civus
Hearing audio

ZBA Hearing - February 25, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 25, 20265h 35m

attended ronhurst civics rco meeting just to show you the vesting deed from the year 2000 to the

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complex the legal description starts right here it's one paragraph that ends here but it states

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both buildings so again that's just uh you know evidence to show you that the problem here in

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freddie mac size is that the complex is described under one description

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um continuing onwards here's the zoning map the property is zoned rm2 which does not have a cap

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on the number of multi-family units the 2300 hartel building has 25 permitted units

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the 7701 bustleton building has 64 permitted units and then i do have other aerials that's

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one you already saw i'm going to go through these really really quickly but i'll go back to anything

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that piques your curiosity just let me know these are just other angles the shared parking

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lot here with some landscaping that serves as a buffer to bustleton ave

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that's the site plan again these are various images of all the different sides of the

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buildings there's three different street frontages

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that's the corner of busselton and hartel there

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uh that's one of the two driveways that serve the parking lot this one's coming from hartel

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it is shared with neighbors but note that no neighbors um opposed this application one who

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didn't come to the rco meeting even called me to affirm that she had received the notice but had no

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objection um these are just photos of the zoning posters uh we have a few photos of the interior

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of i believe this is the 7701 building the lobby with the mailboxes a hallway

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i have photos of the interiors of two units as a sample i think we're good with the inside okay

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thanks mr chairman um and then um i guess the last two things i'll touch on is

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Both buildings were built at the same time in the mid-60s.

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I have the original construction zoning permits for both, which match their current rental licenses.

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So all of the records are current in terms of licensing.

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And then finally, I submitted a memo of law, which touches upon why the denial of the application today would impose an unnecessary hardship.

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um why the denial of the application today would impose an unnecessary hardship and and why the

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application satisfies um all the standards for the grant of variances um why don't you bring your

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client on sure um david chryser um could you raise your virtual hand if you're in the audience

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they're being promoted to pan

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can you hear me i yes yes we can could you please state your name and spell it for the stenographer

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sure david david kreiser k-r-e-i-s as in sand e-r do you swear or affirm to tell the truth the whole

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truth nothing but the truth yes counsel uh david um did you hear my testimony in your case this

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afternoon yes was it true and accurate to the best of your knowledge information and belief

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yes uh are you authorized um to represent the um various owners of the property today

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yes um and on their behalf would you adopt my testimony as if it had been your own

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yes okay thank you questions from the board

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questions or comments from our attorney not at this time mr chair questions or

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comments from the virtual audience no hands at this time planning commission amy boy with the

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planning commission the comprehensive plan recommends no change in zoning at this location

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from the existing rm2 residential multifamily the proposed lot line adjustments will have minimal

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impact on surrounding properties and the physical configuration of the property is not proposed to

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change as part of this application the planning commission recommends that the board grant the

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requested variances for parking and side yard right mi 2025 006 439 7701 bustleton avenue i vote yes

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michael johns my vote is yes so guest and my vote is yes tanetta graham my vote is yes ryan mcadams

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my vote is yes i own my vote is yes right so alan you and alex have three more all right and we'll

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do them right in a row but i'm going to go stephanie has one right so why don't you come up

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we'll do Stephanie's and then you three will go right in a row. Okay.

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Thank you, members of the board. Oh, thank you. Thank you.

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Thank you. Good afternoon.

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

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Stephanie Magana, S-T-E-P-H-A-N-I-E. Last name is M-A-G-A-G-N-A.

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All right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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could you identify your client the relationship to this property my client is bsi construction

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um they are the designated agent for design build project to reconstruct the thomas home school by

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the school district of philadelphia the property is owned by the school district i see that there

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was um unanimous support 25 votes by six council district who hosted the rco meeting um our vice

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chair has a few questions good afternoon um have you submitted your documents and exhibits five

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days in advance of this hearing? Yes, I have. And do you waive the written of the refusals and stipulate to the accuracy? Yes, I do. All right. Thank you. You can show your screen and proceed. Thank you. Mr. Chair, I just want to note for the record that we did receive a letter of authorization from the school district indicating that Claire Harrison could represent them at this hearing. Thank you very much. Thank you. Yeah, so this property is 9125 Academy Road. The southern half of this site, which occupies the full block bound by Willett's Academy and

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home ave is the site of the newly reconstructed thomas home elementary school the other half of

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this site is a park and recreation space this application is seeking approval for two accessory

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signs two signs in addition to by right signage that was previously approved all part of the

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school district's standard signage package for their schools specifically this application

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requests approval for one wall sign to identify the building off the primary entrance along willits

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and a second sign to a digital sign that will also be located at the main entrance on willits

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in this zoning district this special institutional district the digital sign is not permitted as well

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as the height of our wall sign is also above the second windowsill so we are seeking relief

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for both of those conditions we presented the signage to the upper holmesburg civic association

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WE PRESENTED THE SIGNED TO THE UPPER HOMESBURG CIVIC ASSOCIATION ON JANUARY 15TH THERE IS A UNANIMOUS LETTER OF SUPPORT THAT IS INCLUDED WITHIN THE PACKAGE AS WELL.

