civus
Hearing video

ZBA Hearing - February 10, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 10, 20218h 33m

It's actually two car parking.

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So it's a net gain for parking in the neighborhood.

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This is the alleyway that I was discussing, going back 22 feet of the 29-foot – excuse

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me, that's incorrect.

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of the 35 foot two inch property line. This was originally where the door was located. My clients

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have since moved that to here. I just don't have the new drawings from the architect with the stamp

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and their proviso plan at this point because he had this personal emergency where his spouse had

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to go to work and he got stuck at home I guess with his kids and I just talked with him before

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I popped onto this call. This is an elevator. It's a four-story house. They want to have a nice

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elevator. Heck, I can't blame them. I wish I had an elevator but my house is only two stories and

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it's tiny, so I don't need one. Go to the next page, members of the board, maybe.

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Okay, so this is the second floor.

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okay so this is the second floor and then maybe tweaked a little bit when when we fought when we

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pushed the final plan out because we did have to move the front door um because neighbors did bring

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up at our first community meeting where they did not hold a vote and i'll get into that later

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uh concerns about us using the alley as an access way for the front door they prefer to have eyes on

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the street they were worried about the door being directly behind someone else's backyard even though

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is 20 or 30 feet away from the rear of their house. Cool. We hear you. Give that a shot.

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That's the third floor. So I already showed you the first floor members of the board. That was

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the unexcavated area where they're parking. The new plan is going to show door here.

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The stairs are going to be moved around and things like that, if I recall correctly as well. But

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let's just pretend for now that the door is here. This doesn't really affect the refusals at all.

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We have two bedrooms, bath, bath, elevator, nice little den area on the second story.

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Third story, we have the owner's suite, another bedroom.

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And these bedrooms, I mean, Chris works from home as an interior designer, as I recall.

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And these are all called bedrooms, but we could use them as an office or a playroom or a study or a bookroom or anything like that.

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Big closets.

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We have the shelves, washer, dryer, large bathroom.

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Going up the stairs now to the fourth floor.

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Okay, here we go. And this is actually a wonderful, wonderful fourth floor. And I really hope I get to have brunch at this house sometime because it's going to be gorgeous when it's finished.

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Going up to the fourth floor. If you remember on the renderings, members of the board, you saw how, like, the top floor doesn't quite fit the entire trapezoidal shape of the underlying structure.

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We have a little bit of a cantilever here. It's just like any other bump out. Instead of just being a box on a box, though, it looks neat.

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in the rich villa the architect who i believe may be on the line or may not be due to his personal

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issues this morning with his family um really did a nice job working with this strange lot

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so here's dining room living room area kitchen all of the appliances along this wall a nice

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little powder room of the dining area these are all windows to let in light it's going to be really

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neat um you would come out the sliding door here and remember when i showed you before the roof

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deck pattern on Z2H1. The stairs leading up onto the roof deck, that's how you get out. So you come

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out the sliding door here, you come out into this deck, and guess what? We got a refusal for this

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deck too. You can see now why members of the board, if we tried to put these stairs in here,

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it really messes with the interior layout. If we put them here, we'd go over height, and we'd have

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a pilot house here, which would cast a greater shadow as the sun moves in its arc. In the evening,

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we'd be down some would be over here we'd be casting a shadow almost uh 50 feet tall on all

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the houses across the street and on the rear yards over here and we don't want to do that

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we put a lot of thought into this design um so yeah deck come out this is a nice little deck

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it's not even really big enough to sit out on it's really meant for access to these stairs

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i guess you could put a patio chair out here and like sit and enjoy the sunset

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maybe, but it's not huge by any stretch of the imagination. So here we go. Here's our roof deck

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now. So again, you saw it in that Z1 plan. This just has some measurements on it. Come up the

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stairs. Here's the roof deck. It's set back five feet from the street as required by code.

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It's only 13 feet by 17 feet, so it's not even huge. You don't even take up the entirety

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of the structure with this roof deck. It's just a nice little area to sit and relax and enjoy some

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outdoor space that isn't in this backyard or in this three-foot alley. That is essentially it.

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Oh, it got renderings. I forgot about that too. My apologies, members of the board. Here you go.

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This house looks really cool. It looks really cool. It looks from these renderings that perhaps

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these stairs are jutting out into the street. It's just because of the angle. They're not.

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Final materials, brick. We don't know what color. We showed white here. Maybe we'll keep that. Maybe

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a little bit more uh in character with the traditional red brick fronts of the homes in

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the neighborhood i know ms moss uh from old kensington usually prefers that as does the

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constituency but there's a lot of new construction in the area as you saw across the street's gray

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brick the protestants on the line i believe their house is stuccoed in the front

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houses across the street have red brick and stucco and a mixed mix of different materials

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so this is just for your edification it's not really important for the purposes of the zoning

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hearing itself. I'm going to stop my screen share and get to the refusal just so we can identify

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those issues because the objections that were brought up by the RCO namely have nothing to do

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with the refusals here. Maybe I will find the refusal. Let's try this.

