According to the available data, an application was made to the City of Philadelphia Department of Licenses and Inspection for the legalization of the fence located on 773 Shawmont Avenue.
This application was denied as it was found that the subject fence violated Section 14-706-3A1 of the Philadelphia Code.
The reason of the refusal from the City of Philadelphia Department of Licenses and Inspections was that any fence located nearer to the lot line than the required building setback or the actual distance of the building from the lot line, whichever is greater, shall be no more than four feet in height and no more than 50% opaque, and the plans shall six feet and almost 100% opaque.
The section of the Philadelphia Code referenced by the refusal letter is related to the desire to prevent opaque fences and walls from obstructing otherwise open site triangles.
The code referenced by the refusal letter applies the same concept to front lots within residential districts specifically.
Though the subject fence certainly does not meet these requirements, the evaluation of its impact on the site triangle at the intersection of Shawmont Avenue and Wigert Avenue needs more context.
The process of evaluating intersection site distance involves placing operators at their respective decision points and ensuring that each operator has an unobstructed view of other approaching vehicles at the location where decision to proceed must be made.
These decision points are determined either by traffic control or stop signs and by the distance reasonably prudent operator for an operator to perceive.
For a typical four-way stop-controlled intersection, or in this case, a three-way, all-way stop-controlled intersection, each vehicle operator will be at their decision point when located at their stop position in the vicinity of the stop sign.
For more context, consider the following from the American Association of State Highway and Transportation Officials.
Mr. Peterkin, we actually have in our notes the whole report.
Okay, so you have the whole report.
So we have the report and we have the results where they said, you know, a site inspection was performed by the office.
So we have it.
All right, so I'll skip through.
All right, thank you.
My apologies.
No, no, you don't have to apologize.
We understand this.
This analysis confirms that my fence does not negatively affect traffic safety.
This analysis confirms that my fence does not negatively affect traffic safety.
Looking at the pictures from the report, and I'll show these pictures here, and I know you have those as well, you can see full sight lines of the corner of the property.
My fence is actually not in the sight line at all.
So this is as if if you're coming from Wiggard Street and you're turning on the Shawmont, you're here at the stop sign.
I'll scroll down to the next sight line.
this is coming from shawmont street and making a right on the wiggard on the far right corner would
be where my fence is set back about 30 feet from this distance here all right um
perfect so that's that's there for that my fence has been up for over two years now and i honestly
believe that it is a fact that my fence does not make the corner any less safe for traffic
I'm going to scroll down to my next exhibit. On the screen, I have a collage of fences in my
immediate neighborhood. All of these pictures are from street-facing fences within seven blocks of
my home. They're literally everywhere. I did not provide addresses to these fences as it's not my
goal to bring any unwanted attention or hardship to my fellow neighbors. I took these pictures just
to show the board how common six-foot, low-opacity street-facing fences are in my immediate
neighborhood. Many of these properties are also corner properties. With these pictures visible,
I'd like to speak about my neighbors, not only the ones that are for the fence, but also the few who
are against. The community meeting on March 8, 2023 rendered a split vote with nine opposed and
10 unopposed to my fence. One of the unopposed votes was actually from the president of the
meeting. Some neighbors showed concern that I didn't get the zoning permit previously.
Others stated that they simply didn't like my fence, claiming it was an eyesore.
But when I look at these fences in our neighborhood, I see all kinds of fences,
some of which I love and others aren't my personal taste. However, in this neighborhood
in Roxborough, as far as my knowledge, there are no bylaws that prohibit certain color
or styles offenses like these ones here. Aesthetic taste alone shouldn't be good enough of a reason
for a family to be denied offense that doesn't affect public safety, traffic, or the usability
of their neighbor's own property, if the zoning board allows, of course. I've done all that I can
to address the neighbors that are opposed, including writing letters. But at the end of the
day. I don't know how to address or convince certain people that hate just because they hate.
