civus
Hearing video

ZBA Hearing - November 4, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 4, 20207h 39m

to commercial use after 70 years of the structure existing as a duplex.

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We submit this as the least minimum variance as we're not requesting any dimensional variances

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here. The request is to confirm a long-standing use as a duplex, which is a permissible use,

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without the never-existent commercial on the ground floor. We submit this will not increase

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local congestion or endanger the public. The proposal will not impair light and air or negatively

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impact surrounding properties. It's already set up as a duplex for the last 70 years, and that will

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remain the neighboring properties are also solely residential uses with no commercial

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and this will ensure the use of the property remains in harmony with the use of surrounding

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properties we submit the variance complies in full with the provisions of section 143038 of the code

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as is further detailed in my memo of law submitted at tab 10. we did meet with the community we met

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with chew and belfield neighbors club association and their letter of support i'll put up on the

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screen is attached at tab two. Brad, have you heard all of my testimony offered before the board today?

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I have. And would you agree that testimony was true and accurate and would you adopt that

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testimony as if it were your own? I do, yes. And we're happy to answer any questions. Thank you.

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Questions from the board? No. No. Anyone else would like to testify in this case? If so,

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please raise your hand here i have charles richardson mr richardson you can unmute yourself

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and wait to be sworn in morning mr richardson please identify yourself with the record not

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swearing good morning mr chair charles richardson from the office of councilwoman cindy bass

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room 312 city hall are you firm to tell the truth the whole truth nothing but the truth

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i do uh just uh calling in to let the board know that councilwoman has no objection

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to the granting of this variance you did you wish your boss happy birthday today

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i did there you go letter all right uh planning commission i'm sorry chair i did have someone

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else oh i'm sorry that's okay thank you i'm miss illisane barton you can unmute yourself and wait

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to be sworn in good morning ma'am please identify yourself with the record spell your first and

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last name and provide us with your address oh i'm sorry i had a question for something else i

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not didn't reference this probably no problem thank you here we can move on no thank you

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no problem thank you here we can move on no thank you thank you planning commission

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thank you planning commission

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chairman members of the board this is paula brumblow burns with the city planning commission

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just lost it uh this property is indicated for commercial use on the comprehensive plan

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this property was built as a residential structure without first floor commercial

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accordingly we have no objection to the commercial not being included this location thank you

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MI 2020-000770-1226 East, Chelten Avenue. My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you.

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Thank you.

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You're welcome.

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Next one up is MI 2020-001209-1519 West Benangelo Street.

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this is Sharon I have no record of having received exhibits in this case

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thank you is there anyone here for 1519 West Venango street

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uh chair I have uh Lijan are you the applicant or hi good morning hi Lijan Liu I am the applicant

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and the owner. Okay, if you wait one minute, I will promote you to panelists. Thank you.

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Chair, he's promoted for the swearing name. Thank you, sir. Please identify yourself. Spell your

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first and last name. Hi, yes. First name Lijion, L-I-J-I-O-N. Last name is Lou, L-I-U.

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You swear and affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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According to our council, we did not receive any exhibits.

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Okay.

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I believe my architect emailed it, all the information and exhibits to the zoning board.

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When he emailed it, sir.

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If I, let me just go back to my email, maybe.

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This is Sharon.

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Could we, Tanya, would it be possible to check if the RCO mailbox received exhibits for this case?

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Not totally at the moment, but Mr. Lijon, did you, did your architect send it to the required email boxes, which is the attorney Sharon Saleta and the RCO?

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That's the requirement.

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If not, we will continue the case.

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uh can you please give me uh just a few seconds let me look she did

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i'm sorry chair my suggestion is we push this aside and move forward and mr lijan you can um

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contact me in the q a and let us know if that was done sure you can move on yep okay thank you

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Next one up is MI 2020-001-205-209 Delmar Street.

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Chair, I'm promoting Sean Welling to panelists.

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Welling, please identify yourself for the record, spell your first and last name.

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yeah sean whalen here i'll start my video sean whalen s-e-a-n last name w-h-a-l-e-n

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i'm sorry you can finish i'm sorry no go go ahead we're in a firm to tell the truth the whole truth

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nothing about the truth yes i do thank you please proceed all right thank you chairman and members

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of the board uh i am here on behalf of the world and you agreed to waive the reading of its refusal

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and stipulate to its accuracy?

