civus
Hearing video

ZBA Hearing - August 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 16, 20222h 41m

person who is raising an issue with the 23 feet is the developer who is seeking to develop what

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he wants which is the three units um without the um without the drive aisle and parking at the rear

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in terms of what was requested of the applicant uh that there be two lots of the shared driveway

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with the parking put in the back um mr knockison kept on using the word practical sense

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importantly he didn't say that it was an engineering issue or a zoning issue or

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an economic issue. There was no quantifiable testimony on the reasonable feasible project.

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What was practical from a developer standpoint does not equate to heightened burden for

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an unnecessary hardship and the minimum variance that will afford relief.

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in terms of the neighborhood concerns with parking um mr nakamson and mr dry both acknowledge that

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there is a real insignificant parking issue in this community uh there is no dispute that these

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lots or these streets are overwhelmed with cars and that every developer comes in has been and

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should be asked to address parking

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in the best manner possible.

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The best manner possible here

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is to put as much parking as possible behind the homes

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so that there's only one curb cut. As the board is very well aware, the inclusion of multiple

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so that there is only one curb cut,

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as the board is very well aware.

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curb cuts, three curb cuts, is going to eliminate numerous on-street parking spaces that are

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available for the public, the public that my client represents, and is here on behalf of today.

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And with that, I'd like to call Mr. Schliefer just to briefly...

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all right could could she have raised her hand please

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hi good morning everyone hi could you state your name please and spell for the court reporter

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my name is marlene schleicher i am the president of breach park civic and i'm also the rco rep

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Okay. Could you do me a favor? Spell your name, please, for the court reporter.

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Sure. It's S-C-H-L-E-I-F-E-R.

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All right. Do you swear if we're going to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Proceed.

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When we met with the developer and Mr. Nachutzen, they made it clear, or tried to, that this development was contextual, which it absolutely is not.

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You can see that the houses on either side are pulled up to the street and are very old homes.

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I also find it interesting that Mr. Nahudson mentioned 283 Delmar, because it is part of the three homes that have parking on the rear.

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They do not have to park on the street.

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It was a by-right stability.

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Also, although he may have sent out notices to over 100 people, we had very few in attendance

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at our meeting because their Zoom link was incorrect in the notice.

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What we wanted was a reasonable project with parking in the rear.

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And we feel that that is absolutely reasonable.

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I would be happy to send in a revised letter from the Civic, but we did not know the developers' plans were changed until last Thursday.

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That was when we were told that the number of variances had gone down from five to two.

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front-loaded garages are not permitted by the city zoning code or by our

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nco nor do we allow for an unhabitable room on the first floor

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So there's absolutely no reason why they can't build two homes, pull them up to the street, and have a drive aisle that will allow both homeowners to park in the rear.

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Do you have any questions for me?

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Mr. Alckmson?

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Yeah, a couple things.

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First of all, in terms of the policy of this RCO, again, I know from firsthand experience that at 4736 Sheldon Street, this RCO and the ZBA subsequently as well supported a zoning variance request for off-street parking in a front-loading garage when it's contextual in nature.

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And that's under calendar number.

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This is not contextual in nature.

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Yeah.

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Okay.

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Then, then, but I will, I would like to share my screen again, and let me just do the screen, oops, and again, 288 and 290 Del Mar Streets, and then the remainder of the block of the 2,000 block of Del Mar Street.

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And all of those homes were built before the change in the zoning code.

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Miss, I didn't interrupt you. So I just wanted to present this, you know, to the board and, you know, feel free to respond afterwards. But all of these homes do have off-street parking.

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As far as not giving the, you know, Ms. Schaefer, like, notice of, you know, our change in plans, as, you know, the chair knows that we need to ask for authorization from the ZBA to have a change in plans.

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asked for authorization from the ZBA to have a change in plans of this sort.

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And we submitted this letter on May 10th, 2022, soon after we had our community meeting.

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And in the letter, we specifically state what we're planning to do.