This fence was constructed for two reasons, and I have a picture here of the fence within the
collage as well. The fence was constructed for two reasons. One, my children's safety
and my wife's peace of mind. Several years ago, my wife was a victim of a sexual assault in the
yard of her childhood home. Since then, she's had a hard time being outdoors. I built this fence for
her not to anger myself from my neighbors. I fully understand that an assault alone is not reason
enough for a variance, but when said variance doesn't actually harm the community, I pray that
the board will consider it. But as I previously stated, the vast majority of my neighborhood
in the affected area has shown support. Here is a petition, which I know you also have,
but I'm showing it as an exhibit. Here's a petition signed by 29 neighbors in support of
my fence. We purposefully only canvassed in our immediate area within a couple blocks of our
house so that we would get as many signatures from affected neighbors as possible, the same
neighbors that we had to write the letters to for the RCO meetings. We have 26 signatures in total
from the affected neighbors and i also have another three letters of support um from neighbors that
weren't able to sign the petition for whatever reason perhaps they weren't home almost everyone
we spoke to were in support or indifference to our fence um i also have a few letters and notes from
the neighbors uh that i would like to read i'm assuming you have read these letters as well
You don't have to read. We have every letter here.
Thank you. I regret the errors I made in the process of constructing my fence, but I'm also aware that some of my neighbors who are opposed to the fence are using this variance request as an opportunity to target their negativity.
Prior to me purchasing this property, that corner was covered in litter and was a frequent hangout for teenagers and others to drink and participate in other activities.
The exterior surrounding my property was a mess. My family and I clean outside of the fence and collect left behind trash on that corner every week. We've been trying to add more beauty to an already wonderful neighborhood. Thank you for your consideration.
Thank you for your consideration.
Questions from the board?
Questions from the board?
No, chair, chair.
Yes, Thomas.
Questions from the virtual audience.
Sir, I have a Stephen Folster with their hand raised.
I have enough of them to speak at this time.
Could you state your name, please, and spell for the court stenographer?
Yes, my name is Stephen Folster. First name is Stephen with a P-H-E-N. Last name is F as in Frank, O-E-L-S-T-E-R.
Right. Do you swear for him to tell the truth, the whole truth, nothing but the truth?
Proceed, sir. Are you a neighbor? Are you a neighbor?
I am a neighbor. And actually on the screen now is the letter that my wife and I wrote in support of the fence.
Just not to go through the entire letter, but I would say that we've lived on the block for over 40 years, and the intersection of Wigert and Shawmont was a hazardous intersection for a number of years, but they've now put four-way stop signs in, and most importantly, when the fence was constructed, there was a cedar tree.
There is a cedar tree at the point of the triangle, which for years, branches spread out into the traffic lanes on Shawmont Avenue, making it virtually impossible to see traffic on Wigert and vice versa to make a turn.
Those were totally trimmed back to the curb line.
And my wife and I are both in agreement that the fence actually improved the sight lines of the intersection.
Thank you so much for taking the time to call in, and we appreciate your comments.
Thank you.
You're welcome, Mr. Chairman.
Is there anyone else in the virtual audience?
Yes, Mr. Chair.
A Ron Perlman with the hand raised.
I have allowed them to speak at this time.
Sir, could you state your name, please, and spell for the court stenographer?
Hi, could you state your name, please, and spell for the court stenographer?
I'm going to move on to the next person, sir. I have a Barbara Mancini with her hand raised.
Hi, could you state your name, please, and spell for the court stenographer?
My name is Barbara Mancini, B-A-R-B-A-R-A-M-A-N-C-I-N-I, and with me is my husband,
wait a minute well just do you swear or affirm to tell the truth the whole truth and nothing but
the truth i do are you um are you a neighbor yes i am are you in favor of or against i'm against
i oppose okay all right um thank you for taking the time to call and we appreciate your comment
can i anyone else is there anyone else in the virtual audience let me say anything
Yes, there's a John Witherup with their hand raised.
Hi, could you state your name, please, and spell for the court stenographer?
Good morning, everyone.
