civus
Hearing audio

ZBA Hearing - April 7, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 7, 20262h 41m

mason matera planning commission staff m-a-d-i-s-o-n-m-a-t-e-r-a do you swear or affirm

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to tell the truth the whole truth nothing but the truth yes please proceed the comprehensive plan

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recommends no change to the rsa 5 residential single-family zoning at this location this

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property has a documented history as a two-family dwelling with the commercial space converting the

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vacant commercial space into a third unit brings the property into closer conformance with its

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residential zoning the city planning commission recommends the board grant the proposed variance

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for three dwelling units thank you mi2026 000 483 6203 western rod avenue i vote yes

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michael johns my vote is yes charles gaston my vote is yes tennetta graham my vote is yes

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Ryan McAdams, my vote is yes.

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Kyle Nguyen, my vote is yes.

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Thank you, board.

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Thank you.

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Thank you.

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Army?

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Go back to number five.

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MI 2025-005-345-6040 Edmond Street.

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Sevian Rodriguez is the owner.

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they're being promoted to panelists here okay

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how you doing everybody good morning could you please state your name and

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spell for this stenographer my name is sabian rodriguez um my name um the way how you spell

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is s-e-i-v-i-a-n rodriguez is r-o-d-r-i-g-u-e-z you swear or affirm to tell the truth the whole

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truth nothing but the truth yes okay so this is a resumptive hearing and what we're scheduled to do

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you're going to present supplemental information that um came out in the last hearing there'll be

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questions on the board it'll be public testimony and the planning commission will make a recommendation

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so why don't you start your presentation if you want you can give us a quick overview of what

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you're trying to do and what the supplemental information is okay okay um so my my apartment

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building it has two units on the top um it has a basement that's on in the front of the house that

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has a separate entrance um so i'm creating it as a unit uh for me and my wife to live

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we're college students so i was like you know you know what's better than you know

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having a place you know running out your own place you know what i'm saying you living in

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your own place so i don't have to pay monthly rent um because you know times is hard so you

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know, I was like, you know, make it to our own. So, you know, we decided to put it as a unit to

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try to make it as an apartment, that basement. And then, you know, we got stopped.

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make it as an apartment that basement and then you know we got stopped uh because of the you

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know permits and all of that that we you know and because of the zoning so why don't why don't you

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show photos again so we can oh so let me see right here and pull up the photos this is in a way

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let's see so these are the this is the photos of the property this is the front of the property

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this is the front of the property right here you see where the door is open that's the unit that

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we're trying to make um for us to live in uh this is the side of the property right here

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this is where you put the trash on the side of the property

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this is where this is unit one this is unit two this one goes upstairs to one unit

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this one this um second unit is in the bottom

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and this is the back of the house and um this is photos of potentially unit three

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uh this is the living room slash um kitchen uh this is the laundry room

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um this is the hallway

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um this is living rooms this is the other angle of the living room slash dining room

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slash kitchen uh this is the bathroom uh do you have do you have plans for this to show yes

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yes i have plans why don't you show us the plans okay the plans this was a basement before

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with two apartments above yes pull up the plans plans a lot of plans right here so this is the

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plans so this is this is the potential unit right here this is the entryway entrance this is where

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the kitchen is going to be at this is where the living and dining room it's going to be at

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the restroom this is the laundry room and then this is going to be a bedroom and it's the closet

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and this is where you get to the water the heat the water gas uh and this is the

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this is the second unit this is the first unit this is the one that you go upstairs

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and there's the living dining room bathroom and this is the third unit right right here

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third unit so you currently have two units there yeah i currently have two units you're trying to

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convert the basement into another unit? Yes. And this is the supplemental information is the

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drawings? Yeah, this is the drawings. This is there anything else that you want to supplement

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this with? I have more photos of the basement. So I think we saw the photos. Yeah, yeah. Okay.

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questions from the board

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let me ask you this what's the rest of the block how many units are on the rest of the block

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there are duplexes all along there yeah there's a duplex all along beside me is this the first

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basement that's being converted to a third i'm not entirely sure um i know there's properties

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in the area that also was a rsa3 just like me and got converted to arm one okay questions from the

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board so you're um the mechanical for the upper units is in your unit is in the basement yes

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so you're going to keep the mechanical and the hot water for the units above in the uh

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in in that unit in that third unit yes okay i believe your your your basement is below grade

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and the back so you would need egress wells out of there yes this is uh right here in my drawings

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um this is the potential egress window this is where it's currently um planning to go to

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it's really more room yeah you may have an issue with the ceiling height of your ceiling height is

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only seven feet yeah so but that's all i have all right i mean i'll i'll just say that your living

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space still for the two units that you plan to rent out is still very small for the bedroom to

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public space ratio so that is something i know i mentioned it last time that's still the case but

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But I do think that the, the plans are a lot easier to read. So thank you for.

