civus
Hearing video

ZBA Hearing - February 12, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 12, 20255h 35m

In the process of meeting with the RCO over two times, I understand that you're

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of reducing the number of units. Is it also true that you are increasing the days of trash

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collection for a second day of trash collection? That's right. We have. Okay. And is it true that

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you have a property maintenance manager that lives in the community? That's right. Okay. And

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is it true that you are installing security cameras, not only outside, but also in the

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common areas of the property? Yes, sir. Okay. I have nothing. And all of these changes and

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adjustments were done through the RCO process. Is that right?

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That's right.

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Very well. Thank you very much. I have nothing for now. Thank you.

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Questions from the board.

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So this, so the change, can you walk through, so the change is from what, from how many, what, how many units?

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From four units to three, and where the, where the material change exists is on the top floor.

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so that so and then the second floor this is existing condition i'm sorry to interrupt i

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just want to make sure you see this um i'm showing you the existing condition of the top four

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which would be uh the second floor it is currently two studios and what we are proposing uh based on

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the conversation with the rco is just to make this one large unit and then the third floor is

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there's no third floor there's a there's an above sort of a walkout basement a first floor

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and then a second floor you have a unit in the basement it's a walkout basement yes okay can you

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go to the basement one sure and so everybody has to on the first floor so everybody puts their

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trash in that entryway it's it's off to the entryway uh but yes it's it's in a common area

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from the second floor

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they got to walk through a trash room to get out

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and into the building

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this is all corralled so they won't

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see anything other than a large

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Tupperware

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you're walking through a trash room

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it's a large

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it'll be a large sort of

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walking through a trash room

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let's be real

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you've got three huge tubs, trash cans

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you're walking through a trash room

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but let's see the basement

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this is

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the basement

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No, that's the first one.

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See the basement.

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There's no basement plant.

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This is it right here.

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Yeah, because that's the first floor.

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That's the first floor, right?

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And this is the basement plant.

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How is that the basement?

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Hold on, please.

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And the basement, the door is in the middle of the property.

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first floor and then the basement has this

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like you said there's a walkout

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because they created this

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right here

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so

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that goes up

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Vern show a picture of the property

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because I don't think that's it

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the picture of the property shows the door in the middle

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of the

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door is in the middle

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there's no plan that's showing the basement

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well there should be

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so if you just bear with me

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for a moment

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my apologies

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this is the pictures

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this is the basement unit

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egress

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you can come directly out but I'm concerned about

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windows and the fact

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that it's

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in the basement and what else

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does it look like

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i'm going to have to get that to you are there interior pictures from the basement

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i have plenty of photos um they're not they're not necessarily tagged

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I could have my client come back on to see if he can explain if there are photos here of the basement unit.

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uh i could have my client come back on just to see if he can explain which if there are

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Yeah, if you keep scrolling, I'm not seeing the basement yet.

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I do have photos on my phone of the basement unit.

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right so these are the tubs that would be in that that entryway well they would be covered

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but yes you're walking through a treasure well we want to make sure that there's there's common

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space for these units right uh for as long as these units have been around there hasn't been

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they keep them on the porch and we didn't want to we didn't want to do that obviously

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i think also expecting tenants to pull the large trash bin down a stairwell

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is something that is not typical the property management person who lives in the neighborhood

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will be responsible for the trash two times a week okay yeah he he manages that for them

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so chair i don't seem to have the interior layout yeah i think with the with the lower level okay

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so i i think we need to at least see the lower level yeah and um hillary can we do a resumptive

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hearing for this um yes we can um i believe you do you have the new date for i i do so

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So, yeah, I have a resumptive hearing date is 4-30-25 at 2 p.m.

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Okay.

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And, Mr. Anastasio, I just had a question from looking through the plans.

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Is the proposal now one unit in the basement, then first floor, then second floor?

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Right.

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Is that, okay, because I saw the, all right, because the plans that were provided showed the two studios on,

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And I believe it was the second floor.

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So that's what I thought the plan was.

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And then there was no basement rendering, or at least the one said first floor, but there

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were two that said first floor.

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Yeah, there should be a basement rendering.

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I'm not quite sure why that didn't come through.

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Nevertheless, the top floor is what's being consolidated.

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Okay.

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All right.

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That wasn't clear.

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So there'll be, instead of one unit in the basement, one unit on the first floor and

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two studios above, it'll just be one unit per floor.

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Okay.

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So this is a presumptive hearing on 4.3025 at 2 p.m.

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Thank you very much, sir.

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Thank you.

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Number nine, MI 2024-005-357-839 Airedale Road.

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David Orphanides is the attorney.

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Letter of unanimous non-opposition from Roxburgh Civic Association.

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There's also a petition with 26 signatures on it.

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Excuse me, Mr. Chair, I'm sorry to interrupt, but we had a hand up from a Joaquin Nicholson.

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To allow him to speak real quick?

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Sure.

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Understood.

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You're unmuted.

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Please wait to be sworn in.

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Yeah, sir, could you please state your name and spell for the stenographer?

