civus
Hearing video

ZBA Hearing - November 16, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 16, 20215h 16m

Carol Tenere, my vote is yes.

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Professor Plaza, my vote is yes.

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Thomas Holliman, my vote is yes.

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Thank you.

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Before I call the numbers off on the next cases, I'll call the first one and then we'll have a conversation with Mr. Klein.

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MI 2021-004015, 1431 North 25th Street.

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mr jared klein is the attorney of record on this case and eight other cases but we'll have a

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discussion before we proceed mr klein if you can spell your full name i'll swear you in

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you're breaking up jared jared jared you're breaking

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yes jared you're breaking we can't hear you're breaking up

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okay

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can you hear me now uh try that again can you can you hear me now yeah yes

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your screen your screen freezes and then it's then it goes it opens up it freezes

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jared i'm sorry jared can you turn off your video first yes let's see if that worked at all

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yes just turn off your video and then use your audio only let's see if that'll work

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excuse me maybe you could oh there you go

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yeah i i can hear and see all of you can you hear me

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can hear you now we can't see you but we can hear you okay well we

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We can hear you now. We can't see you, but we can hear you.

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Okay. Well, we've solved problem one of two then.

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Chair.

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Jared, spell your full name and I'll swear you in.

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Sure. It's Jared Klein, K-L-E-I-N from Blank Rome, 130 North 18th Street in Philadelphia, 19103.

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Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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All right. Before we proceed with the list of cases that you have, we had a conversation earlier in our executive session that there is still no RCO letter. Is that correct?

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That is correct. We are scheduled to have the formal meeting with the RCO on Thursday evening.

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there there have been there have been five prior meetings generally with the community as this

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project went through but the formal rco meeting is scheduled for thursday i believe you had spoke

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you spoke with ms saletta about doing a hear and hold that was our initial uh thought though we

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would also be happy to do it as a resumption if that is easier for the board we can do i

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i'm sorry this is sharon i believe that what um we decided was if it is to go forward today

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that there would be a resumption hearing that limited to feedback from the um feedback regarding

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the rco meeting and that if that is to be scheduled for a date within the next couple of weeks

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that it would be limited to a certain amount of time maybe 10 minutes if it if Mr. Klein expects

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it would go past that then we would ask that he would um he would let the board know in advance

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so that it could be rescheduled thank you thank you does that work Mr. Klein it does yes thank

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you Mr. Chair all right so there's a number of properties uh they're not all in succession there

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are a few of them uh how would you like us to proceed should i read off all all nine cases

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yes so the these cases are all part of the same affordable housing master plan

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so i have one exhibit packet and can take the board through all nine at one time okay so i'll

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begin now read off the nine cases case number three on our list is mi 2021-004015 1431 north

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25th street parcel e as in edward case number six mi 2021-003380 2422 harlan street h-a-r-l-a-n

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street parcel d as in david case number seven on our list mi 2021 that's zero zero four zero two

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zero 2433 harland street

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parcel d as in david is that correct

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yes there's two two parcel d's okay i see it's a different address i'm sorry all right case

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number five on our list MI 2021-004-018-2401 Stewart Street. Case number nine on our list MI 2021-004-019-2406

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harland street parcel b as in boy case number 10 mi 2021 dash zero zero three three seven nine

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2401 harland street number 11 on our list mi 2021 dash zero zero four zero one seven

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2401 master street parcel is that l i believe it is i believe it's leonard thank you mi 2021

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that's 004 388 2408 sharswood street and case number 13 on our list mi 2021

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21-004-364-2408-Stewart Street, Parcel L, as in Leonard.

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I believe I read all nine of your cases off correctly.

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I believe so.

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Thank you.

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Excuse me.

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This is Sharon again.

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Before Mr. Klein starts, I would say that though you would not usually proceed even with a first hearing

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before the RCO meeting, Mr. Klein informed me that the RCO actually has no objection to it.

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Mr. Klein informed me that the RCO actually has no objection to it being handled this way. Is

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that correct Mr. Klein? Yes it is. We have had email communication with them where we let them

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know we were going to proceed this way with the explicit understanding that we were scheduled to

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come back in two days. The RCO was okay with it and they understand I can explain to the board

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the reason that we're in a bit of a time crunch has nothing to do with pending abatement or

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construction tax, as many developers, this project's being financed by low-income housing

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tax credits. And so if we don't meet a certain closing date in December, we would have to

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reapply and pay some substantial fees to change those credits around. So the RCO is trying

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to work with us to meet that deadline. Other than the Brewery Town, Sharswood

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Community Civic, is there any other entity that was going to be weighing in on this?

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As an example, maybe the district council person or something like that?

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uh we do not believe um that the district council person has anything specific um his office has uh

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been involved in our conversations with the rco but they did not indicate they were going to appear

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but there has been communication with the office of the district council yes we spoke we actually

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spoke to them earlier today uh they were trying to representative come on and confirm that they

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were okay with this uh resumption hearing also okay thank you so please proceed

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okay thank you i'm going to share my screen and hope that does not

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break my connection can everybody see that

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not yet

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dig out what's happening jared you're breaking your voice is breaking up

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jared this for a second do you think it would help also if he went out and tried

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coming back in? Jared, can you hear? Yes. We're getting that echo again once you start ready to

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share. Try saying something right now. Can you hear me? Yes. Yeah, right now you're clear. Okay.

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I'll try not to touch anything. Okay, thank you. So, I don't know, with me or my end, Jared.

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You're breaking up again.

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You're going to have to go out, Jared, and come back in.

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Yeah, it's an internet problem that I see.

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Sign off and then come back in.

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We good to go.

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Is that okay, Tanya?

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We told him to sign out.

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Yes, Chair.

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That's very well.