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Doing that questions for attorney.

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Briefly, Mr. Rodriguez, there's no excuse me. There's no parking at the property. Is that correct?

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Yeah, there's no parking. It's public parking.

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Yeah, there's no parking public parking. Okay. All right. I just wanted to check that because it is zoned.

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Okay. All right. I just wanted to check that because it is zoned RSA 3, which requires parking, and that was not noted on the refusal.

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Nothing you need to do. I'm just noting that for the record. So, thank you.

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Okay.

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Questions or comments from the audience or the virtual audience?

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No hands at this time.

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Planning Commission.

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Cymaterra Planning Commission staff comprehensive plan recommends no change to the RSA 3 residential

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single-family zoning at this location there's a documented history of two dwelling units via a

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two-unit rental license for this property it appears the appellant did work to convert the

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basement into a dwelling unit without the benefit of permits the appellant has not demonstrated

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that three units is the least minimum the Planning Commission recommends the board deny the variance

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for three dwelling units mi2025-005-345-6040 edmond street i vote yes michael johns my vote is yes

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cheryl gaston my vote is yes tenetta graham my vote is yes ryan mcadams my vote is yes

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thank you sir you have your votes thank you so much appreciate it um so what do i do for um

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What is the next? You can give the office a call. They'll take care of you. OK. OK. Thank you so much. I really appreciate you. Thank you. Thank you to all. All right. Number four. MI 2025 004706184 Cotton Street. William O'Brien is the attorney.

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OK.

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Mr. O'Brien, we'll wait for this other attorney to come in.

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so uh Mr O'Brien could you please state your name and spell for the stenographer

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yes good afternoon william o'brien w-i-l-l-i-a-m o'brien o-b-r-i-e-n

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all right do you swear or affirm to tell the truth the whole truth nothing but the truth

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i do counsel could you please state your name and spell for the stenographer

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richard vanderslice for the neighbor fran pillar v is victor a-n-d-e-r-s-l-i-c-e

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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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This is a resumptive hearing.

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And what we have here is the applicants will finish his presentation.

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Protestant will have his presentation.

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I do see a note here that the protestant's attorney may wish to cross-examine the property owner, but I think what we're going to do is start with Mr. O'Brien to finish your presentation, and then we'll go from there, okay?

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Thank you. Mr. Chairman, just to remind the board, at the last hearing, February 24th, I didn't get a chance to enter anything.

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Okay. So do your presentation. Thank you.

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I'm just rejoining now.

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Oh, yes. Mr. O'Brien, so you know, we have several complicated cases today, including I'm

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going to call yours a complicated case. Maybe you will not call it a complicated case, but

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you have 30 minutes and then we're going to have to have a resumptive here. I'm telling the both

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of you, okay? So if we can, we'd like to see you get this in in 30 minutes. In respect for the

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board's time, there's still an outstanding LNI appeal that affects this matter, which is why

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Mr. Pillar is contesting the matter. It affects the retaining wall that

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um um our position is it it doesn't their plans do not uh address the issue that's the portion of

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that appeal yeah i'm not i'm not sure that we're that's what we're here to hear am i correct hillary

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it it was the we're going to address that okay you're going to okay yeah i was going to say i

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believe i believe there was already some information submitted about the retaining wall

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discussed previously and i'm and it's not on the subject property i'm correct okay it's an orphan

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It's an orphan parcel between Mr. Piller's property.

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parcel between mr pillar sure yeah all right so i want to use

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Yeah.

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So why don't you start?

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This is the refusal.

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There are two, the property zone at RSA 5, the proposed use, single-family attached homes, is consistent with the neighborhood.

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The two refusals, one is for not having a shared driveway for the parking, and the second is for disturbance of some steep slopes.

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Because of the topography, it's literally impossible to have a shared driveway, and you'll see that in a moment.