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So the refusals as far as I recall along pulling this up have to do with the side yard. I've

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explained that it's because we extended the three foot alley back if the neighbors prefer

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we'll redesign the building and get a new and come back i guess for a second hearing

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we'll redesign the building and get a new and come back i guess for a second hearing and dog

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leg the property out and go all the way to the property line so they have less light and air

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and less privacy i don't know why they'd want to do that but we can and then we would eliminate

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that refusal we don't want to it seems silly we're trying to be considerate to the neighbors behind

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us to the west long thompson street here we go i found my refusal members of the board

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Here we go. So, here we go. Here are our refusals. We were issued the refusal 10-22 of 2020.

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Leo, can you enlarge that?

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Yes, absolutely.

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Okay. So, we're RSA 5 district. We're building a single family home. Cool. We're asking for a lot

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adjustment to create one lot from two. Cool. Size and location is shown in plan, which I've

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indicated to you and we will be sending you revised plans but that does not increase the

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refusal whatsoever single family fast single family household living two accessory all street

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interior parking spaces i'm minimizing my video because it was in the way of me seeing four

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refusals guys parking isn't one of them because the parking spot already exists so roof debt set

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back um i showed you what our issues with that is it has to do with the roof deck that's above

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that the third floor that you access from the fourth floor kitchen area so you can take the

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stairs to get out to the roof deck um let me one moment you're on uh members of the board i just

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need to send my client a text so they can pop on in case they popped off excuse me this is sharon

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mr mulvihill can i ask one question yes um in the there's something i'm not understanding in

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refusal underneath the different code sections the examiner wrote one use refusal three zoning

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do you know which is the use refusal uh no i i don't i think that's probably a copy and paste

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error and frankly i didn't even notice that until just now when you brought that up um one moment

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members of the board i'm sorry but the link that my client had to pop onto the meeting is not working

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so i'm going to resend it to them right now um let's go what we got here uh i guess while i'm

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doing that i'm happy to take questions and i can go through the remaining refusals in a second or

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if mr macklehatten is on the line wishes to say his piece while i'm pulling this up and my client

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can pop on i'm happy to do that reserving the right to address the refusals in a few seconds

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i just don't want to take any more time over the roof deck setback it says roof decks must be set

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back at least five feet from the extreme front of the building did did i not see that well we have

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two street frontages members of the board and the one that's set back is the one above the fourth

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story where the kitchen area is and that's set back five feet from thompson street

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so the refusal that we got is for that little access area that maybe you can fit a patio chair

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on um which allows access to the roof deck what is the is that necessary that yes it's necessary

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to have because otherwise what happens is we have to completely refigure the fourth story we'd have

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to move the stairs inside the property um and then that would completely change the layout of the

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fourth floor and excuse me excuse me leo this is new construction yes so you can make all the

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arrangements to make everything fit i mean one could do that but it significantly reduces just

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one moment i'm sorry members of the board i do want to address that i'm just trying to get this

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link to my client very quickly um yes theoretically one could do that the the issue becomes if we look

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to the letter of objection that was sent in by the RCO, I will have to detail that meeting process

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myself in a few seconds. But their objections were to height, right? They didn't want it to be

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as tall as it is. And we specifically designed the building to be shorter in overall massing

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than the other new existing single-family dwellings on that block and the new building

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that's direct or the older building that's right behind um if we put the stairs elsewhere in the

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fourth store and there's going from the third to the fourth story and we move them inside

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what would happen from my perspective is this we would have to have a pilot house the pilot house

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would then be another additional 10 feet on top of the roof right and the neighbor directly next

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to us who is represented by mr mckelheadon uh was very concerned about their access to light

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and air and everything else like that could you go back could you show us that uh exhibit

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yeah look as you're speaking for what i'd like to see i'm just getting that i'm getting my text to

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my client okay he's running all right slow so i'm doing my best i'm sorry members of the board no

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problem all right so deed to pheno and dreams uh chairman which page did you want me to pull up

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uh chairman which page did you want me to pull up well the one that shows that small roof deck

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well the one that shows that small

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and the staircase okay so let's one moment let me just stop and reshare because i have to do that

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all right uh the property is tax clear members of the board i i don't have the tax clearance

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with me right now of course however if ms zuletta were to check the record um for brt it's it's paid

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out. All right. My apologies. These files are very large, and that's why it takes so long for this

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one particularly to load. Are there any other questions in the meantime while this is loading

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that we can address while I'm waiting for this so we don't take up more time?

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Anybody else on the board? Anyone else on the board has any questions?