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And in that letter, and I apologize if Ridge Park Civic Association didn't get it,

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but we emailed that letter to them.

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So they were well aware since May of 2022, what our intention was. And if, you know, then we received.

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Okay.

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I had the letter, the authorization letter from the ZBA, you know, directly citing my letter of May 10th of 2022.

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okay all right all right all right so so is there anyone else in this and by the way ma'am

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thank you for calling in we appreciate your input is there anyone else in the virtual audience that

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has a comment i see no handshare planning commission good morning mr chairman and

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members of the board gave effecto f-e-c-t-e-a-u with the city planning commission

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

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yes sir i do proceed all right thank you sir uh the comprehensive plan recommends no change to

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the residential single family zoning at this location the ridge park rocksboro neighborhood

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conservation overlay was created in 2015 and amended in 2017 at the request of the civic

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associations to avoid the type of off-street parking that existed on this block prior to the

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passage of the zoning overlay. The applicant has failed to show that a hardship exists that

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would prevent the lot from being used in conformance with the zoning code, and so the City

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Planning Commission recommends the board deny the proposed variances. For everyone involved, I really

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want to take this under consideration i want to have an executive session meeting with the board

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and really talk about it um hillary i would like to do this next wednesday is that possible

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i guess that's fine mr chair next wednesday august 24th at 9 30. okay so we'll we'll vote

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next wednesday and thanks for everyone for calling in mr knockerson thank you for

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pulling in on vacation too thank you everyone all right have a great day have a good vacation

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number two mi 2022 002 915 126 pierce street anthony lowendowski is the owner pro se

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um letter of non-opposition from penn's port civic association letter of non-opposition from

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Council Member Squilla, applicant submitted letters of support from seven neighbors from the 100 block

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of Pierce Street. Mr. Lewandowski. Okay, am I ready? Mr. Lewandowski, please state your name

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and spell for the court reporter, please. My name is Anthony Lewandowski. It's L-E-W-A-N-D-O-W-S-K-I.

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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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I do. Okay. Our vice chair has a few questions for you, Mr. Lomondowski.

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Hi, good morning. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Excuse me, Carol, can you read the refusal into the record since it's the pro se case?

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Do you have it? If not, I can read it.

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I have the application for a partial demolition at the rear and for the erection of an addition

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at the rear to an existing attached building

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for the use as a single-family household living

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size and location as shown on plans.

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There's one zoning refusal.

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This application is being refused

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for exceeding the permitted maximum lot area

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in the RSA 5 zoning district.

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75% is permitted and 77.08 is proposed.

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do you agree to waive the rating of the refusal and stipulate to its accuracy

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yes is he is he no he's not you're an owner per se so strike that have you emailed an exhibit

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packet with proof of ownership tax compliance a copy of the refusal or referral photos under

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plans of the property five days in advance of this hearing and have you met with the RCO and do you

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have a letter? Yes. Okay you may proceed and begin to share your screen. Thank you. Thank you.

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thank you thank you who do i need to share

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the green button at the bottom green button okay

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and mr chair i apologize i just continued to believe he was an attorney

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gosh oh yeah

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okay now start telling us what you want to do

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what what what i want to do my uh my wall was collapsing and i i i had to take the wall down

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because i was getting wall water in my house so so what i want to do is just replace what was

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already existing okay so all right so you're not changing the lot line right initially that's where

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the wall was yeah right okay so all right go through go through all your documents

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uh where uh all right let me get through this

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it's just

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getting them up now

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that's the existing house

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this is my this is my house right here right okay

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so the back walls the one was coming down yeah i was getting water it my house was basically

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separating uh the addition well this back of the house was the walls were pulling off and i was

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getting water in my house okay they threw the pipes i don't know from underground

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so they fixed it i mean it has it had to be fixed

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i'll continue

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all right let me get the next picture

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that's the inside of the house

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that's the back wall

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and that's where the back wall originally was too

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yeah

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you didn't enlarge it

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no

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it looks smaller

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I don't know

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it's the one on the foundation

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I'm not an expert with that

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Okay.

