civus
Hearing video

ZBA Hearing - March 13, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 13, 20246h 7m

will only be a foot and a half higher

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than what would a by-right building height be

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for a house that is built 38 foot in height

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plus 42 inch parapets,

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3 foot 6 inch of parapets,

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which gives us 41, as it says here,

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41 foot 6 massing.

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And what we're proposing is 43.

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And again, for that reason,

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working with the Neighborhood Association and the neighbors,

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we got the support for the height of the houses.

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And Mr. Zakin, you met with the RCO three times, is that correct?

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Yes.

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And the first time was before you filed anything with LNI for any approvals.

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It was a concept meeting.

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That was a concept meeting to show them what is now approved

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and what I'm ready to break ground with.

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and what I'm proposing, and there was a full support

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and a unanimous support for our new proposed design

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versus what was approved before.

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And with that information, we proceed and got the refusals

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from L&I, and we are today in front of the zoning board

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of adjustment after meeting with the neighbors again

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for slight adjustments that they were requesting,

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and we complied with all of them.

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with the project as presented to you.

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And you went back at the end of the month

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and showed them in August the revised plan at that meeting.

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And then finally, in February, we had the official RCO meeting

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after the zoning refusal was granted.

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Is that correct?

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That is correct.

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And then if you go to exhibit 11, sir.

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This is 11.

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11. No, 11. Not the slide 11.

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Oh, okay.

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Right here.

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Yeah. And this is a letter received this month from the RCO, Northern Liberties Neighbors Association?

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Yes.

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And it's a letter of support. Is that correct?

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That is correct.

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I have no further questions in Mr. Zakin. Is there anything you wanted to add, Mr. Zakin?

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no i'm happy to answer any question questions from the board no mr chairman

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questions from the board no mr chairman no chair questions or comments from our

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attorney hillary emerson not at this time mr chair questions or comments from the virtual audience

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yes chair we have one hand bob pfeiffer and they have been allowed to speak

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sure hi could you please state your name and spell for the court stenographer

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Bob Pfeiffer, B-O-B, last name Pfeiffer, P-F-E-I-F-F-E-R.

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Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Are you a neighbor?

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Yes.

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Please proceed.

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I just want to confirm whether or not there are any encroachments or setbacks that are being affected, or is that all by right, Jimmy?

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This is all by right as far as the position of the buildings on the land.

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Okay.

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So there's no encroachments on the streets or sidewalks.

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Everything's going to be in line.

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That is correct.

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Actually, there was one of the requirements or requests from the neighbors not to encroach into the sidewalk of Litgo Street in particular because it's a very narrow street.

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and we made sure to not have any element

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projecting out of the property line

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into Viggo Street.

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Thank you.

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No further questions, Chair.

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Thank you for taking time to call us.

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Anyone else in a virtual audience?

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No hands.

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Planning Commission.

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Shemin, you want to answer?

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Thank you, Chair Bergman.

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Sarah Bond, Philadelphia City Planning Commission.

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And just a second. Computer jumped on me. Okay.

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Okay. Thank you. Sarah Bond, Philadelphia City Planning Commission. In 2014, the zoning map was amended from ICMX, industrial mixed use, to RSA5, residential single family.

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the proposed lot dimensions are consistent with nearby properties but in terms of the proposed

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height variance the appellant has not shown that the property cannot possibly be used in strict

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conformity with the zoning code and that a variance is therefore necessary to enable its

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viable economic use the city planning commission recommends that the zoning board grant the

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variance with the proviso that the height variance is denied.

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Thank you.

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MI 2024, 000103, 836 North 4th Street, I vote yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Mr. Snell

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Counsel, you have your three votes

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That includes my business

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May I be excused, Mr. Chairman

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Yes, thank you very much

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Number six

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MI 2023

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004-599

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488 Byberry Road

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Michael

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McElhenney is the attorney. There's a letter of support from Somerton Civic Association

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with a proviso.

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Counsel, could you state your name, please, and spell for the court stenographer?

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Michael McElhenney, M-C-I-L-H-I-N-N-E-Y.

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

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Yes, I do.

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Could you identify your client in a relationship to this property?

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The client is Agim, A-G-I-M, and his wife, Zali, Z-A-L-I-E, Bajrami, B-A-J-R-A-M-I.

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They are the owners of the property.

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All right.

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Our vice chair has just a few questions for you, sir.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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Yes, we do.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

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Yes, I have.

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Thank you. Please proceed and share your screen, counsel.

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Thank you.

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a little slow on dragging it over today okay there we go

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members of the board uh my exhibit packet that was presented um just the prerequisites

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the tax clearance is at exhibit 14 the deed to my client from june 13 2022 is at exhibit 13

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the deed to my client from June 13, 2022 is at Exhibit 13. Our 14303 notices are at Exhibit 12.

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15.

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The property was posted and those photos are at Exhibit 11 and our zoning appeal with the PIF

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form is at Exhibit 10. Mr. Chairman, you did reference that this did go to the community group

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at Somerton and a letter of support, unanimous letter of support was provided, that's at Exhibit

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one. My client's zoning refusal is at exhibit two. And the request here is to take the existing

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parcel, which is an L-shaped oversized lot. We're asking to relocate the lot lines to create two

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lots from one lot, and then to build a single family home on each of the two lots. One lot will

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have an off-street parking for one space, and the second lot will have off-street parking for two

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cars and it will be a buy right in terms of the height and three yards of the space of the proposed

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structures. The refusals that we generated here are for one of the two lots, mainly a flag lot

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that will be created. We have a refusal dimensionally for the front yard for the minimum lot

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width because the width is taken off the dry vial we're creating and I'll show that on the plan

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And then what is calculated as the front yard for the lot number one is eight feet on our plan, but 15 feet is required.

