civus
Hearing audio

ZBA Hearing - April 7, 2026

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

and not encroaching onto the orphan parcel the detail f7 shows that the foundation wall will

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go right up along where the property line is it will not encroach into the area once it is completed

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any any retaining wall that's encroaching onto our property line will be where it is pinned

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and tied together but the wall itself when finalized will only be within our 48 foot frontage

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it will not extend beyond our 48 foot frontage

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okay for clarity right anyone else in the audience

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no hands that's assigned here planning commission madison matera planning commission staff the

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Comprehensive plan recommends no change to the existing RSA 5 residential single family zoning at this location at its May 15, 2025 meeting the city planning commission voted in favor of the plat adjustment that created the three parcels from one existing parcel to support this project.

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okay

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mi 2025 004 706 184 cotton street

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if i may i there's a the refusal is a revised refusal i i give me a chance i'm i'm i didn't get

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to that point yet, please. Okay. I vote yes with proviso per refusal dated 12-3-25 revised plans.

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Per refusal dated 12-3-25, revised plans, one-page, stamped by TBA on April 7, 2026.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Ryan McAdams, my vote is yes with proviso.

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Tyra Wynn, my vote is yes with proviso.

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Thank you both of you.

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Thank you.

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Thank you, counsel.

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Take care.

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Okay, so now number one.

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um mi 2021 004 541 251 ripka street david orphanages he's the attorney i think he went outside

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mr orphan 80s

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mr grimes

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uh 45 minutes is that am i right this is the 45 am i correct

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just discussing that i was just weird if you saw when i said 45 minutes i mean are you i don't yeah

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i don't know about that okay all right you know fine with me

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okay i thought you were going to save us for the grant

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Mr. Orphanides, could you please state your name and spell for the sonographer?

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Certainly. My name is David Orphanides.

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My name is David Orphanides.

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The last name is spelled O-R-P-H-A-N-I-D-E-S.

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Do you swear or affirm to tell the truth, told truth, nothing but the truth?

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I do.

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Mr. Grimes, could you please state your name and spell for the sonographer?

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Joshua Grimes, G-R-I-M-E-S.

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Do you swear or affirm to tell the truth?

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Yeah.

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do you swear or affirm to tell the truth the whole truth nothing but the truth I do okay so

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this is a resumptive hearing I was just trying to listen to the recording out in the hallway

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to remember where we left off okay all right so where we are is it says the applicant David you

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will finish your presentation then uh the attorney the protestant attorney will finish his

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presentation i think you had one witness am i correct i i had uh yes uh one or two all right

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okay all right and then there'll be questions from the board public testimony and then also

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planning commission recommendation so mr orphanetes why don't you start and um try to finish your

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presentation certainly okay i'm going to share my screen

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i know okay i had one of my good friends

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there we go okay all right am i not sharing yet or is it up on there's nothing up yet here

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there we go all right so i believe when um we were here um last um i was having lx dollar who's

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the architect he was going through the project and he was talking about um really what we have

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here is we have an applicate real just real quickly in summary it's lot subdivision buy right

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lot sizes two single family homes um there are uh there's a steep slopes refusal there's a front

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setback refusal that was not included in the first refusal which i figured out and also i think mr

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hunter from mnc also mentioned we had the refusal corrected for that and then because both of the

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structures are attached they run the full width at least at the front full width of the lots there's a

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uh refusal for parking from the front and through the course of um the uh the meetings with mnc

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um feedback from the neighbors that mr grimes represents um there was a question as to whether

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or not well originally the first refusal included a height refusal we made the adjustment and

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eliminated the height refusal um with the changing of the location of the two houses

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uh really i think what it comes down to right now is that we've moved it from further back in

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the lot the two houses where the steep slopes aren't as bad a little closer to the front but

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it's not all the way to the front and it seems that what we're receiving feedback from is to move

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the houses all the way to the front of the lot and there are issues um for us to do that we're

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not trying to be difficult i know there's some concerns regarding blocking the views of the

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i know there's some concerns regarding blocking the views of the houses at 263 hermitage

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houses at 260.