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on January 15th.

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THESE ARE EXISTING SITE PHOTOS THE SCHOOL RECENTLY OPENED. AT THE TOP OF THE SCREEN YOU CAN SEE WHERE THIS YELLOW KIND OF IDENTIFYING MARK IS. THAT IS THE PROPOSED LOCATION FOR THE DIGITAL SIGN.

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that, again, this is immediately adjacent to the primary entrance to the school and its parking

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lot. The second picture here below shows the main entrance of the school, and the brick wall that is

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facing us in this photo is the location of the wall sign that is proposed. For reference and

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context, on the right side of the screen is a photo of the TM Pierce School. This school has

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the same signage package that is proposed on the Thomas Holden School for

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reference. So here you see a non illuminated wall sign that extends

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above the second windowsill of this school building the same way that we are

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proposing our wall sign to be placed and to be shown. There is also the digital

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sign that here at TM Pierce is on the wall of the school whereas we're

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proposing ours along the main entrance but the size configuration use proposal

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as well as all the standards for change of message will be the same.

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The programming of that sign will be the same, and the size as well.

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Here's a site plan view of where the signage is proposed, if it will pull up.

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Sorry, I'm looking at the screen and not on my computer.

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I'm sorry. I don't know. Let me pull that up again and try that again.

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I apologize for the delay.

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there we go can we see that there we go um just for reference willits avenue here on the lower

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part of the screen is is the where the primary entrance is located um the digital sign will be

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placed right here you can see that as well and the wall sign is here this is the primary parking lot

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and circulation for drop off our bus drop off is along academy road um so both signs will be

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intended to serve as building identification signs along the primary entrance and as i mentioned the

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programming of both of these signs is intended to be consistent with the school's package for

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their schools it'll be you know the standard across the district um and that includes the

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programming of the digital sign is it is accessory it is accessory and limited to issues related to

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the school and is intended to be able to convey messages that would be more difficult with a

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non-digital sign the recent snowstorm being a perfect recent example of being able to communicate

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messages um that are important in current information um with that i'll ask my client

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um chuck calvin is from bsi construction to be sworn in sure could you sure mike one

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yes hi could you please state your name and spell for the stenographer sure it's chuck calvin is

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c-h-u-c-k-c-a-l-v-a-n-e-s-a right do you swear or affirm to tell the truth the whole truth and

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nothing but the truth yes counsel thank you chuck have you heard the statements i made to the board

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this afternoon are they complete and accurate to the best of your knowledge yes would you adopt

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them as your own yes thank you um i'll note for the board as well we have melissa stigler who's

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from blackney hayes there's a project architect as well as chuck longacre from city signs if we

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have any questions and john nichols from the school districts is here questions questions

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from the board questions or comments from our attorney hillary emerson not at this time mr

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questions or comments from the virtual audience

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planning commission amy boy with the planning commission the comprehensive plan recommends

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a change in zoning at this location from the existing sp civ special purpose civics to rsa2

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residential single family the proposed signs will have minimal impact on the adjoining properties

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the planning commission recommends that the board grant their requested variances for sign

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and elimination thank you mi 2025 006 989 9125 academy road i vote yes michael johns my vote

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is yes cheryl guest and my vote is yes tenetta graham my vote is yes ryan mcadams my vote is yes

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tyowen my vote is yes thank you council thank you thank you take a break yeah so uh alan one

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Alan, so the first one we're going to hear is 1455 North Marston.

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So the first one we're going to hear is 1455 North Marston.

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Come up and get set up, and we're just going to take a five-minute break real quickly.

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all right so so number eight mi 2025 006 448 1455 north

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marston street alex goldberg is the attorney could you please state your name and spell for

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the stenographer alex goldberg a-l-e-x-g-o-l-d-b-e-r-g do you swear or affirm to tell the

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truth the whole truth and nothing but the truth i do could you identify your client the relationship

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to this property my client is 1455 north marston street llc which is the owner of the property and

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its representative shlomo levy is in the virtual audience and i see there's a letter of support

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from brewery town shardswood community civic association um 11 the one vote and a letter

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of non-opposition from council member young our vice chair has a few questions sir good afternoon

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um have you submitted your documents and exhibits five days in advance of this hearing i have and

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do you waive the reading of the refusal and stipulate to its accuracy i would object to

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its accuracy in one respect and i could do that now or when we get to the refusal exhibit what are

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don't um no don't do your project oh okay sure all right well thank you show your screen and uh

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start with the case okay so this is a single family home in the brewery town sharswood

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neighborhood um as the chairman stated we had overwhelming support by the community group

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and uh it sounds like non-opposition from the council member um we're asking for

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two-dimensional refusals, or sorry, one-dimensional refusal and one refusal that is the result of

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the Brewery Town Sharswood overlay, which is an overlay that, to my understanding, was at least

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pushed in part by the coordinating RCO that we presented in front of, and the portion of that

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overlay, which you can see on the screen, is the provision against roof decks. This is a very small

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lot. It's 474 square feet, which has something to do with the second refusal you see, but

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the main reason why we wanted to propose a roof deck here is because there's really not a lot of

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outdoor space. It's a small lot, so we are extending the building into the required rear yard

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to get some more indoor, you know, space so that this is, you know, livable for a single family home.

