civus
Hearing video

ZBA Hearing - August 18, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 18, 20205h 15m

So a minimum amount of increased occupied area over what? The non-conforming structure that

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already exists there. Let me go back to that for a second.

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And then rear yard depth, the required is 20 feet.

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The building, again, doesn't comply.

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The north side planning commission

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uh the north side planning commission designated baron the side opposite bearing street which is

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designated the side opposite there.

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the north side of the property as the rear yard the proposed addition is one feet five and five

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eighths inches off of that property line uh through the in the revised fallings you see

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we've increased that ever so slightly to a foot nine and inches and some change over that

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we have a height refusal for the addition on the north the shed dormers are below the overall

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height of the structure as you can see here as i zoom in

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you know the existing ridge of the building is 72 feet 3 inches

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the height of the steeple the bell tower base is 69 feet

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the original height highest point of our shed roof dormer

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was below that so we're tucking into the either side

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either side of the ridge of the existing roof

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and that roof will be replaced it'll all be standing metal seam and the height of the dormer

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originally was 64 8 3 quarters you'll see in revised drawings that we've reduced the shed

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dormer the height we've dropped it ever so slightly and pushed it back from the edge

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which effectively raised the bottom of it a little bit from 41 feet 2 and 1 8 i think

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to 41 and 11 and change, and we dropped the top of the dormer from 64, 8 and 3 quarters,

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I think down to 63, 8 and 3 quarters down the foot.

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So it's the addition at the rear, which you can see here to the left,

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which again is for the second stair access and the ADA access.

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I'm sorry, right here.

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This is an existing bump out to the rear, which we're actually lower then as well.

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So the additional, even though it exceeds the 38-foot height limit, is much, much lower than the existing structure at any side, even the bump out at the rear, at the north side.

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You can see here, again, is the ADA ramp that we eventually eliminated through the RCO process.

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And the reduction in the shed dormer, the size of it, was something that the community group wanted us to see.

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and you'll see in their letter of support, they alluded to the revisions that we made through the process.

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A copy of our zoning appeals at tab 9.

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Tab 10, again, is the corrected notice of refusal.

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You can see the side yard.

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I addressed the side yard refusal.

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I believe that accessory structures are required to comply with the yard requirements of the zoning district.

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And while we're the addition to the rear to the north side for the stair and elevator complies with the side yard setback, the bike structure on the east side does not.

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so technically that is a zero foot side yard and i had for the benefit of the board and the community

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just to put that out there i had that added again as long along with a little more detail into

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what was being proposed the original notice of refusal didn't include the number of residential

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units we were proposing which i thought was pretty important um so again originally had 25 and we've

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reduced it to 22 at tab 11 you have our revised zoning drawings cloud and

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unclouded we had a survey we didn't have the benefit of a survey when we filed

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the original application so a lot of the clouds these dimensional lines have to

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do with the existing structure and the setback of the dimensions from the

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structure to those property lines other than that there was a slight modification as you'll see in

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the revised proviso plan form to the configuration of the rear addition the change of the here on the

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right to the north the removal of the ramp the the addition uh inclusion of a of a lift to get from

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grade and sidewalk up to the raised landing at the rear of the building and then you'll see

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in the elevations the shed dormer height um the top of it was dropped again as i said a foot down

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to 63 eight and three quarters the bottom of the dormer went up as it was pushed back

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you can see here what ended up happening

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a minute is that we as we push this the dormers back from the edge of the building

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They wanted the dormers to appear a little more subservient to the primary structure,

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so we minimized that as much as possible.

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We still needed to sit the outside edge of the dormers upon the lower exterior wall,

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the existing exterior walls to the east and west of the church,

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so we moved it in to the inside edge of that bearing wall.

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That's about as far as we can go, but as a result, as it moved in, it moved up.

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That's about as far as we can go, but as a result, as it moved in, it moved up the roof.

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And so that's why the bottom of the shed roof height is actually higher than it originally was before it was down in this area.

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And then again, we dropped the height of full foot.

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We dropped the floor-to-ceiling height at that fifth floor that we're creating to, I think it was about eight feet or so, to minimize the visual impact.

