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Hearing video

ZBA Hearing - September 8, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 8, 20216h 24m

so really expanding this garage use is kind of a benefit um because you already have the curb cut

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you're not taking away parking and you're preventing this situation where you see in this

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photograph where there's not enough garage spaces and people park on the sidewalk so there's also

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really no one going back here other than the people accessing their own garages um so that's

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that there is also two dimensional variances that are requested uh the first is for the nine foot

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rear yard uh requirement we are at 8.83 so that variance is really de minimis it's equals about

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two to three inches so we're really there uh the biggest variance is um for open space required is

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25 we're proposing 10. um let me just get to the aerial view so i can show you some context here

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This is really not, this block is not consistent with occupied lots and uses.

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It's kind of this mishmash block.

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So if you look, 3619, which is directly adjacent here, has no rear yard.

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And the only open area is actually their parking lot for, this is a four-unit apartment building.

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You can see that 2021 has 100% lot coverage and no open space at all. And then you could say that

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probably, you know, the property to the rear, 3620 Emerald, has a really large rear yard,

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so you actually still have a lot of space between the two parcels. They were notified they didn't

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come to the meeting to object. One of the most effective properties is probably the property

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to the south, 3615. And this is actually owned by another member of the owner's family and

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they have no objection to this expansion.

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Thank you. Does the board have any questions?

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Yes, Vice Chair. Is there any water repair work done in the garage?

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No, it's going to be for personal vehicles.

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Thank you.

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Does anybody else have any questions in the virtual audience?

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I see no hands, Madam Chair.

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Okay.

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Planning Commission.

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Thank you, Madam Chair.

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Ian Hegarty with the Philadelphia City Planning Commission.

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In 2017, the zoning map was amended from RM1 to RSA5 in this area.

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now is done in accord with recommendations from the comprehensive plan with the support of the

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community. This is a proposed legalization of an enlargement with several use in dimensional

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non-conformities. The front garage door was a pre-existing condition, so we find evidence of

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a physical hardship for the front-loaded parking refusal. With regard to the open space and rear

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yard dimensional variances, we actually hold that the hardship was self-created through the

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construction of an illegal structure. And finally, with regard to the roof deck, we believe the

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dimensional requirements of the zoning code don't actually impose any kind of financial burden on

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the applicant. It's simply just not something that's allowed. So accordingly, the City Planning

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Commission recommends that the board grant a variance only for the parking access from the

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front street and deny all other variances. If I could just talk about how we wound up in this

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situation with the structure as it is in a legalization. I think it's important. So my

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clients are not professional developers. Like I mentioned, this is for their own personal home.

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Like I mentioned, this is for their own personal home. They bought the property in 2014 and started to develop it in 2018. They hired a general contractor, a licensed contractor to GC. The project gave him a substantial amount of money, over $70,000.

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They bought the property in 2014.

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dollars. We got to this point, L&I came out, and apparently the contractor had not pulled any

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permits or filed for anything. And so they had believed he was taking care of all of this. They

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had paid him to take care of all of this. They have been ghosted by that contractor and the

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architect they have been using. There's a separate legal matter going on about that. And so now we

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have just kind of an average person born and raised in this neighborhood who's trying to

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improve this property who's stuck right now. And quite frankly, if he's made to take down the

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addition, this building's just going to sit. There's not an ability to fix the wrong that

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this contractor has done to him other than to try to get these zoning variances and finish this

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project so that we can have a livable single-family home on the block. If I might say that entire

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street is a mess with people parking on the sidewalk throwing trash in the street but can

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I ask Planning Commission again what was that that you said what you do approve parking

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from?

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There's a refus- thank you Madam Chair Ian Hegarty with the City Planning Commission.

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There is a one refusal for parking access from the front street expansion of a non-conforming

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parking use.

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we support that variance simply because the curb cut and garage entrance are pre-existing conditions

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associated with the former form of the building on this site. And no to? All the other refusals,

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including the dimensional refusals and the location of the

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roof deck. Thank you so much. Calendar number 1773 3617 Helen Street. My vote is

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yes to the parking from front street from the front of the street and no to all other refusals.