John Witherup, J-O-H-N-W-I-T-H-E-R-U-P.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Are you a neighbor?
Yes, I am.
Are you in favor of this or against?
In favor.
Thank you so much for taking the time to call, and we appreciate it.
Is there anyone else in the virtual audience?
Yes, David Quain with her hand raised.
I haven't got them to speak.
Hi, sir.
Could you state your name and please spell for the court stenographer?
Yes, my name is David Quain.
Last name is spelled Q-U-A-I-N.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Are you a neighbor?
are you in favor or against the project i'm in favor of it thank you very much for taking the
time to call in we appreciate it is there anyone else in the virtual audience yes diane tadillo
with their hand raised i've allowed them to speak at this time sir hi could you state your name
please and spell for the court sonographer diane tadillo d-i-a-n-e-t-a-d-e-o right do you swear
affirm to tell the truth the whole truth nothing but the truth yes i do are you a neighbor yes i
am are you in favor or against the project totally in favor of the project thank you so much for
taking the time to call in is there anyone else in the virtual audience yes a mary ellen g i've
allowed them to speak at this time i could you state your name please and spell for the court
sonographer. Yes, my name is Mary Ellen, M-A-R-Y-E-L-L-E-N.
Yes, my name is Mary Ellen, M-A-R-Y-E-L-L-E-N, last name G as in George, R-Y-S as in Sam, E-W-I-C-Z.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Are you a neighbor?
Are you for or against the project?
Absolutely for it.
Thank you so much for taking the time to call, and we appreciate that.
Is there anyone else in the virtual audience?
Yes, Mr. Chair. Roth Perlman raised her hand again. Do you want me to let them speak?
Hi, could you state your name, please, and spell for the court stenographer?
Roth Perlman. R-O-T-H-P-E-R-E-L-M-A-N.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
And your neighbor?
I live directly across the street.
Are you in favor or against the project?
I'm opposed to the project.
Thank you for taking the time, Colin.
We appreciate it.
Is there anyone else in the virtual audience?
Yes, Mr. Chair.
Barbara Mancini.
Didn't we just have her?
Wait, I believe we did.
I'm sorry.
Anyone else?
No, Chair, no further hands.
All right. Planning Commission, please.
Thank you, Mr. Chairman, and good morning.
David DeFecto, F-E-C-T-E-A-U, with the City Planning Commission.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir, I do.
Proceed.
Thank you, sir.
Mr. Chairman and board members, the comprehensive plan recommends no change to the residential single-family zoning at this location.
the appellant requests permission to legalize a fence installed without benefit of permits
that exceeds the allowable height by two feet and the allowable opacity by approximately 50%.
The appellant has not shown that an economic detriment would accrue if the appellant were
required to install a code-compliant fence. The City Planning Commission recommends the board
deny the proposed variances for legalization of a code of a non-compliant fence. Thank you.
um hillary we don't have the letter in hand we do have testimony that that a meeting was held
what the vote was and we also have 29 neighbors who sent petitions in i think it's appropriate
to vote today do you agree um yes mr chair the the meeting was was months ago it appears that
appropriate notices were sent out and we did get testimony as to the vote all right thank you very
much. MI 2023-000-818-773, Shawman Avenue. I vote yes.
James, my vote is yes. Ishmael Shaheed, my vote is yes.
Thank you. Sir, you have your votes.
Mr. Chair, I cannot hear Mr. Holloman's vote.
I think he said yes. We'll try again. Tom?
Thomas Solomon. Thank you very much, Tom. Thank you. Now we're going to go to our regular list
here. Second one. We're going to go to number four. MI 2023-001-039-2712 North 16th Street.
Darlene Treet is the attorney.
Letter of support from Allegheny West Civic Association.
Darlene Treet will be rejoining as a panelist.
Good morning, Council.
Good morning, Commissioners. Darlene Threat on behalf of the applicant.
Darlene, we're having a hard time hearing you.
Let me see if I can move a little bit. I'm having Hussain