civus
Hearing video

ZBA Hearing - July 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 10, 20246h 23m

Yes, I have a question.

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Without the rooftop deck, how much outdoor space would be per unit?

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max do you have that number uh readily available the out the roof deck isn't

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yeah the so the roof deck is not an actual roof deck it's actually a

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um a setback from the third floor in the rear each home has at least a 30 foot deep garden or yard

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and then any other questions the pilot house right no no no no there's no pilot house so

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this is really not so instead of uh having a full third floor we have a half of a third floor and

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the back half of that third floor opens out onto a deck so it's not really a rooftop deck so the

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deck is in the rear the deck is in the rear okay thank you so the deck is on the second floor

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on the rear of the deck is the deck is on the is on off of the rear of the third floor

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all three of us right all three of the third floor so on the sorry when i on the second floor

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roof correct i have to pull up the plan for some reason it like makes my computer go crazy

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i apologize yeah it's not letting me

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so you come out the back of the third floor and you're standing on the second floor is that

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correct you're staying on the roof of the second floor correct

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these are all three bedroom units two bedroom units sort of they're all three bedroom two

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bathroom units and it's the only variation the only variation the unit is the width based off

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of a lot dimension i mean space in the basement i'm sorry what was that they're living in the

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I mean, space in the basement.

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I'm sorry, what was that?

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They're living in the basement.

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basement

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There is no basement.

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These are all slab on grade.

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Any other questions from the board?

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No, Chair.

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Questions or comments from our attorney?

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No, Chair.

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Questions or comments from the virtual audience?

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Yes, Chair, I have Jahad Ali.

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We'll be allowed to speak.

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Okay.

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Mr. Ali, state your name, please, and spell for this stenographer.

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My name is Jihad Ali, J-I-H-A-D-A-L-I.

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

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I affirm.

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Please proceed, Mr. Ali.

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Good afternoon, Mr. Commissioner and other commissioners.

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I just had a question.

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When the developers spoke, are they all affordable or is that mixed?

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These are all affordable.

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Yeah, these are all, every unit is affordable housing. And as I mentioned, is income indeed restricted.

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All right. Thank you.

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Thank you, Mr. Holley. Any other questions from the virtual audience?

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There are no more hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman. And good afternoon. David Fechter with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the RM1 residential multifamily zoning at this location.

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This is a proposal under the umbrella of the Land Bank's Turn the Key program administered by the Department of Planning and Development.

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The proposed non-conforming lot dimensions are consistent with nearby properties bounded by 9th Street and the railroad tracks.

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The Lower North District Plan also includes a recommendation to fortify residential blocks where homeownership is dominant by selling government-owned land for infield development.

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The City Planning Commission recommends that Zoning Board grant the dimensional variance for lot size and for roof decks.

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Thank you.

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MI 2024-002-531-1600-16 North 9th Street, I vote yes with proviso per refusal dated 7-10-24.

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Ishmael Shaheed, my vote is yes with proviso.

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And sorry, one more thing. And revised plans, one page, stamped by July, stamped by ZBA, July 10th, 2024.

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Okay, I'll re-say it. So Ishmael Shaheed, my vote is yes with proviso.

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Michael Johns, my vote is yes with proviso.

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Sonata Graham, my vote is yes with proviso.

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Iowen, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Thank you, counsel.

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Thank you so much.

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Is there anyone in the 2 p.m. list whose case has not been called?

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See, no handshare.

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We're going to take a five-minute break, come right back.

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We only probably have two more cases, okay?

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Thanks, everybody.

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Good afternoon, everyone.

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My name is Bill Bergman, and I will be chairing this afternoon's meeting.

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With me is our vice chair, Ismael Shahid.

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He's here. I see him. He'll be on any minute.

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Our board member, James Snell.

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Present, Mr. Chairman.

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Our board member, Tanetta Graham.

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Present.

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Our board member, Michael Johns.

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Present.

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Present.

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And our board member, Taya Nguyen.

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Present, Mr. Chairman.

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Also president is our attorney, Ryan McSherry.

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Let's look at our virtual format.

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Proceedings are being recorded.

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With your participation, you agree to be recorded.

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The video will be available by contacting Kathleen Grady, Deputy Director of Planning and Zoning.

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For our court stenographer and attorney, we ask witnesses to identify themselves before testifying.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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To enter the period of statement, call 267-270-5548.

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Leave your email address and the address of the property in question.

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And finally, the question and answer box on the screen is not for comments or testimony.

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All comments should be directed to our Executive Director, Kathleen Grady.

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Let's look at our schedule for this afternoon.

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Number one, MI-2022-005-736-1610 Margaret Street. Darlene Threat is the attorney. This is a request for continuance.

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Number one.

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Darlene Threat has been allowed to speak.

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Good afternoon, counsel. Could you please state your name and spell for the court sonographer?

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Good afternoon, Commissioner. My name is Darlene Threatt, D-A-R-L-E-N-E, Threatt, T as in Thomas, H-R-E-A-P-T.

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

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I do, Commissioner.

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I understand you're looking for a continuance.

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Yes, Commissioner. I am well aware of the status of my case today. It was my intention.

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to present a case.

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I did contact the Civic Association

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and they did not object.