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And I agree, Ms. Sunga.

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I think that he might be having some internet issues.

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I would have had a problem once before a few weeks ago the same thing.

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Can I be heard now?

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You're breaking up.

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Mr. Klin, are you in an area that you usually receive like internet issues?

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No.

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Wow.

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Wow.

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In the area where it usually works very well, unfortunately.

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can can everybody can can anyone hear me now or or no it's just we can hear you clearly now

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okay okay if i if i could just interject the thought what's going to happen is once you

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try to share your screen it's going to cause another problem um i'm not sure pauline how

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would you suggest we handle it um i would say either one of two things i don't know if someone

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else could share their screen for him and then he can speak to it. Or I don't know if there's

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another Wi-Fi network you could try connecting to. I can get that. So you're breaking up. Maybe what

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we do is, Pauline and or Tanya, we can go ahead with a couple other cases while we're trying to

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work out these technical problems. Sure and Mr. Klein like I said if you can get someone if that's

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okay with the board to show your screen while you speak to it that would work or if you try

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connect okay you could do that. Yeah I do the board would like to take another case I'll get

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one of my colleagues with better internet to share their screen. Without any objection we'll do that

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Okay, we'll go to case number 14.

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Yes.

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Yep.

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Okay, MI 2021-003-382, 2520 Grays Ferry Avenue.

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Henry Clinton is the attorney of record.

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South of South Neighborhood Association sent a letter of support.

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South of South Neighborhood Association sent a letter of support.

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I understand there may be revised plan, one page.

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So, Mr. Clinton, if you're out there, please identify yourself and I'll swear you in.

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Please raise your virtual hand, Mr. Clinton, if you're available.

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Please do not raise your hand unless you're here to present this case.

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Thank you kindly.

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He's been promoted.

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hi henry please spell your full name and i'll swear you in good morning mr chairman henry

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clinton 1313 south 33rd street photo ppa 19146 we're affirmed to tell the truth the whole truth

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nothing but the truth i know thank you ms tenere has a few questions for you good morning do you

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agree to waive the reading of the refusal and stipulate to its accuracy? I do. Have you emailed

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the exhibit packet with the required documents consisting of proof of ownership, tax compliance,

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refusal referral, photos, and or plans of the property five days in advance of this hearing,

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and have you met with the RCO, and do you have a letter? Yes, to all of the above. Okay, great.

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You may proceed, and yes, you may share your screen. Good morning.

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is this visible enough you can make it just tiny bit larger that'll be helpful there you go that's

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good thank you good morning Mr. Chairman my members of board Henry Clinton on behalf of

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the owner of Mark LaCourse who's on the call with me as well as your architect Tom Wiedemann

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Mr. Clinton, I'm sorry.

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This is Tanya, the ZBA administrator.

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May I just request you maximize your screen?

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Yep.

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Thank you, Tanya.

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Thank you, Kylie.

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Is that good, Ms. Sunke?

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Thank you.

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Thank you, Tanya.

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Perfect, Mr. Clinton.

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Thank you.

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These are my table of contents, exhibits AA through 810, which will have to be admitted.

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This is my appearance statement.

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This is a refusal.

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So this is an RM1 zone, but this is a single-family house.

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And what we're asking for is the addition to the third floor of a very small addition, which will then match the home next door.

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And the photographs will tell the whole story as I walk the board through this presentation.

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But basically, refusal concerns the fact that when I appeared in front of the board back in 2011,

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there were four or five new construction homes built on Grace Ferry Avenue,

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all with front-loaded garages and all with very, very, very small rear yards, and you'll see that.

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And at the time, some of the homes were built with the third floor setback, and some were built straight up.

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So we're asking today that our house match the house next door.

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we have we do have a letter of support from SASNA we met with them we made a couple minor changes

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and if the board looks kindly upon this project we'd ask that it approve it with a proviso form

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and one page of a plan that has been revised but basically this is a letter of support there's the

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tally these are photographs so this is Grace Ferry Avenue you're looking to the Naval Square

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project behind us, but my client's house is right here. It's the third black two-story bay.

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The adjacent neighbor already has a roof deck with a pilot house, and basically, as I said in the

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beginning, our project will mirror what is next door. These are just some context photographs

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showing looking east to center city and then looking west out toward Grace Ferry Avenue.

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this is probably the best and the clearest picture again here's my client's property

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here's the the home next door and you're looking out to Penn's campus

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this is the rear of my client's property my client's property is just to the right of where

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I came down the middle of these two buildings this is the home next door and basically what

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we want to do is make our third floor the same in terms of depth and height as the addition next

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door. Although frankly, this house was built with a full third floor. Ours was not, or my clients

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was not. This is a photograph I took looking down into the rear yards. This is my client's rear yard.

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This is the home next door with an actual smaller rear yard. And these are the homes,

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the rear of the homes on Christian Street.

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And this is a good pictorial of what we're trying to do.

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The green space is what we want to fill in.

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Again, some more aerial shots to give the board perspective.

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And these are the proviso form as well as a revised plan.

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and these are the proviso form as well as a revised plan and this is the zoning plan so

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basically we are taking the existing property and adding a third floor addition on the rear

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of the property we're eliminating the outdoor deck with the spiral staircase to to the rooftop deck

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and in lieu of that the spiral staircase we're going to have a pilot house which basically

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matches the dimensions of the

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pilothouse on the adjacent

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property at

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2518.

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So that's

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really it in a summary

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fashion. I

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can entertain any questions from the board.

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I can have my client adopt a testimony.

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Why don't we get your client on?

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Mr. Clinton, why don't we get your

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client on? I'll swear him in.

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Mr. LaCourse, can you

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raise your hand, please?

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of course that's been allowed to speak yes good morning sir please spell your full name and i'll

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