page seven um our house is set

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back almost 30 feet from the street so the the railing of the new deck will be almost 30 feet

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off of the street it seems to me that part of the purpose for the setback is to make sure that there

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isn't a railing or maybe things falling into the street and i just wanted to point out that that

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would not be the case in our situation so that's all and if the board has any questions i'm happy

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to take them and thank you so much for your uh for your time questions from the board no mr chairman

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no mr chairman questions or comments from the virtual audience

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i see no hands chair planning commission yeah on bed in our city planning the property is

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indicated for residential city plan we have no objection to the granting agreements thank you

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um by the way you sounded like a zoning lawyer if you're interested oh thank you so mi2022

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004-887-7211 Crescent Road. I vote yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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You have your three votes. Thank you.

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Thank you very much. We appreciate your time.

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Thank you.

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Is there anyone in the virtual audience whose 3.30 case has not been called?

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I see no heads, Chair.

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Thanks, everyone.

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Good job, Mr. Chairman.

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Good job, but we got a lot of work done today, so I appreciate everybody's helping.

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We're moving ahead.

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You know, that job in West Philadelphia, that new building is going to be another great addition to the University Science Center.

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Thank you, everyone.

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Good night, everyone.

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