civus
Hearing video

ZBA Hearing - December 10, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Dec 10, 20256h 33m

and what's the justification for doing solid garage doors if it's open air

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uh let me let me go back to that

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as opposed to having clear light

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i didn't hear i missed one i didn't hear you on that one i'm sorry anything with a higher

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transparency yeah i just thought i think it's done for privacy i mean if you had a if you had

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a fence there uh or box fence or something like that um you would still have some privacy for the

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yard and i think that was the point for this and to make it i mean it's brick uh it's it's

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It's kind of rich for a garage front, but we thought this would go over better, frankly, with the neighbors and a community group.

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Okay.

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Any other questions?

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Questions from our attorney, Hiller Emerson.

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No questions, Mr. Chair, just a comment.

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I think based on hearing the testimony, we can vote these two matters together if the board wishes.

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Sure.

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Thank you.

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All right.

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Questions or comments from the virtual audience?

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planning commission and i'm sorry chairs no hands okay thank you i'm surprised mr everett's not on

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but go ahead michael gallitz philadelphia city planning commission the comprehensive plan

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recommends no change in zoning from the existing rsa5 residential single family attached zoning at

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this location the curb cut off american street is an existing condition however the appellant

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has not shown the compliance with fence requirements would cause economic detriment

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planning commission therefore recommends the board grant the requested variance for curb cut location

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but deny the requested variance for fence height and opacity okay thank you um we'll go both

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together. Number 12, MI2025-004-750-227 Fairmont Avenue, TB263537. And number 13, MI2025-004-751-227

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Fairmont Avenue, TA263537. I vote yes for both. Michael Johns, I vote yes.

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for both.

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Cheryl Gaston, I vote yes for both.

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Cheryl Gaston, I vote yes for both.

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Tanetta Bram, I vote yes

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Tanetta Bram, I vote yes for both.

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for both.

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Ryan McAdams, my vote is yes for both.

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Tywin, my vote is yes for both.

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Thank you.

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I'm going to end the preamble for the 3.30 list, so just hang around a little bit, okay?

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All right, sure. Thank you very much.

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Sure, sure. Good afternoon, everyone.

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My name is Bill Bergman, and I will be chairing this 3.30 meeting of the Philadelphia Zoning Board of Adjustment.

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With me is our board vice chair, Tanetta Graham.

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Present, Mr. Chairman.

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Our board secretary, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Board member, Michael Johns.

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Present, Mr. Chairman.

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Board member, Ty Wynn.

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Present, Mr. Chairman.

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Board member, Ryan McAdams.

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Present, Mr. Chairman.

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Also present is our attorney, Hillary Emerson, our zoning board director, Ane Haggerty, and our board administrator, Lakeisha Dandy.

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Recording of this hearing will be posted on the ZBA website.

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By participating, you consent to be recorded.

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This is an in-person meeting with remote capabilities.

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Whether remote or in person, if you're called to speak, you must state and spell your name

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then wait to be sworn in.

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Once you've been sworn in, please state your name each time before beginning your testimony.

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Any person may enter their appearance to become an interested party to a case.

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There are three ways to enter your appearance.

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Identify the case property address on your Zoom webinar.

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You can see a staff member, or you can call the ZBA appearance line by the close of business tomorrow.

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Call 267-270-5548.

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Leave a message that includes your email address and the property of the appeal case.

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The following guidance is for our remote attendees.

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When directed, you must raise your virtual hand in order to be recognized to speak.

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If you're called to testify, you will be prompted to join us at panelists.

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please accept the request and turn on your camera.

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The webinar Q&A is for questions about the hearing.

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Do not comment on cases in the Q&A.

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And fourth, if you're participating by phone,

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press star 9 to raise your hand and star 6 to unmute.

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So let's look at our schedule for this afternoon.

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Number one, MI 2021-004-365.

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4501 to 03 Belgrade. This case is continued until 4-8-26 at 3.30 p.m.

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Must be heard. Must be heard. Okay.

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Number two. Well, let me go right down the line here. Number two, MI 2023-006-895-2873 North Lee Street.

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Michael Ruth is the listed owner, the applicant pro se.

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We have no updated exhibits.

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This is the fifth listing.

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It was continued 12-10-25.

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Exhibits were submitted on 6-11-25.

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Mr. Ruth.

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Mr. Chair, I just want to note for the record that in September, the deed for this property was transferred out of Mr. Ruth's name.

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Right. So we don't believe he has standing any longer to pursue this appeal.

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Thank you very much. So, MI 2023-006-895-2873 North Lee Street, I vote to dismiss.

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Michael Johns, my vote is to dismiss.

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Cheryl Gaston, my vote is to dismiss.

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Tanetta Graham, my vote is to dismiss.

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Ryan McAdams, my vote is to dismiss.

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Iowa N, my vote is to dismiss.

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number three mi 2024 002 779 6907 to 11 torsdale avenue this case is continued to 418

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26 at 3 30 p.m and mark must be heard

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number four mi 2025 002 448 1506 cambridge street henry clinton is the attorney

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good evening mr chairman just for the record mr clinton could you state your name

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sure henry clinton could you identify your client their relationship to the property

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sure my client is 1901 spruce family limited partnership and the general partner john roderick

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r-o-d-e-r-i-c-k is on the call and mr clinton we have a letter of non-opposition from council

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member young and it recommends for support from united france and phil civic association

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The vote was 10 in support, 5 in opposition, 4 in non-opposition.

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And our vice chair has a few questions.

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Good evening.

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Have you submitted your documents and exhibits five days in advance of this hearing?