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And, you know, that five feet of outdoor space that we're proposing is not super usable. I mean,

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maybe you could have a grill out there or something, but the roof deck that we're proposing

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would make you know a much higher quality of life for the family that lives there and um the

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community supported it you know they understood the reason i think that in general they don't

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love roof decks but under the circumstances they felt like it was appropriate so we have their

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support um the refusal item that i objected to was the second one um per code section 147012b7

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in this zoning classification because our lot is less than 45 feet deep it's 36 feet deep we should

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have a rear yard depth requirement of seven feet that says nine feet so we're two feet short I

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believe that is a de minimis variance request I'd also note that because of that 45 foot

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lot depth we're completely exempt from the occupied area requirements so which is why

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you don't see that on the refusal uh the refusal list so those are our two refusal items here's

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the letter from the coordinating rco 11 to 1 the zoning committee voted five in support and one

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abstention and the majority of the near neighbors were in support uh here's their letter where they

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basically said what i just said that you know this roof deck is going to provide reasonable

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outdoor space for the future occupants and the one thing i didn't mention yet is the exact same

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thing was granted by way of variance directly next door now at the time in 2017 when 1453 North

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Marston was approved it was just for the roof deck setback a pilot house setback in the rear

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and the rear yard the roof deck overlay had not been implemented yet at that time so the roof

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deck was allowed by right but there's a roof deck right next to us there's a roof deck at 1440 there's

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a roof deck at 2714 Jefferson which is right around the corner here's that 1453 North Marston

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approval again also single family somewhat similar design matching the the roof line

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we are very importantly matching the rear wall so they have that five foot rear yard as well

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so we're not impacting their light and air in any way shape or form here's the aerial view of the

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site see a lot of vacancy on north marston street but we're going up sort of in between a vacant lot

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sort of in between a vacant lot and this single family home right near the intersection of

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and this single-family home right near the inner...

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jefferson street here's the zoning map single family rsa5 no use no use variants there

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here's the photographs um this is what the site looked like um prior to my client owning the

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purchasing the property which was just uh late last year um so glad to keep the cars off of the

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lot this is it in 2011 so it's been vacant for at least uh 14 years 15 years if not longer

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here's a posting photo to the right of the property left mix of two story and one story

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structures here here's the plans and drawings so you can see i'll zoom in

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and a small yeah it's tough to see

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here we go um you can see this is the building structure here it looks tiny because it's a small

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lot um so that's why we have that five foot rear yard back here and you can see we're matching the

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rear lot the rear building line of the building structure next to us the pilot house for our roof

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deck. It's not super clear on here, but it's the sort of cross-hatched rectangle with the lines

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going in both directions. So there's a small space behind and in front. You'll see that on the floor

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plans. Here's the floor plans. Pretty basic single-family living. You walk in on the first

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floor, you have a living and kitchen with a powder room in the rear. You have a flex room in the

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basement with a bathroom and laundry there's a door that goes directly out to the rear which is

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where trash will be stored second floor you have one bedroom and the third floor you have one

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bedroom and then you can see that roof deck there as well here's the rco meeting notice we met with

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brewery town sharswood community civic association december 18th we mailed notice to 184 properties

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here's those mailing certificates the application for appeal

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deed to the property showing 1455 and marston street llc owns the property

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and the tax clearance with the only balance not being due yet that i'd like to call my client on

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sure about my testimony. Shalomo Levy. If you're in the audience, can you please raise your virtual

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mr levy and he's coming back in as a panel thank you very much

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can you hear me we can sir could you please state your name

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and spell it for the stenographer and if possible turn on your video

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sorry can you see me now yes hi hi everyone state your name is spelled for the stenographer

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shlomo levy s-h-l-o-m-o last name levi l-e-v-i do you swear or affirm to tell the truth the

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truth nothing but the truth i do proceed counsel slomo did you hear my testimony today i do i did

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and was it true and correct 100 yes and you adopted as if it was your own

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yes thank you questions from the board

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by the way this is the first time i saw the rco approve one of these

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right am i right alan did the community meeting so i'll give him credit

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questions or comments from our attorney hillary emberson

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not at this time Sharon questions or comments your your uh correct the uh seven foot for the

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