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and um the uh the steep slopes is actually uh the result of this failed retaining wall and

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how we're going to address it um the uh applicant met with the rco many up neighborhood council uh

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it was their position is non-opposition their report which you have in front of you now it's

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a lot there are 55 persons present but only 34 votes were recorded so i i really can't explain

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that but the position is non-apposition um this is an area this is an atlas map uh here you see

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uh the location of the parcel it's at the corner of cotton street and boone street

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and as i said with the exception of across the street which is a former

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dining hall which was converted to apartments rm1 the rest of it is older rsa5

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um get some just photographs just have to change the

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size okay so that is the existing attached single-family home at 184

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cotton street you see to the right there's some green space that extends uh approximately 60 feet

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to Boone Street and it behind that post on the porch you can see a stone wall that's the failed

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retaining wall. This is the view from Boone Street and this is a view from the top of that wall at

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Boone Street looking down. The structure you see behind those saplings, those trees, is the 184

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Cotton Street. That's the structure. And the change in grade is approximately 20 feet

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from Boone Street down to that house.

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This is another image, a bit of a closer image, showing the failed retaining wall.

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this was cited by the city in 2008 as being imminently dangerous

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um its condition hasn't changed since then um i'll come back to more of that in a second

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uh this is the subdivision plan

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here you see the existing condition here is the three-story house and then to the right

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going east is open area and then boone street here at the right and the proposal is to subdivide

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it into three lots uh rebuilding a new home or the where the existing house is on cotton street

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and introducing two new homes on Boone Street, premises C and premises D.

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Above premises D, where I'm moving the cursor, you can see the wall and the note dilapidated stone retaining wall section.

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As you can see, it's not on the lot.

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It turns out that the wall is on an orphan parcel.

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the properties to the south excuse me to the north are 43 34 and 43 34 and a half boon street

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their legal descriptions come down and there's about a three foot gap and that's where this

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wall sits so we uh attempted to file a development plan and we were told no you can't we don't accept

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development plans when there's an unsafe condition we should know we know the house is unsafe and

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we're filing an application to demolish it no no no there's a wall we time out the wall is not on

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our property well there's nothing we can do licenses and inspections cited your property

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and the neighbor's property and you're gonna have to live with it so we filed an appeal to the board

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building standards and the board suggested that because of the proximity of this parcel d

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and the failed retaining wall it was suggested that we incorporate our foundation and the failed

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It was suggested that we incorporate our foundation and the failed retaining wall to correct the problem.

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We agreed to do that.

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The board said, okay, we'll file an application to demolish, file an application with your structural plans showing that you're going to incorporate this failed retaining wall into the foundation.

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And then you'll be able to submit your zoning application, your development plan.

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So this, that was the recommendation.

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Here's the notice of decision.

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we have an applicant has 120 days from today's date to apply for a make safe permit for the

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retaining wall demolition purse for the house and a zoning permit for the new construction we did

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get an extension to that ultimately we submitted a complete set of structural plans this is page

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s3 zero I think the whole set is about 30 pages long but you can see this detail

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I'll make it as large as I can.

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This detail, it shows the retaining wall on the left, the failed retaining wall, and then

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the new stone foundation.

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this was reviewed by L&I and approved and part of that application included an affidavit from

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the structural engineer this is to certify that we have evaluated the condition of the existing

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retaining wall between the property at 184 cotton street and 43 34 and 43 34 and a half noon street

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and it is our professional opinion that this wall can be and will be incorporated as part of the

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structural design foundation wall system for the proposed three-story building on 184 cotton street

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let me show you what is proposed for this site

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So this, there is a one-page proviso plan.

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We met with the Civic Group's zoning committee, there were some suggestions made which were

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incorporated into the design you see.

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Originally, we had the parking next to each other with one large curb cut.

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The RCO observed that if we separated the parking garages, that it would provide an on-street parking space.

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So we made that change.

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And then additionally, you'll see in subsequent renderings, the original pilot houses for the roof decks were at the far ends of each house.

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We moved them to the middle so that there was less visual water from those that live to the east.

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This is an image showing, so this is the proposed new house on Cotton Street.

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And these are the two houses proposed for Boone Street, showing the rear of the Boone houses and the front of the 184 Cotton Street.

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they all have roof decks they're all height compliant

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this is a side view showing so Cotton Street is on the city plan it is not open as you can see

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it's a sidewalk with stairs to Boone Street that will be retained and and landscaped

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The

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.

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According to the driveways, this block

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of Boone Street has

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