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What else do you need?

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These are my posters.

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there was the letters that we sent out regarding me that's the front of the property there yeah

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oh okay yes that's the front yes okay

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all right all right all right all right all right okay so

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so your wall was bad you're repairing the wall and the walls are a couple percentage points

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bigger than what it should be out out further where it always was is that what you're saying

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yes yes yes okay all right questions from the board

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no mr chairman no mr chairman

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questions or comments from the virtual audience

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i see no hands chair planning commission thank you sir good morning david vecto city planning

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commission the comprehensive plan recommends no change to the single family zoning at this location

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the requested variance would be only about a two percent deviation from the occupied area

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provisions of the code this is a minor dimensional variance that will meet the spirit and intent of

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the code and will not impair the use of adjacent property the city planning commission recommends

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that the board grant the dimensional variance for required open area thank you david mi 2022

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122-002-915-126, Pierce Street, I vote yes.

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Carol Tenere, my vote is 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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Thank you, sir.

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Thank you, sir.

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Number four, MI 2022, 002-823-2121 Delancey Street.

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Robert Careless is the attorney.

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Mr. Careless is coming back in as a panelist.

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Okay.

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letter of non-opposition from the center city residents association

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letter of support from adjacent neighbor at 2119 delancey street

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good morning mr chairman members of the board hi hi could you state your name please and spell

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for the court reporter robert careless c-a-r-e-l-e-s-s 1650 market street philadelphia pa

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

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I do, Mr. Chairman.

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Would you identify your client in a relationship to the property?

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Sure. I'm here on behalf of the Lancy Properties LLC. The Lancy Properties LLC is owned by William

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and Judy Bollinger, and Mr. Bollinger is with me today.

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Okay. Our Vice Chair, Carol Tenere, has a few questions.

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Certainly.

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Good morning. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do on both.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of this property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, to all questions.

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Okay, great. You may proceed, and I see you've started to share your screen, so that's good.

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In the interest of time, I'm just going to note for the record that we submitted 17 exhibits to the board.

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I'm going to take the board through a few of these exhibits, but I'd ask that all of them be incorporated into the record today.

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Thank you.

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Just to orient the boards to where we are, again, this is 2121 Delancey Place.

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As you can see from the bottom picture here, 2121 Delancey spans the block from Delancey back to Cyprus.

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It is bounded by South 22nd Street and South 21st Street.

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This is an image of the rear of the subject property with a front view of the neighboring 2126 Cypress Street.

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What we are proposing here is a roof deck above an approved carport, which I will show renderings of the approved carport momentarily.

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2126 is owned by mr and mrs bollinger's son douglas we are proposing to construct this deck

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above uh the the carport of 2121 for the use of 2126 which again i'll explain in a moment

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um we have an easement agreement in um between the two owners um that will allow 2126 to utilize

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um this this roof deck along with an existing parking space in the car court

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This is just a view looking east on Cypress Street for the board's orientation.

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And as you can see here, Cypress Street is effectively a rear alley in this section.

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Even though we have a car up on the sidewalk here, there's no on-street parking in this area

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of Cypress Street. And this is an emphasis of you looking west on Cypress Street.

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say mark does exhibit a7 in my packet this is a letter from dr abrams um who is mrs bollinger's

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uh doctor um what's driving the request for this deck is in part mrs bollinger's unfortunate

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um uh battle with myelofibrosis which in her situation is unfortunately progressive and

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irreversible. As you can see, that's outlined in the letter from Dr. Abrams. Mrs. Bollinger suffers

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from conditions such as anemia, substantial fatigue, shortness of breath, and at times

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chest pain. It's very difficult for Mrs. Bollinger to climb stairs and also even just to walk flat

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city blocks. Mrs. Bollinger, the intent is that Mrs. Bollinger will reside at 2126 when she's

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