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Joaquin Nicholson, please unmute and wait to be sworn in.

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Aye, sir. Could you please state your name and spell for the stenographer?

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Yeah, I'm sorry. I got my

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questions answered. It's fine. All right, good. Thank you very much, sir.

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Yes, sir. David Orfanides.

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Okay, Mr. Orfanides will be back in

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as a panelist. Okay, thank you.

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Good afternoon, Mr. Chairman.

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Good morning. Good afternoon. Could you please state your name as spelled for the stenographer?

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Certainly. My name is David Orphanides. Last name is spelled O-R-P-H-A-N-I-D-E-S.

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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.

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Could you identify your client in relationship to the property?

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Certainly. My client is Philip M. Orthwick. Last name is spelled B-O-R-T-H-W-I-C-K.

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He is the owner of 839 Airedale Road.

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And board member Graham has several questions for you.

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Good afternoon.

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Did you submit your documents five days in advance of this hearing?

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I did.

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Great.

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And do you agree to waive the reading of the refusal and do you stipulate to its accuracy?

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I waive the reading.

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I don't stipulate to its accuracy.

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It's inaccurate in certain ways, but nothing that's particularly meaningful for what we're doing here today.

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And I can go through that.

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and I can go through that. Okay, thank you. You may proceed. Okay, thank you. Again, my name is

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Okay.

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Thank you.

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You may proceed.

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Okay.

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Thank you.

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Again.

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David Orphanides from Orphanides & Toner, LLP. As I stated, my client is Philip M. Borthwick,

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who's on the line or on the Zoom call with me today. He's the owner of the property,

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and I also have Leslie Cunningham on, and she's with Cornerstone Engineering, the firm that

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prepared the drawings that were submitted to L&I and which were reviewed for the generation of the

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notice of refusal in this case. As mentioned, we do have a letter of, I indicate it's a letter

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of support, but it's a letter of non-opposition from URCA, Upper Roxburgh Civic Association.

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We had a community meeting back on November 13th, 2025, following, and I can show you later on,

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the proper notification to the properties and property owners within the required area of the

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subject property. It was a well-attended meeting, and following that meeting, as you indicated,

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there is a letter of non-opposition. My client took this petition around, had it signed by

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quite a number of people, property owners on Airedale, as you can see here.

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In addition, he recently, and this wasn't with my original submission last week, but the

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properties that are behind him on Northwestern Avenue, which is on the Philadelphia side of

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Northwestern, because just to the west of him is where the city line is. But the properties behind

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him on Northwestern provided letters of support. You can see here. So Mr. Orphanese, let me ask

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you this. Why don't we start with your, are you disagreeing with L&I? Not in a material way,

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but I just wanted everybody to know. So real quickly, they cite the wrong section regarding

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steep slopes just letting everybody know okay and then the the total um that we have they didn't do

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the math correctly um it's they added 11 7.5 and came up with 18 instead of 18.5 um and we've

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actually increased the side yard slightly um to 19 feet but there is still a side yard uh refusal

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we only have these two refusals one is steep slopes and one is the side yard um i just will

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quickly point out and i understand we want to try to get through this and get caught up um the

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original plans real quickly if i can zoom in these are the plans that were originally we don't see

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anything oh sorry yeah yeah i thought i did hold on one second try it again

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that better we see the plans okay sorry about that i thought i'd already done that

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Yeah. So historically, my property owned a lot that was known as 841 Airedale. It was a lot that

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was 50 feet wide and 275 feet deep. I'm sorry, 96 feet wide and 275 feet deep. Back in 2003,

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he subdivided the lot into two lots. Couldn't be done by right because at the time it was

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zoned R2. It's now zoned RSD3. Both of those zoning classifications have a 50-foot

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minimum lot width requirement. So he subdivided, created 841, which is this property right here.

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And that was done by Wright. Had the required minimum side yards, open area, front yard setback.

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It was single-family dwelling, two stories with a front-loaded garage. That was all the way back

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in 2003. So he's recently come back to now after 20 years to develop what is known as 839,

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the property to the left, which instead of being 50 feet wide is only 46 feet wide. Because again,

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they started at 96. He's looking to build essentially the same house that was permitted

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by right at 841. It's a couple of feet deeper. But other than that, and there's a little bay

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at the ground floor back here on the side.

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But other than that, it's the same building,

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two stories, gabled roof that you'll see in a second.

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So we had the requirement in our,

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back then the requirement for our two

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was two 10 foot side yards.

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And this one had four, and 841 had a 14.7.

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And then I think like a 10 foot side yard.

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We don't have with the same width house of 25 feet

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at its widest point.

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We don't have that same amount of side yard width. And so we originally had 11 feet to the, you'll see, into a hill, which then goes up to the rear parking lot of Pep Boys off of Ridge Avenue, just again, before you leave the city, for those of you who've been out that way.

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And then we only had a side yard of 7.5 feet to the bay window, abutting the property at 841.

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The current requirement, as you can see in the notice of refusal.

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