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here you can see over in this area again the bicycle storage shelter to the right

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we do have a six foot fence along setback along the front of the property at bering street one

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other thing we did change was originally we had four foot high fences out at the property line

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to enclose the trash enclosure and to for the access to the rear to north of the property

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we ended up pushing the fence back in line or behind the forward most portion of the structure

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at North 38th Street, and so we raised that to six feet, which is a permitted height in the

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residential zoning district. You'll see that here, an interesting feature that the architects can get

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into, and I'll go to a clean version of the revised drawings, is that what we did is we created,

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and you know I've used these in some other projects where we've created these terraced

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light wells coming out of lower areas of the building and you'll see those in the renderings

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to either side and we were able to effectuate that again because the property does sit back

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from the side property lines we were able to keep that not out on the footway on 38th street but

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within our property and create some additional light to the lower levels it will serve as an

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additional means of egress although because of the second means of egress we're providing to

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the north it's i think the architects will state or will confirm that that's not required here's

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comparative rendering a color elevation i should say of the bering street facade top and bottom

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you can see the dormer see either side of the ridge we've modified the color palette the original

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plaster is kind of a pinkish mauve-ish peach color and in order to uh make the addition

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the dormers blend in. We propose modifying. We pledge to continue to work with Palatinville

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Civic Association, the coordinating RCO to pick a color palette that does further integrate

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the addition and the modifications with the existing structure. Here you can see the

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North 38th Street side. I'm sorry, this is the east side. I'm sorry, at the bottom.

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no I'm wrong this one 38th Street there are some stained glass at the upper windows that will have

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to be removed so those windows can be operable and meet with the building code but again as you

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can see up here well you can't really see it here you'll see it in the rendering we are going to

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maintain the stained glass you see right here this is what the building was originally presented to

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the community group, maintaining the peach or mauve-ish color, that's how you say the word,

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I have problems pronouncing it, existing plaster with the addition above, maintaining the stained

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glass at the upper levels at the Bering Street. The stained glass that exists in the upper side

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windows will be preserved to the extent that we can when we remove it to be integrated and utilized

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throughout the building, the interior of the building possible, and the exteriors. Here's

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another rendering of the from Bering Street east side courtyard that'll now

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be hard and landscaped in the bicycle enclosure as well and here's that East

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Court that we have that right now you'll see in the photos is terribly overgrown

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in really bad state and we're creating some nice usable outdoor space for the

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occupants and residents of the building here's an example of these terrace kind of rather than just

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having a deep well a pit we're trying to make something that's more functional more gradual

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for the benefit of both those passing by and for the residents of the building

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and here was the change in the color palette that we presented to the community group following

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We met with both their zoning committee where we got some input and then met with the full,

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we had a remote virtual community group meeting just the other day.

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And this was what we produced based upon the comments we received from the community group.

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Again, really just changing the color palette of the plaster and of the shed dormers,

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reducing the shed dormers, the height, and setting them back.

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and setting them back the landscaping all around and here's just quickly comparison between what

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the landscaping all around.

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we originally proposed to the left and then the right following our community group meeting

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and the zoning committee meeting again trying to make the addition and the existing structure blend

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in more together and obviously we received a letter of support from them so they found that

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to be acceptable. I do have floor plans, both for the original 25 unit as proposed and the revised

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22 unit. Again, we can go through those as needed. The board has any questions. We did prepare

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shadow studies, and Mark or Kevin can go through that, but you'd see that if any property is

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impacted you know by tucking the shed dormers let me just say by technically tucking the shed dormers

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into the sides of the roof the way we have um and with the ridge extending above it and the bell

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tower base extending above it it has very minimal effect on the shadowing as uh as proposed to what

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presently exists and if anything there's a an impact on our own property to the north but it's

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very minimal and again if you have any questions regarding that i can have the architects go

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through it uh existing photos you can see here at tab 19 i'm just going to quickly flip through

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this is that east courtyard that we're going to be fixing up overgrown fences rusted fences removing

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the signs um that are there neighborhood that's around you know this is the rear yard area

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presently as it stands to the north not in great shape that fencing will all

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come down. Plaster on the west wall will all be patched and fixed coming off in

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various spots as you can see in the photos here at page 24, 25, and 26. 20 is

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the interior photos and pretty pretty rough on the inside sellers and not in

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great shape the interior not in terrific shape its existing stories this is the

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upper floor the second floor but you can see in some of the photos the the roof

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there's problems in a roof you can see here on page 23 of tab 20 where there

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you could if you were you can see through and their problems with the existing roof as it