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I had a meeting date of August 9th.

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I wasn't able to get in on June or July.

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And I'm asking for a little bit more grace today, Commissioner,

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and one additional continuance.

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I understand.

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So MI 2022, 005-736-1610 Marguerite Street.

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Cases continue.

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Mark must be heard.

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Thank you very much, Commissioner.

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I appreciate it.

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Number three.

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Mr. Chair, there was a request to have matter number two heard first.

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I believe council has a time conflict.

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Sure.

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Okay.

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We'll hear it right now.

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Thank you.

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Then we'll go over where we stand with the rest of them.

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Yes, sir.

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We'll go first.

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So MI 2023-002-007, 1619 West Boyd-Mensing Avenue.

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Henry Clinton is the attorney.

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henry clinton has been allowed to speak

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and mr clinton you've already been sworn just state your name for the record

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so my name is henry clinton c-l-i-n-t-o-n um did you identify your client a relationship to the

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property sure my client is daria d-a-r-i-a buono b-u-o-n-o and she is the owner of the property

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And there's a letter of support from the Broad Street West Civic Association. Our Vice Chair has a few questions, sir.

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Good afternoon, Counselor. Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

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95% were 5% more today with additional photographs.

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Thank you, Mr. Clinton. Please proceed and share your screen.

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I know the screen is a little bit different

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than what I'm used to.

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There's no ability at the bottom of it

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to share my screen.

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So I don't know.

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Log back in because we're going to need

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the presentation to move.

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Here we go.

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Henry Clinton has been promoted.

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He should be able to share now.

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Thank you very much.

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You're welcome.

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is that visible mr chairman yes we have it all right thank you mr shaheed good afternoon mr

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chairman members of the board and thank you for the courtesy of letting me uh go out of order

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so i'm here on behalf of daria balono and this is my presentation package containing table of

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contents a1 through a10 which i asp admitted so we have a refusal my client has family in this

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neighborhood. She wants to live in this neighborhood. And she found this large corner

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property. It zoned RSA 5. She did not want to make it a duplex, but she wanted the opportunity

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to live there and potentially rent one unit to help her offset the acquisition cost. So we're

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applying today not for a duplex. We're applying for an accessory dwelling unit on the second floor

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with the owner-occupant in the first floor and in the basement.

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Now, this is a unique, flexible aspect of the code,

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which permits a, if you had a large lot,

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you could have a secondary home on the lot,

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or you could have an apartment that shares a building

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with the primary residence, and that's what this is.

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So Ms. Buono is living in the basement of first floor,

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and she would like to make the second floor

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a dwelling unit with one bedroom.

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The house used to have three bedrooms.

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Basically, it's going to be converted into one bedroom in the basement and first floor where she lives and then one bedroom on the second floor.

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And the uniqueness of this opportunity is that she has to put a deed.

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opportunity is that she has to put a deed restriction on the property that this has to

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be an owner-occupant. That's the flexibility that the code permits, is if the owner lives in the

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building, then you're permitted to have an accessory dwelling unit. Again, there's square

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foot limitations. Your accessory dwelling unit cannot exceed 800 square feet. In this instance,

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our accessory dwelling unit is only 620 square feet. So if you look at the refusal, it says

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that a dwelling unit, an accessory dwelling unit can only be put by right on a lot that is 1,600

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square feet. Our lot is about 1,100 square feet. But what we've done, 50% of 1,600 square feet

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in an ADU, an accessory dwelling unit, would be 800 square feet, which is permitted. Since we have

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1,100 square feet, we've downsized that unit to 620 square feet. So the ratios are still the same.

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For a buy right, you'd have 800 in a 1,600 square foot lot. We have 620 in an 1,100 or 1,087 square

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foot lot. So we do have the overwhelming support of the RCO, which is Broad Street West. And also

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there were four neighbors who attended because people were concerned whether this was going to

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be a so-called duplex. And it's definitely not. We have to have a deed restriction. We have to

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have an affidavit signed that the owner will occupy this premise. With that understanding,

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there was unanimous approval of the project by the board, as well as all six attendees who were

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local neighbors. This is the explanation of what I just went through about an accessory dwelling

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unit. These are photographs. So this is an end property, which has, and I'll show you, plenty

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of light and air. And the other unique thing about this property, for the basement of first

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floor, which is where Ms. Pomona lives, she can enter through the rear. There's always been a

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rear entrance and there's also a rear utility room where she can enter through the front and

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I'll show you that on the plans when we get to that. Another photograph of the property a lot

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of light and air again it's an extended rear so it's it's larger than most properties on the block

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being a corner and this street is Smedley Street and Moyamensing is right in the front. Smedley

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street goes all the way through at oregon avenue these are the proof that we posted our signs on

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the front of the house this is the front entry of the home i also had this is the rear of the

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property where i was talking about a rear entrance and exit this is a rear gate in the rear yard

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the next photograph shows the entry to the basement of first floor unit

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some interior photographs first floor kitchen this is the basement when it was under construction

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we had to pour a new slab to even out the floor and we do it we did have a permit for that that

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was one of the questions at the community group meeting i put that in just in case there's any

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members of the community on the call additional photographs of the basement this is the bedroom

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