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and some other concerns that they may have that they voiced but there's a reason for why we're

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staying where we are and that has largely to do with the steep slopes that are located at the

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front of the property the grade not only heading back up the property but across the front of the

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property as you'll recall and as you see in the photograph this portion of ripka street dead ends

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and at dead ends it goes very steep um because you can't connect with the upper part um it's

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much steeper actually than what our property is although there are you'll hear our engineer testify

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um that at the front which i had shown in the last hearing um we had color coded the topog the

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topographic survey and the purple was the darker was it darker color was the steeper slopes i had

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mentioned that those slopes were 45 plus and the engineer and she'll testify is there actually some

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slopes at the front of this property that are 75 to 80 percent and because of those things it not

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only impacts the cost of construction which you're going to hear a little bit but it also impacts

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what we're able to deliver because of the slopes you're going to hear that we're instead of having

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two car parking at each of the houses when they're set back to where we want to have them again which

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pulled further forward than what was originally proposed we got as close as we could to the front

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um there would only be one car which is uh all the properties on the other side of the street

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all our front-loaded parking were far up the hill from wild and that also creates an issue for us

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in terms of marketability and um and just viability of the project so at this point um

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i think alex dollar did a pretty good job the last time talking about why we had moved it and um i

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I think I'd mentioned at the last hearing we had we have an analysis of a financial analysis report that was done by Rittenhouse appraisals and then there was a question regarding the sleep slope provisions of the the zoning code for the granting of variances.

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And I would I'm going to address those right now and so I do have a report here that you can see right here that was prepared by Rachel.

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and um excuse me if I butchered the last name but D Domenicis and um I believe she's on right

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now and she can testify as to the steep slopes uh criteria in the zoning code for the granting

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of a variance revolving steep slopes Rachel

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they're being promoted to panelists here thank you

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Good morning.

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Could you please state your name and spell for the sonographer?

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My name is Rachel DiDominicus.

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That's R-A-C-H-E-L.

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Last name D-I-D-O-M-E-N-I-C-I-S.

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Do you swear or affirm to tell the truth, told the truth, nothing but the truth?

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I do.

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Counsel?

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um rachel um and for the board rachel's uh i don't know that she's appeared before this board

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before i'd like to qualify her as an expert um can just take a couple minutes and run through

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her cv or i mean she is a licensed engineer in the state of pennsylvania and some other

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jurisdictions as well for the purpose of the testimony i don't have any objection okay

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all right we can just get into it that's fine i'm just thank you just real quickly rachel

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are you you're licensed uh as an engineer in the commonwealth of pennsylvania yes and that

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is your seal that we see on the front of the report that's up on the screen right now yes

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and are you licensed in any other jurisdictions any other states uh i'm also licensed in new

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jersey maryland delaware and new york okay thank you and then um that you i have in front of me a

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report dated april 2nd 2026 sites for um it says deep slope analysis report for 251 ripka street

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did you prepare this report yes i did and did you prepare it for the owners of the property

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uh bqn realty llc yes and i can flip through um it can be your vanna white flip through this as

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you need um but if you could real quickly because i know we're a little bit on a tight schedule

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today not really 45 minutes let's let's let's start with the you're aware that the zoning code

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has certain criteria involving steep slopes and variances from the steep slopes requirements

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uh in the zoning code correct yes that's correct and i flipped to page seven and i'm just going to

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go right to the summary then we can back out to your reasoning for this but in in um in that

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provisions of the zoning code um that deal with that and i have those right here it's 14

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um that deal with that and I have those right here it's 14 303 8 uh Romanette or 8i and then

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um 1.1.a b and c and those criteria say that any requested variance for the property will

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not result in any of the following an increase in stormwater runoff the shifting of earth to

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adjacent existing buildings and structures downslope or immediately upslope or an increase in

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likelihood of loss of property and then there's also reference to an earth moving plan um described

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that complies with 147042c earth moving plan real quickly in terms of uh 8i.2 uh romanette 1.2

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you did your your report includes an earth moving plan that complies with 147042c correct yes that's

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correct and then flipping back to your um back to your study back to your report

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you um oops there we go um do 4.1 4.2 and 4.3 address those three criteria that i just read

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from the zoning code regarding the granting of a variance uh involving uh steep slopes

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yes that's correct and can you real just quickly summarize what you certified regarding each of

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those criteria sure so for the increase in stormwater runoff i reviewed both the existing

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conditions and the proposed design and based on my analysis the proposed design will include

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capturing 100 of the runoff generated by the new impervious services so this will eliminate any

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additional runoff um so basically the project produces no increase in runoff and actually

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you end up with a net decrease in runoff off of the site and that's with the granting of the

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requested variances correct correct and then the shifting of the earth so with through with regards

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of the shifting of the earth all earth disturbance associated with the construction will be performed

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using excavation support systems as outlined in a geotechnical report which is also included

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as an appendix to my report to confirm that no neighboring properties will be affected by

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construction and in addition we also have a erosion and sediment control plan prepared

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which will ensure that no sediment leaves the site so with regards to the shifting of earth

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the granting of the variance will not result in any shifting of earth to adjacent buildings

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and structures. And then with regard to the likelihood of the loss of property,

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the requested variance will not increase the likelihood of the loss of property

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because under current conditions you have uncontrolled runoff on pretty extreme steep

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slopes. Like you stated earlier, the slopes at the front of the property go up to 70 to 80 percent.

