civus
Hearing video

ZBA Hearing - July 9, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jul 9, 20256h 49m

Do I have any other requests for continuances?

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Sure, I do not see any further hands at this time.

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Okay, so number four, MI 2024-006-752-4518 Old York Road.

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Martin Boyd is the current owner applicant.

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There is no exhibits.

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This is the second listing.

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I do not see any hands, Chair.

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This last time we can continue this because of medical reasons.

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But we're going to continue this one more time. So MI 2024, 006752, 4518 Old York Road. This case is continued to 12, 10, 25 at 2 p.m.

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We'll go to our add-on list.

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Mr. Trey, I just want to note for the record, Board Member Wynn has joined us.

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Oh, thank you.

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number one mi 2024 003 727 535 rawn street

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i vote yes amended refusal received dated 6 17 25. michael johns my vote is yes with proviso

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Cheryl Gaston, my vote is yes, with Proviso.

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Canada Graham, my vote is yes, with Proviso.

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I win, my vote is yes, with Proviso.

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Ryan here?

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I'm here, Bill.

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I didn't think I was voting on that.

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Yeah.

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Okay.

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Thank you.

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You're right.

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So, number two, MI 2024-006-733-4045 to 61 Main Street.

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Wait a minute.

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I vote yes to reconsideration and rehearing.

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Michael Johns, I vote yes to reconsideration and rehearing.

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Carol Gaston, I vote yes to reconsideration and rehearing.

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Tynetta Graham, I vote yes to reconsideration and rehearing.

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Iron One, I vote yes to reconsideration and rehearing.

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Number three, MI 2024-004-320-6550 North Bouvier Street, I vote no to reconsideration and rehearing.

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Michael Johns, I vote no to reconsideration and rehearing.

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Cheryl Gaston, I vote no to reconsideration and rehearing.

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Tynetta Graham, I vote no to reconsideration and rehearing.

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Tywin, I vote no to reconsideration and rehearing.

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Number four, MI 2024-001-644-2135 West Venango Street, I vote no to reconsideration and rehearing.

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Johns, I vote no to reconsideration and rehearing.

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Gerald Gaston, I vote no to reconsideration and rehearing.

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Senator Graham, I vote no to reconsideration and rehearing.

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Tywin, I vote no to reconsideration and rehearing.

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Number five, MI 2025-000-457-1434-36, Federal Street, I vote no to reconsideration and rehearing.

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Michael Johns, I vote no to reconsideration and rehearing.

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Earl Gaston, I vote no to reconsideration and rehearing.

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Number six, I vote no to reconsideration and rehearing.

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I vote no to reconsideration and rehearing.

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And number six, MI 2024-001-169-10914, Nadina Court, I vote yes to reconsideration and rehearing.

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Nadina, Nadina Court, I vote yes to reconsideration and rehearing.

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Michael Johns, I vote yes to reconsideration and rehearing.

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Augustine, I vote yes to reconsideration and rehearing.

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Natta Graham, I vote yes to reconsideration and rehearing.

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Iowyn, I vote yes to reconsideration and rehearing.

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Number two, number two on the regular list.

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This is a vote only. MI 2024-004-738-401-203 Queen Lane. I vote yes with proviso. Maximum three dwell units, interior mailboxes, interior trash storage, and also per refusal dated 1-25-25.

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Michael Johns, my vote is yes with provisos.

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Cheryl Gaston, my vote is yes with provisos.

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The grammar vote is yes with provisors.

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And when my vote is yes with provisors.

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Brian McAdams, my vote is yes with provisors.

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Number three, MI 2024, 006243, 90 Rochelle Avenue.

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Ryan Bolin is the attorney.

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Wissahickon interested citizens associations

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submitting a letter of non-opposition

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we're back in as a panelist Mr. Chair

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sure

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good afternoon are you ready for me well most certainly sorry i i it went it went silent for

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a second all right yeah sure why don't you state your name and spell for the stenographer yes ryan

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boland b-o-l-a-n-d right um do you swear or affirm to tell the truth the whole truth and nothing but

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the truth yet uh could you identify a client narration relationship to the property yes i

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represent the equitable owner, Andrew Langsom. He is the equitable owner pursuant to an agreement

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of sale. Right. Do you waive the reading of the refusal and do you agree with its accuracy?