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james snell yes with proviso thomas holloman yes with provisos

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thank you calendar number uh miss saletta are we prepared to go back to yes you can go back

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i did receive everything thank you okay great calendar number 1780 327 south smedley street

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it's russell wigley or wiggly we're mispronouncing names today so i apologize and emma actually

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the chair we do have the correct other information now um it's mr kelly and ms golfer

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so mr kelly is the one person who was called is that for number seven

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it's for smithly street okay who are russell and emma they were the sellers they were the prior

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owners okay but now that we have the exhibits they show that the current owners are that mr

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kelly is the current owner okay i'm sorry this is tanya sunkett the administrator

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mr kelly um are you declining to be promoted to panelists for your presentation

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no i'm sorry i didn't mean to to do that oh sorry

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mr kelly can you hear me um one moment madam chair he has to come back in as a panelist

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thank you miss saki yes i can hear you okay great can you put your name and address on the record

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and spell your last name? Brendan Kelly, K-E-L-L-E-Y. My address is 2115 Pine Street in

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Philadelphia, PA 19103. Do you swear or affirm to tell the whole truth and nothing but the truth?

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Yes. Okay, you may proceed, assuming you're not an attorney. I'm not. I believe that my architect

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is on the call here, Peter Elsbeck, and he is going to walk us through this. Okay, can you

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share your screen with us? I'm sorry. Yes. Mr. Kelly, did you say you were not going to do the

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presentation? I didn't hear you. Peter Elsbeck, my architect, is going to do the presentation.

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Well, actually, what he could do to assist is he can provide the screen share and you can talk

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through as the owner your presentation, okay? He's not allowed. Only an attorney can speak in your

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he's not allowed. Only an attorney can speak in your behalf. Okay. Okay. Peter, can you put your

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behalf. Okay.

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name and address on the record? Spell your last name and I'll swear you in. Yes, ma'am. It's

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Peter Elsbeck, E-L-S-B-E-C-K. My address is 877 North Beachwood Street, Philadelphia, PA, 19130.

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Do you swear for him to tell the whole truth and nothing but the truth? I do.

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Thank you. Mr. Kelly, you may proceed. Thank you. So at the rear of this house,

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Peter will put up some diagrams of it, but at the rear of the house there is an addition

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that was built I believe in the 1950s on the second floor and it's a bump out that is just

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exclusively on the second floor. So this section of the house doesn't touch the ground level

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and at the time when it was built there was a tree that was in the yard and from everything

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we can tell the original bump out was built with a clipped corner in order to avoid the tree that

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used to be in that space. My wife and I bought this house this past February and the tree

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from what we can tell was removed around three to five years ago and so the tree is no longer

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in the yard but the clipped corner still exists on that on that addition and so the the hardship

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we're experiencing is really twofold one is that the interior space is really awkward and not

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functional and and then the second issue we have is that we're we're in the process of trying to

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restore the house in a in a historic way people who know the block know that it's it's a really

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charming historic street and we're trying to put the character back and this this bump out is not

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in alignment with with that type of of historic look that that we want so we want to square off

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the the back it it adds to almost exactly 10 square feet that we're asking for to just make the

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the uh the north side of the bump out uh squared off the same way it is on the south side of the

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bump out now that the tree is is gone um we have a letter of i believe if the terminology is right

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of non-opposition from ccra that's right yeah and um the uh the neighbor to our north um had

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expressed some concern and so my architect had created a light study and the study

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showing here shows that the impact of adding this additional bump out is only noticeable

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at certain times of the year and in a limited number of hours of the day. Certainly the impact

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as far as light is concerned the amount of light that was gained by the tree being removed

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I love trees but but obviously when the when the tree was removed that created a huge amount of

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additional light and this bump out will have a an incredibly small impact on light so

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I guess my architect's not allowed to speak to it but there are there are moments I'm sorry

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sir this is tanya sunk at the um administrator because you have done the presentation any

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technical information that goes along with the plans the architect can speak to now he just

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cannot do the actual presentation so you can allow him to talk okay okay sorry for the mess up

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no sir thank you thank you sorry we we missed that uh that um requirement so all that part

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now you can speak thank you um you know i think brendan really covered just about everything that

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that we would um want to speak to um if there are any questions or anything about technicalities

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beyond what he covered i'm happy to answer any of those questions does the board have any questions

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no vice chair is there anyone virtual audience with questions please raise your hand

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madam chair we have joy mcintyre please unmute yourself and please wait for madam

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Hello? Yes, can you hear me? Yes, I can. Can you put your name and address on the record?

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Yes, Joy McIntyre, MC, capital I-N-T-Y-R-E, 325 South Smedley. I'm the neighbor to the north that

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325 South Smedley. I'm the neighbor to the north that Brendan just referred to.

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Okay. Do you swear or affirm to tell the whole truth and nothing but the truth?

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Yes.

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Okay. You may proceed.