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presently stands we did go and as I mentioned we met with the community both the zoning committee

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flipping through here some other photos tab 20 21 I'm sorry tab 21 again is the what my clients put

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together showing the proximity to bus stops bike sharing trolley line zip car you know bike sharing

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one minute walk trolley bus one minute walk bus stop two minute walk a bus another bus stop two

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minute walk zip car an eight minute walk subway ten minute walk so it's clear that you know even

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though we're not providing parking which we really couldn't without destroying the church or the

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ground floor facades of the church there's no open area that could be really effectively utilized for

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that um that it is in close proximity to public transportation and something that the community

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group took into consideration in improving our project. Zoning archives I've included for the

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subject premise is obviously utilized as a church and that's at tab 22. Our email or the email we

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received from a tab 23 from any commission showing Palton Civic, Paltonville Civic Association as a

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coordinating RCO, a list of addresses to which we provided notice of our April 1st. I mean this was

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the original notice i'm sorry originally supposed to meet april 1st with them that obviously didn't

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happen i was supposed to be an in-person meeting there was our certificates of service for that

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and then our uh virtual hearing that we had on august 6 and we did mail that again out as um

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by certificate mailing to um to the list of addresses that we provided

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and then lastly we do have the letter of support

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should have the letter support um i don't have it included it may have come in afterwards

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but if i can just go to that you have copies of that you have copies of that okay and as you can

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see i can open that it should have been that's their letter dated august 17th

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and that is as you can see in the third full paragraph that's a support and it was based

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upon the submission that we made with the revised materials that we're submitting to the board today

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with the revised materials that we're submitting to the board today on August 14th again I did

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on august

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there is a revised proviso plan form and our revised drawings going with those reducing the

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number of units from 25 to 20 reducing the top of the shed dormer by a foot in which then pushes

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pushing the bottom up about nine inches, eliminating the ADA ramp in place, using a lift instead,

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so getting away from any encroachments onto the footway, increasing the rear yard depth,

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even though as little as it was, slight increase to the east side yard.

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That's to the building, existing building.

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Obviously, we talked about the accessory bicycle storage.

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The addition to the north increased in square footage ever so slightly, but there was no effective change in our occupied area, changing the fence on North 38th Street, increasing the width of the light wells by a couple inches, and then revising the dimensions based upon our survey.

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And then again, here are the revised drawings.

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Excuse me, David, is that increase in the height of the fence going to generate a new refusal?

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No, because what we did is, so the provision of the code that deals with that is that if there's a fence between the building and the property line,

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it can be no more than four feet in height and can be no more than 50% of the peak.

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But what we ended up doing, in the original drawings, it was out here at the property line.

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So it was between the building and the property line.

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As you can see here, we've actually, and some L&I examiners will say if it's in line with the building, it still needs to be four feet and no more than 50% opaque, which is not what this says.

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But we've set it back ever so slightly from this extreme, and I won't say extreme, but the westernmost or the closest portion of the structure, this buttress, to the 38th Street property line.

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So since it's set back, it's no longer between the building and that front yard property line,

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and it can be the full six-foot height that's permitted as long as it's not in the front yard.

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So the answer, that's my long-winded answer to saying, no, it should not generate any new refusals.

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We designed it this way to make that happen.

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Thank you.

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So it would not happen.

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And it's three pages of revised drawings.

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If I could, if I can have one of my clients, Nagesh or Raju, sworn in to adopt my statements,

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and then Kevin or Mark to do the same as the architects.

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Frank yes did you wish to swear in sorry yes your name sir please identify yourself

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for the record spell your name david is it najaru yeah uh yes okay you can yes you can unmute

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yourself oh my god najaru or or yeah it's either raju or nagesh one of you guys

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maybe i can move to mark and mark wallace and or kevin korejko

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yeah um i accept the testimony okay mark real quickly you have to be sworn first

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sorry um mark wallace core design architecture uh 222 west atlantic uh avenue

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So, Hedden Heights, New Jersey, 08035.

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We're confirmed to tell the truth, the whole truth, and nothing but the truth?

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Thank you.

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Thank you.

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Please proceed, David.

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Mark, did you hear the statements I made to the board?

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Yes.

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Okay.

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Are they true and accurate to the best of your knowledge?

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Yes.

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Is there anything you'd like to correct?

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No.

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Okay.

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And would you adopt those statements as your own?

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