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And on our plan, I'll show you, although it's the front yard, in practicality, it's the side.

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I'll flip Exhibit 3.

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There it goes.

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Our zoning map is at Exhibit 3.

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the property zoned RSA 2 single family. The properties around us to the north are similarly

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zoned RSA 2 and immediately behind us is RM 2 which is currently used as a multifamily development.

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Exhibit 3 also has some aerial photos just to orient the board

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of the conditions on the ground. As you can see the properties along Byberry Road are single

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family houses on both sides. And behind us is a dry vial for the multifamily development. And

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I'll show that clearer on the site photographs. I can jump right to the exhibit four.

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Is this are the site photographs for the subject property?

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The property is currently a vacant lot with an existing dry vial curb cut in between two

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single-family detached single-family houses on the south side of Byberry Road, the 400 block.

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The second photograph is a view from the back of my client's property from the rear yard looking

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out towards Byberry Road. I apologize for the delay the computer's giving me a little bit of a

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flag. And there we go. The properties to the east of the subject property, again, are just

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existing detached single family homes. Turning to page super slow. Page four are photos on the

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side of Depew Avenue, which are the multifamily homes directly behind my client's property.

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and then at the end of page five are properties on the north side of Byberry Road. Again,

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there are a bunch of single-family homes along the 400 block of Byberry Road and when I get the

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photograph page seven, these are photographs of the properties to the west of my client's property

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on the same side of Byberry. There are just a series of single-family houses and at the end

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of the block is Audubon Avenue where it intersects and that multifamily development perhaps around

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this block of Byberry Road. Exhibit 5 is the actual subdivision plan that we're presenting.

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The top left corner is the existing lot conditions, and I realize that's hard to see. The frontage

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currently is 62.5 feet on Byberry Road, and at the rear property line, as I said, it's

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107.5 square feet. The length is 160.750 square feet. This is a lot that consists of 13,230 square

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feet. And we're proposing to create a one parcel that's in keeping with identical to the other

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properties. And the property on the west has a 15 foot wide dry vial that we're proposing

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to create the the lot on the westernmost lot which would be the flag lot. The lots will end up

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at 7,020 square feet for this flag lot and the lot to the east is 6,210 square feet.

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the lot to the east is 6210 square feet in the rsa2 district the minimum is 3150 square feet so

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both of these proposed parcels are way larger than what's required under the code to create such lots

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and i would say in looking at very road most of the neighboring properties are between

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50, 600 square feet and 50, 800 square feet. So these are larger than most of the other properties

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on this block of Byberry Road. And I should mention we do have a revised zoning plan after

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meeting with the community. They did ask us to move the house back three feet and I'll show that

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on the revised zoning plan. So we're going to zoom in. So looking at the screen, the property

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at the top of the page is what we've designated as lot one on this plan, and that has a 15-foot

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drive aisle leading to the single-family house with one car parking. The refusal is because

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the zoning code looks at this 15 feet as the lot width, and it doesn't take into account

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the 45 feet at where the property is actually situated. The second refusal is for the front yard.

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The line that is behind 482 by Barry, this yard, although the house will be fronting,

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looking east at the house to the bottom of the page the side this is not a side yard on the

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right of the house that is actually the front yard under the code so we have an eight foot

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setback whereas the code requires a 15 foot setback if we were to comply with an 18 foot

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setback that would put the house over the rear property line there wouldn't be any room for a

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side yard at the left side of the property. The subdivided lot would also have all the open area

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at the bottom of the screen, which is behind what's known as lot two.

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Lot two itself, again, we would have a two-car off-street parking on this property. It's

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dimensionally compliant. The RCO, because there is an active sidewalk use here, in order to have a

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buffer in case there's oversized trucks we did move the property back to 21 feet from the front

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of the property whereas 18 is required by the code and that again changes the rear yard depth

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of this property from 46 feet to 43 feet so there's tons of open space we're preserving a bunch of the

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trees that are there and replacing the ones that are being removed to bring two properties that are

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in keeping with the other properties on this block of Byberry Road. Exhibit 8 is our proviso plan

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form which is pretty basic here it was as i just mentioned just to push the property back from

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18 feet to 21 feet off the the front front curb line and to decrease the set the rear yard by the

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same amount of three feet and both properties will consist of four bedrooms two baths each

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the property and i will mention that this is on this i just noticed a scrivener's error

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before we logged on this is stated as lot one on exhibit eight which is the floor plans

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this is really lot two as we just discussed the front loaded garage for two cars

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we have a full formal dining room full kitchen with eating kitchen a full living room an office

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or den, and the upper floors consist of four bedrooms and two bathrooms.

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And then the westernmost lot, which is identified on the floor plans as lot two, and on the

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site plan as lot one, has that one car off-street parking, a full living room, full dining room,

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full kitchen, laundry room, bath, and the upper floor is the same as the house next

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store that we're proposing which is four bedrooms and two baths each and I'm going to zoom out a

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little bit and the renderings as you can see looking at the front of the property the picture

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on the screen right now which is the fifth page of the floor plans is a view of the lot two which

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is the two-car off-street parking. And as you can see, it's in keeping with the other houses on

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both sides of Byberry Road. And then the next photograph is the flag lot house that will have

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one car off-street parking and again a two-story structure, four bedrooms, two baths each.

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