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Yes, Ms. Graham.

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

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

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I do.

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I do.

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Okay, thank you.

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You can share your screen and begin with your case.

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Is that visible, Mr. Chairman?

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It is, sir.

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All right.

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Again, good evening, Mr. Chairman, members of the board.

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I'm here on behalf of the 1901 Spruce Family Limited Partnership.

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This is kind of a unique project, kind of interesting.

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So we're asking for a single-family home to be constructed upon an existing garage, which is a custom woodworking shop, and with multiple decks, porches, on a lot that's 100% lot occupied by the building.

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And the big issue is we have exceeded the height limitation of 38 feet by about 8 feet or so.

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But hopefully, if I explain this properly, you'll understand why.

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Table contents A1 through A10, which I ask be admitted.

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Here's the refusal.

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So erection of an addition above an existing attached structure, that's the woodworking, custom woodworking shop, with two roof decks for use as a single-thombie household living.

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So because of the configuration of this lot, we don't have a rear yard, and we're 100%

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lot coverage.

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There's really nothing we can do about that.

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So we're kind of stuck with that.

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Since we couldn't go back, we went up.

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And when you look at the height of the building in context to the duplexes that are next to

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it, it really doesn't look overwhelming as one would suspect if you just hear, oh my

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God, it's almost 47 feet high.

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We do have an RCO letter of support, and Mr. Chairman, you did outline what the vote was.

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So here are the aerial photographs.

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To the right are six duplexes, and when I get closer, you can see that there's three meters on the front, one for each dwelling and then one for the common usage.

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Here is the one-story building in between, and there's Multithami on the left also.

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A closer view, just to give you more context, this is the view from the back.

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This brown or pan area is not my client's property, nor is the area where the trees are.

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There is a rear door leading out there just for fire escape or for whatever to get air into the building, but is not owned by my client.

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My client has tried to purchase it, but it has not happened because he really can't find the owner.

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Again, some more contextual shots.

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This is the front of the building, so we're going to maintain this.

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It also used to be, from what I understand, and Mr. Roderick can address this more,

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an area where they would bring in pieces of trolleys and have them repaired.

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And that's why this area here above the door is an I-beam that's pretty long.

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Obviously, it spans the whole building, but it's two feet tall.

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And Mr. Roderick can also attest to that.

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This window, we're going to keep it, and we're going to keep the opening to the front door.

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But we're going to put in addition, hopefully, on top of it.

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To the right, this is an older photograph.

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This used to be a church.

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This church was knocked down.

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It was just a brick structure.

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I actually was involved in that about 10 years ago.

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This has been demolished, and all the duplexes that are there that I showed you in the aerial photographs are there now.

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There's an alleyway on both sides.

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There's a four-foot easement on the right-hand side to get to the rear.

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And I'll show you that on the site plan.

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We're now looking west on Cambridge.

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You can see the three meters for each of the duplexes.

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plans i i do have a proviso form because we changed the look of the roof it was a a gable

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roof excuse me it was a mono roof and we changed it to a gable and i have a rendering to show you

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that so here's a here's a side view of what it originally looked like it was a you know a mono

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a mono roof really not without any detail and as a result of the community meeting and just

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going back and forth with the client, we changed that. But I wanted to show you the site plan

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and blow it up because you really can't see the dimensions. It's only 21 wide by 34 deep. That's

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what this brick structure is right now. And as I said, there's an easement on the right-hand side

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to get to the rear. There's also an alleyway on the left-hand side. The area in the back is not

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owned by my client. You can see the properties on both sides really, really dwarf the subject

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really dwarf the subject property. We're going to have roof decks front and back again,

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property. We're going to have roof decks front and back again.

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because we don't have any outside space. The client thought it would be best to try to take

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advantage of whatever you can on existing footprint. And when you do that, obviously,

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you're losing living space and that accounts for the extra height in the building.

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So, this is a rendering of the front of the building.

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I have some color renderings that really show what the building is going to look like because

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I think it's a little bit difficult to discern with this whole roof structure going on.

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But as I said, we're going to have the garage door that's going to stay there.

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There's a curb cut existing, windows on the left, windows here, and some paneling in between,

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and then a porch slash deck on the top floor.

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So, again, let me show you the renderings, and then I think that will be more impressive than what I'm showing you here.

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So, this is the gable roof that we're now proposing.

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Again, the height is still at the 4610, but it makes for a better project.

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The client thinks so, and I believe the community group thinks so also.

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So, I'll go through the floor plans.

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Excuse me, first floor.

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There's no basement here.

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First floor, it's going to be a flex room, maybe like a little office, a bathroom, and then a parking space.

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Second floor, pretty straightforward, kitchen, living area, the porch.

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Third floor, two bedrooms.

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Fourth floor, a primary bedroom with a roof deck.

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And also there's some light and air here coming in on the third floor.

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So this is a rendering without the roof.

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I do have a rendering that shows you the roof, but this is a look of us maintaining the garage door, opening up that boarded-up window, and keeping the door here.

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You can see that there's alleyways on both sides.

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And this is the rear of the property showing decks on all three floors.

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Again, the height contextually.

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I have a view that's going to show. Here it is. So this is the roof, and these are the pilot houses

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on the duplexes that are next door. The duplexes are 38 feet. They were within code. I actually

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was involved in that project too, but the pilot houses are about 10 feet. So when you look at

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The overall context of the houses to the west, our roof is probably a little bit less in height than if you count the pilot houses.

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I wanted to see if I, yeah, so this is a shot I wanted to show you.

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with the pilot houses next door,

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our building is slightly less in height

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