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Yes, I do.

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Also, have you emailed an exhibit packet

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with the required documents,

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proof of ownership,

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proof of tax compliance,

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copy of the refusal,

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referral, photos and plans

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five days prior to this hearing?

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Yes, I did.

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Also, have you met with the RCO

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and have a letter?

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Yes, I do.

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Thank you.

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All right.

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Thank you, Chairman and members of the Board.

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This is actually a complex matter,

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but I will do my best to truncate it for everyone.

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This is a proposed project for 209 and 211 Delmar Street.

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These are both exceptionally large, deep lots

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in the Roxborough neighborhood.

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I'm trying to share my screen right now.

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So, here's a copy of the refusal, which we can walk through.

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So here's a copy of the refusal, which we can walk.

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Here's a copy of the letter from the Ridge Park Civic Association.

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I will explain, but not try to get away from the fact that we got quite literally slaughtered

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at the Ridge Park Civic Association meeting that we attended and continued only under

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the belief that we thought there was an extremely viable option here.

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So here's a picture of the original zoning plan.

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The original project was for 23 townhouse units.

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This had a solid rear wall of units, a small green space, there was supposed to be traffic

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circulation around that way and then two packs of three with uh density on the front um we are

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presenting today and what i will focus on is a dramatically revised uh package um so we've you

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know we sent in a proviso form and proviso uh plans we have reduced the number of units by more than

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a third and this was in short we met with early on we presented the original plan to a few members

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of the RCO head we had good and productive long conversations with them about what would be the

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the difficulties that we would face and some of the issues that they would you know we would hear

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about our project, but they asked specifically if we would be willing to work with them because

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that's how they did things, that they worked with, you know, project owners and tried, you know,

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informally and then formally in front of the RCO to try to reach a resolution. We agreed that we

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could certainly meet with them in an ongoing basis because we had actually a solid two months

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before, you know, from basically when our RCO meeting was to today's date, so we thought we

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had the plan, and we thought we had a good plan. Unfortunately, at the time that we went to the

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RCO meeting, as I said, we quite literally got slaughtered. The ultimate vote basically came down

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to density and traffic. I'm sure the RCO will expound upon that, but those were essentially

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the concerns and it was 70 to 6. So again no way to sugarcoat that but more

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surprisingly we you know the RCO voted despite what had been told to us and

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what we anticipated up front the RCO voted you know to oppose our project but

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also to disallow the RCO from communicating with us in any way shape

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or form going forward.

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We have reached out time and again to the RCO, including through the CDR process and

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even through their council last week with regard to the revised plans to try to keep

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them in the loop as to what our revisions would be.

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And we have been flatly told that they would not speak with us and not communicate with

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us about any revisions, nor would there be any more informal or formal meetings with

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the RCO.

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again we were we believed in this project and so we pushed forward we met i spoke with

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mr josh cohen from the councilman's office to keep him up to date as to what our revision

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our proposed revisions were we went through the cdr process and i had several meetings with

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members of the planning commission staff here in the neighborhood planner to try to get to where

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we could go. What I'm showing right now is the CDR letter. CDR actually, to my surprise,

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we only went once. I thought we would end up going twice. They came up with a slew of

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comments. You can see here, I won't walk through each one individually, but I will represent

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and you will hear my experts opine. We adopted every single, adopted and incorporated every

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single item of advice and comment that we received from CDR. We told them that's actually

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in the letter that we would. We worked through, we said at that time that we would continue

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to meet with the RCO. The RCO again said at CDR that it was not interested in meeting

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with us. So unfortunately, we've not been able to work with the RCO, even though they

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have seen the revised plans through their attorney and told us that they would no longer

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be meeting with us. So to provide some context, this is the Schuylkill River down here. Here's

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This is the Schuylkill River down here. Here's the Ivy Ridge train station where there's been

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the Ivy Ridge train station.

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a huge new development going in here. Our properties are right up here at 209 and 211 Delmar Street.

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You can see a large park is Germany Hill. It is my understanding that this portion of Germany Hill,

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the northern portion, is actually about 12 acres that is owned by a private developer.