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no no all right right right here on the left on the left you're showing a staircase

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right and then that small deck as you refer to maybe being able to put a lounge chair there

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yeah chairman where's the five foot that overhang we're talking about well that's the issue because

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these stairs are three feet wide i guess to address what mr holliman said earlier

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Our kitchen itself isn't terribly deep as we look at it, right?

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If we were to move these stairs anywhere in the interior, we lose a significant amount of space.

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We lose windows.

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We have an elevator here that really can't be put anywhere else in the house.

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And I guess you can ask them to remove the elevator, but they want it, and it's not a zoning issue.

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So I just want to address the stairs.

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Where is the five-foot in question that kicks in right here?

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It's all of this, members of the board.

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This is Orkney Street.

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I think I said Cadwallader before.

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That was incorrect.

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This is Orkney Street.

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This is Thompson. We can't physically set back this. This is the roof deck in question, your refusal. We cannot physically set this back five feet because then we can't put the stairs out here.

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We don't put the stairs out here. These are about three feet wide, you know, rise over run, whatever the tread height is. I don't recall. We have 10 foot ceilings in the building.

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it could we can theoretically uh mr holliman put these stairs anywhere well somewhere in here

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probably not here because that interferes with the elevator uh if you put it here interferes

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with the layout of the room leo i'm missing i'm missing why can't the stairs stay where they are

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and eliminate or reduce the size of the deck well chair let me see if i i'm sorry mr holliman i know

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you're talking. Yeah, Tom, I'm sorry to interrupt. I'm confused. Okay.

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Mr. Holliman, did you have a question that I can address for you while,

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before I address the chair? The existing stairs that's inside the building,

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why can't you extend them? So we thought about that too, but if we extend, let me get my drawing

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tool out. If we extend these, draw, I don't want text. If we extend these stairs indicating in red

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for purposes of the record, the stairwell on page, I believe, four, showing the fourth floor

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interior layout, we could. We could just pop these stairs, pop a roof deck, a pilot house right up

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here, and get another nine or ten feet of height on top of the building, which puts the building

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significantly taller than anything else on the block other than the flat iron building that's

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behind us. And it's really out of character for the block. So theoretically, we could do that.

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We could get it by right, but then also we're going to get a – well, we couldn't get it by right because what would happen is we'd get a refusal because we can't have the pilot house up against the property line.

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So we'd have to find a whole new place to put the staircase in the entire structure, right?

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And it also adds to the height, which would – during the latter part of the day as the sun is here in the sky, this is the arc of the sun.

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We have the sun's rays.

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Sorry, it's all red.

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I could probably change the color, but it's not that important.

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that's going to cast a huge shadow to every house here as the sun gets to here

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as this is to the west it's going to cast a huge shadow on the properties here and this neighbor

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who mr mackleheadon represents is concerned about their light and air and we're trying to do our

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best to facilitate this design to eliminate too much massing of the overall structure and that's

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why we have the the see-through railing on the roof deck which is like here give or take set

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back five feet from the street and that's why we have the staircase over here to the side of the

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massing of the fourth story so we don't have that additional height and we're not casting shadows

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on anybody where is that that staircase going the one you just this is yeah that's the staircase

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for the entire house uh chairman so this goes it's all interior it's all interior yeah this is

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like a switchback staircase from the ground floor up to the fourth story that's it all right i and

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where it says up that's coming up from the third no no no on the other side go to your left again

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here yep up where that's from that little deck yeah so let me where's that going where's

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where that's from that little deck yeah so let me where's that going where's that going sure i'll

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get my pen out to show you chairman so here's this is the sliding glass door you would come out

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here right you go up the stairs and this is going up right up on top of this structure here because

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let's get to the roof i have to clear my drawings very quickly so i can touch this they're all

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drawings all right so just remember that and then let's go mouse when i get up where am i where do

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i land one moment i'll answer your question i just have to get to my other drawing real quick

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draw for you all right yeah draw all right let's draw so under this is the the top of the fourth

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story right so this area right here this is the fourth story where you saw the kitchen so we're

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standing right on the roof of the kitchen here okay and i'm going to draw the same drawing that

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i did but on the next story up so you understand what we're talking about here so we're coming out

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that sliding glass door and this this is elevated these are the stairs that are elevated at the same

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height as the top of the fourth story so you walk under this no problem then you come around and you

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go up the stairs and this is how you get to the roof deck above the fourth story and you just

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there you go boom okay so where's the five foot refusal the five foot refusal is here

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indicating for the record with my red pen this access deck to leave from that glass door I

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discussed onto the tiny area where you can put maybe a patio chair or some patio furniture

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this this is considered a roof deck under the zoning code even though it's not be reduced

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couldn't that be set back no because chair what we do if we cut five feet off of this

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looks like that and and and then you can't you can't get onto the roof and that's what I didn't

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i understand it now and to go back to what mr holliman said earlier so the staircase

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