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under current conditions those are at risk for erosion and other problems so

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by reducing those front slopes we're actually putting the property into a

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more stable condition sorry sorry what was that I don't think my volumes up

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okay was that you all right so and then 4.4 reference to the earth moving plan

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that's included as an exhibit at appendix c and that that complies with 147042c correct correct

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and then just real quickly for the benefit of the board because this is a criteria for the granting

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of a variance one of the hardships is the unique physical characteristics of the property we've

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touched on it you know i touched it in my opening again today we touched on it the last hearing

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pretty more than touched on it um but as the engineer here um can you speak to the unique

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physical characteristics of this property and the difficulties in having the houses located at the

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front of the property. If you are able to look at the topography plan which was provided which

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you mentioned earlier which has the color-coded steep slopes the majority of the steepest slopes

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are located directly at the front of the property. In the rear of the property where they're much

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more gradual which is where the proposed buildings are being placed it allows for much safer

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construction conditions um and if you can take a look some of these slopes are actually upwards of

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almost 95 right at the front okay um i know there was some concern expressed and i think you already

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addressed this but uh and just in general um with this the uh in referencing or addressing the

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criteria for the granting of steep slope variances but uh there was some concern regarding uh 263 and

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their retaining wall that is located to the—as you look at this topography to the right—again,

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with the development of this property, do you foresee there being any issue regarding

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with the granting of the variances to develop in the lesser of the steep slopes where we're

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to develop in the lesser of the steep slopes where we where we're proposing to locate the houses that there's any risk to the soil or the support that's provided with the retaining walls for 263 based on the findings in the geotechnical report.

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proposing to locate—

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No. Okay. I have no further questions of Rachel at this time, but I've reserved a rebut.

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have thank you mr chairman um just a few questions um rachel you just i believe offered testimony

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um that um the steep slopes at the front of the property are more extreme those are my words not

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yours right that's a sense of it um so it's better to to put the houses further back i believe you

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offered testimony like that is that correct um yes okay so but there's a driveway a shared

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driveway proposed here at the front of the property isn't there correct so aren't the

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steep slopes at the front of the property going to be impacted under the application is submitted

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yes okay um could the property could the houses be relocated at the property line with no setbacks

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gonna object i mean i'm gonna object could they i mean it's just asking in general

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change the wording yes would it be a given that there's already interference with the

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steep slopes for the driveway, as you just testified. Would it be a dramatically larger

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impact on the steep slopes if the property, if the houses were located at the property line with

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no setback? Based on the design that's been looked to, moving the houses forward adds additional

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requirements for retaining walls at the end of the street. I believe it was a cost factor that's

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affecting that okay if there was no driveway at all um and the properties were right up against

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the property line would the steep slope disturbance be less no they would not because

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without a shared driveway the property is why would they not be less is the property not going

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be as length as you know as long sorry i'm not understanding the question they still have to

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disturb the steepest slopes which are at the front of the property i'm not asking that i

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you're you're and i don't mean forgive me you probably didn't understand my question let me

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if there was no driveway and the homes were right up against the property line um presumably

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the homes would have less of a footprint on the property. So would that require less of a

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disturbance of the steep slopes? No, because the steep slopes are located at the front of the

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property. So it's your testimony that we're looking at a chart that shows some steep slope,

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I believe, towards the middle of the property, if not towards the top, that that's not a steep slope?

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those slopes are so the range there we have some 22 19 those all fall under the 25 steep slope

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okay um and and we're discussing my last question we're discussing steep slopes as

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being a unique hardship are you steep slopes and i mean are you familiar with maniunk

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yeah are steep slopes unique to this property in maniunk

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um i mean i can't really speak to to the whole of so is it your testimony that there are no

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as far as you know are there other are there other steep slopes in manioc you're saying you

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don't know the answer to that i think we can stipulate through steep slopes the question

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