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we have no there's been some concerns raised by the RCO in the beginning of this process

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that we like many other developers are attempting to try to open up that parcel for development

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we have no combination or association with that parcel we're not trying to be we're not trying

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to open it up in any way rather this section of Germany Hill is a very nice large wooded area as

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can see it has some trails in here we have reached out to some local members of the neighborhood and

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the councilman's office to find out we fully intend to help which CDR strongly recommended

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to help revitalize some of these walking trails you know some of them are especially at this end

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are a little overgrown and we would also like to assist in making a walking path and only a walking

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path not a not a driving or vehicular path from mansion street here down through germany hill

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to the ivy ridge train station that would obviously be a huge benefit to our own homeowners

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that we are providing for but also to the community at large

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this is the existing house i'm actually cribbing from some of the photos the rco provided in their

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opposition package. Unfortunately, a few of my photos got corrupted and I was unable to use

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them. So this is one of the two houses. We currently have two single family houses listed

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on our project. This is the, you know, the properties as they are looking directly at

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them. So the zoning, here's an aerial view that I think is quite telling. These are our two

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properties right here. This is Delmar Street going up this way. As you can see, the entire block on

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both sides are lined with row houses, twins, but extensive and dense development.

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Everything this way on Delmar Street is zoned RSA 5.

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Just this corner and our houses right here are zoned RSD 3.

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So RSD3 is single-family detached houses with 5,000 square foot lots, basically large single-family houses with detached lots, sort of not indicative of obviously anything that you would find in this neighborhood, but there has been a dramatic increase that you will hear about today.

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Most of these houses that you see up and down Delmar Street have been erected in the last 8 to 10 years and did not previously exist.

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And so the neighborhood got together and downzoned this to RSD3 to try to stop all development.

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Obviously, that change in the neighborhood creates a hardship for us.

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Also, what you will see is these properties have no rear yard. Essentially, all through here is extremely steep slope, much greater than 25%. These houses have no rear yards. The rear yards go from these houses down here up to, you can see actually the line right about there.

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um we because of where we sit we have property that goes all the way back uh our two properties

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together will be approximately uh 200 feet linear feet along delmar street with 220 foot depth

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that huge size which also cuts out here um is you know creates a hardship for us

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because we have this gigantic lot which requires you know massive single-family

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homes similar to what you would find in like a chestnut hill not you know Delmar

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Street in Roxborough these projects down here as you can see are currently under

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construction this photo was just taken less than a week ago these are all brand

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new row homes that are being put in on Fountain Street just below where we are

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just below where we are. So again, here's an aerial view. This is what Del Mar Street looks

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So again, here's an aerial.

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like. Our house is just outside. Basically, we're standing in front of our house looking down the

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street. You can see the setback, the front-loading parking, all row homes, twins. As the RCO states

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in its letter most of these houses again did not exist eight to ten years ago especially on this

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side of the street the northern side these were all rear yards for uh lamont street houses that

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go this way and then they would back up with their rear yards to delmar street that has been a

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significant change in the neighborhood and here are some of the photos of the brand new housing

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stock that's literally on Del Mar right up the block from us. So again, our house is right down

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here to the left. You can just see time and again, brand new development, row home style.

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There are narrow driveways, narrow sidewalks here. Our sidewalk, so one of the major complaints of

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neighborhood of the RCO rather not the adjacent immediately adjacent neighbors is just the

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increased traffic in the neighborhood and density over the last eight to ten years.

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While we understand that Delmar Street is a standard 16-foot cartway with right-of-way on

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either side so it's not a uniquely narrow street by any means we've all dealt with much more narrow

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streets throughout the city and especially south philly and areas even in maniunk

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so again i'll just finish off through these houses now at our end um you know the property

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does open up significantly so there's the first house of ours obviously dilapidated um in very

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extreme disrepair uh you go down this block this is the turn around mansion street that delmar

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street into. This is also a 16 foot wide cartway and this is actually one of the adjacent houses.

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So this is our property and this is one of the adjacent houses right next to us.

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And then just a final site. So I think most telling again you can see

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from the aerial zoning view, how dramatically we changed this plan, reducing from 23 units down to

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15 units. We also pulled back the frontage. Again, essentially everything we did was

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