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I have several concerns about this and how it affects my property. I understand that the CCRA

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did not oppose but i just want to say that i reached out to them and i was told just to send

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in a letter that they were not going to have another meeting but evidently they they must have

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done so so i did send a letter to the board i did send a letter to um the rco and also the zoning

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zoning board of adjustment so i'm hoping that my my letters may have been received um because um i

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think it, I wish I'd been able to contribute to the CCRA's decision. I understand the solar light

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study indicates that the effect on my property is minimal, but it is not minimal to me to have

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light cut off from my kitchen window. So I do want to say that. More to the point, though, with the

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addition being bumped out to the property line I feel that I I'm going to be closed in a lot more

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my to the to the east the property to the east and I had sent in pictures but the property to

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the east was built out to the property line and over and over the whole alley and so there's just

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a wall at the alley, this will bump out and close me in on the south side.

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And on the north side, sometime along back in time, one wall of the house was built over

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about a foot over onto my house.

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So all of these little encroachments add up.

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windows have been expanded over time and all of these encroachments add up to not all of them I

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believe were legal and they may have come at a time when the zoning board was not as vigilant

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but they do add up. If you don't mind I'd like to interrupt you. You mentioned CCRA.

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right what is CCRA because we know it to be an RCO in the Rittenhouse Square area

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who is your RCO? Center City Residence Association Center City Residence Association

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and then the other thing is that who that's who that's who I care it is that that is the RCO for

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that area it's it is the property is between spruce and pine um i think it only runs for one

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block but it is in center city wow okay thank you um the the other thing is um i'm not really

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to me i'm not thinking this is a hardship um to not be able to kind of put a sofa there or something

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um the i i will say you know that the house has been gutted so the argument that this is an

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historic reservation renovation doesn't um convince me um but it's been gutted down to

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the bricks and i think it's worth noting that mr kelly is a professional developer so um i just

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I just feel like this is maybe bigger than it looks in regards to my property and how it all adds up to affect me.

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Thank you for your testimony. Does anyone else have questions?

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I would like to respond, if I may.

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Sure.

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It is true I'm a professional developer. What I do primarily is rental homes.

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This is a home that I purchased along with my wife here.

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It's in our personal names.

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We intend to live in it.

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And so we are developing it for our own personal use.

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I also have history, experience with doing historic renovations.

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And so it's true, we've gutted this house out, except for the minor amount of historic items that were still available.

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We've left things such as fireplace, that type of thing.

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But I have a history of using architectural salvage to put the history back.

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And so that is absolutely our intention here is to come with historic components to make a historic house.

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As far as the encroachments, the clipped corner at the moment has a window that looks down directly into her yard.

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As far as the encroachments, you know, the clipped corner at the moment has a window that looks.

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When we extend this, the window will only face directly towards the back of the property, so it will face only east.

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And there won't be any windows to the north that would be looking down into her yard.

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So in that respect, it provides additional privacy for her because we're no longer able to see unless we crane our neck to look down into her yard.

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So there's additional privacy there. And I think that since we're talking about the light, so I hope I addressed those issues.

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I would ask if Peter could walk us through a little bit about the times of the year and the hours of the day that the sunlight would actually affect her house.

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Because it's, in my opinion, so minor. I mean, I guess anything that gets built has some effect on somebody around them.

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and here we're talking about something that's just so minuscule and and compared to a massive

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tree that has been there for decades the amount of sunlight in the yard at the moment is just

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dramatically higher than it must have been three or four years ago. Thank you.

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does the board have any questions um yeah i think peter was going to address a little bit about

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peter can you uh talk a little bit about the times of year and the hours of the day yes i'm i'm happy

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to if if that's helpful okay sure sure so the board need this testimony i'm okay with it i'm

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okay okay i'm going to go to planning commission okay thank you thank you madam chair ian hegarty

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with the philadelphia city planning commission comprehensive plan recommends no change to the

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rsa 5 zoning at this location this proposed dimensional variance is minimal at about 10

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square feet and does not conflict with the purpose and spirit of the zoning code

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city planning commission recommends that the board grant the variance

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calendar number 1780 327 south smedley street my vote is yes

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professor plaza my vote is yes james snell my vote is yes thomas holliman my vote is yes

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thank you thank you sure calendar number 0328 thank you all sure and good luck 4609

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Hedge Street. The attorney is Leo Mulvihill.

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I'm not showing Mr. Mulvihill yet, Madam Chair.

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okay then we'll move on to number 12.

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calendar number 1765 6520 rising sun avenue

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miss wilson is coming back in as a panelist

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Ms. Wilson, can you hear me?

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Ms. Wilson, if you're...

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Yes, I'm sorry.

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