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Yes. Please start your presentation. Yes. So I'm here today with a letter of non-opposition

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from the RCO Wicca, as well as a letter of non-opposition from Councilman Jones. I'm just

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going to give a very brief summary of the long written submission I made to the board. I'll try

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to keep this as brief as I can. As was explained in Wicca's letter to the board, this project has

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been going on for many, many years. There have been countless meetings with the community and

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this has changed from a 60-unit apartment building to a 48-unit to a 38-unit to 12 units to 11 units

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And we're here today with 10 units, and we reached an agreement with the RCO yesterday, which is why there were some last-minute submissions.

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So I'm going to pull up the plans right here.

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Okay.

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Terrific.

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So I have here a rendering, and as you can see here, we have a 55,000 square foot parcel.

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It's unusually shaped because there are two different triangles.

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There's a triangle in the front and a triangle in the back.

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We're seeking the variances here to build these five twins, a total of 10.

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as you can see in the front here, we have a building that houses a doggy daycare. Under the

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RS3 zoning, which this was switched to in the past decade, the only use we're allowed to have

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is one use. And so we're not allowed to have anything other than the single use or the single

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building. So one of the reasons we're here today is because of the RS3 zoning. The applicant is

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going to present evidence as to the following elements needed to grant a variance. We're going

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to be presenting evidence that the hardship here relates to the unique physical conditions of the

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property such that it cannot be used for any permitted use. And that because of these physical

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conditions, we need a variance we cannot build within the code, that this is not a self-inflicted

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hardship, that the granting of the variance will not alter the essential character of the

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neighborhood, and that this variance is the minimum relief necessary to afford relief under

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the code. I'm going to briefly walk you through the written presentation. I'm just going to

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the written presentation i'm just going to quickly scroll here's a another angle looking

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quickly scroll. Here's

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looking down the tracks you can see the steep slopes here on the right

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i have the amended refusal i submitted the letter from the councilman's office

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of non-opposition i have wicca's letter of non-opposition

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i have some aerial photographs showing exactly where this is it backs into the

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Wissahickon Creek essentially. Some more photographs just just showing you can see

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how it backs into the residential. This is the existing warehouse I'm showing on the rear of the

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property. Here's the doggy daycare. Again here are just some some of the required views looking up

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the driveway towards Rochelle, looking out the driveway to the left, looking down the driveway,

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out the driveway to the right. Some views of what the houses look like in front.

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We have our photographs of, I will, I have the plans here. I will have our engineer

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walk you through those very briefly. I also have our application for appeal,

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which attaches some other ones that has a lot of background.

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Project information form, we have the agreement of sale.

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TAX CLEARANCE PROOF THAT WE MET WITH THE RCO WE ALSO ARE SUBMITTING TODAY WE JUST SUBMITTED

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ABOUT AN HOUR AND A HALF AGO REVISED PROVISO PLANS FORM THAT PROPOSES TO CHANGE THE FENCE

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THAT IS ALONG THE DRIVEWAY FROM FIVE FEET TO EIGHT FEET THE PLANS CALL OUT FIVE FEET

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However, the existing fence is eight feet, pursuant to a previously granted variance.

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I'd like to call first Kyle Dowdy, a member of the design team, if you can raise your hand, please, for the board.

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We were joining as a panelist.

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Okay, thank you.

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Thank you.

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All right.

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Hi, sir.

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Could you please state your name as spelled for the stenographer?

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My name is Kyle Dowdy, K-Y-L-E, last name D-O-W-D-Y.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Please proceed, counsel.

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Yeah.

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Did you hear the testimony and the argument I gave before?

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I did, yes.

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And to the best of your knowledge, was it true, correct, and accurate?

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And do you adopt it as your own?

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I do.

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Can you just really briefly explain to the board what your qualifications are to testify today?

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Sure. I have a degree in landscape architecture from Philadelphia University, and I've worked as a project manager with Regiro Plant Land Design for the last 13 years.

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Terrific. And can you just for like 30 seconds, just kind of briefly orient the board just really quickly as to what is in these plans?

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Absolutely.

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Shown on the screen now, the proposed layout for the development, 10 units in the rear,

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shown in dark gray.

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And then on the left side of the screen is the doggy daycare that was mentioned.

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In between, we have the proposed driveway with access to Rochelle Avenue and leading

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back into the site.

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It's a minimum of 18 feet wide, and in some locations, it's 24 feet to accommodate on

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street parking.

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We have raised crosswalks shown for enhanced pedestrian access.

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Terrific. Can you tell me a little bit about the site constraints here?

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Sure. The biggest site constraint, as mentioned before, is the configuration of the lot.

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The two triangles really restrict the available development area and the pinch point really restricts access to the site.

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We're required to have emergency vehicle access due to the length of the driveway, which would either require a T turnaround, as shown here, or a cul-de-sac ending.

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Cul-de-sacs would be prohibitive to this due to the 40-foot radius that's required.

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That cul-de-sac would take up the entire rear triangle, which would effectively make it useless for development.

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So this is the design that we went with.

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We also have constraints dealing with the water Wissick and Creek buffer to the right-hand side of the plan.

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We need to maintain the 200 feet away from the center line of the creek.

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We also have steep slopes, as mentioned, on the southern side of this plan, which we are impacting, unfortunately.

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We could find no other way of providing a viable development without impacting those steep slopes.

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Perfect. And I'm just going to try to expedite this as much as I can.

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Were you involved in countless meetings with the community to try and find new designs?

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Were you involved in countless meetings with the community to try and find new designs?

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Is that right?

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I was.

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I attended two meetings personally, and I know the development team attended others.

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And I also met with a local community member, Daniel, who was an architect with the RCO.

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And this is the best design you were able to come up with considering the site constraints without creating more variances?

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Yes.

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Yes, this is the best design we can come up with that the developers need as well as desires from the community.

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Can you walk me through some of the changes you made as a result of the engagement with the community?

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Of course. As you mentioned earlier, the unit count was reduced from 12 down here to 10.

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We have increased the rear yards of the units that are closest to Rochelle Avenue.

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They have more than a 20-foot rear yard from the rear of house to the property line.

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That is to accommodate an existing fence line there.

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um as well as provide more space for the homes we've also done the same on the eastern property

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line there which with even more space uh we have included sidewalks for pedestrians on both sides

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of the street where available there is one portion where we don't have it uh mainly where the steep

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slopes are we have included the raised pedestrian crosswalks as mentioned uh something to slow

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traffic uh to prevent you know high speeds going through here while pedestrians are walking um

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what else have we done and are you also aware that the agreement with the community um does not

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permit there to be any roof decks or pilot houses uh i believe that was discussed but not something

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that i was directly involved with okay um and i i want to just keep this moving um so in some you

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did it whenever you could in order to find a way to not generate more refusals and work with these

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10 units that the community wanted? That is correct, yes. Okay. I want to point you to the

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refusal. What can you tell me about the steep slopes refusal? So the steep slopes are effective

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on the southern side of the site. We have a retaining wall that is necessary to be installed

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to keep the driveway in a drivable condition.

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The slopes would otherwise call it severe cross slopes.

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That is necessary to be installed to allow emergency vehicles to make a safe turn around there with enough sight lines.

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So is it correct then that the steep slopes variance primarily relates to this unusual shape

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and this pinch point that I'm showing right here on the plans?

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That is correct.

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We couldn't avoid that steep slope via any forms of development in the site.

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And can you also, I'm showing with my cursor here, Unit 9, which is the one closest to the tracks.

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Can you tell me about that dimensional variance there?

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Yeah, so the rear corner there encroaches into the side yard ever so slightly.

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It is my understanding that the configuration of the units had to be uniform,

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so we were not able to cut that corner of the unit off to avoid that encroachment.

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And the layout changes here, they all relate to this pinch point and how you get access to the rear of the property.

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So that the reason for that dimensional variance, would you agree, ties in with the unusual shape of the property?

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It does. Yes.

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And you agree that there's a hardship to build these 10 units compliant with the code without these variances that are required?

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I would agree. Yes, that pinch point is very impactful on designs for the site.

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And is your testimony here today given to a reasonable degree of professional

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