civus
Hearing video

ZBA Hearing - February 21, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 21, 20246h 33m

No, the one that the tenant moved out of, I'm just going to keep that empty and use it as an office.

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Or when my husband and I get approved, we'll move into that room.

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Okay.

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Thank you.

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Questions or comments from the virtual audience?

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mr chair i have a hand raised by a doris aldridge i have allowed them to speak okay

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good morning my name is stars aldridge spell that please could you spell your name for the

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court scenario yes d-o-r-i-s-a-l-d-r-i-d-g-e

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

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I do.

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Are you a neighbor?

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I am the chair of the RCO.

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Okay.

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Please proceed.

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When Allison presented at our RCO, her project was not met positively, but the situation has changed.

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We were mostly concerned about the sheer number of people in the House.

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As she presented, there were two rental units and asking for two Airbnb units.

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We were uncomfortable with the arrangement of that many unrelated people living in such proximity.

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I don't have the power to change the vote, but I think her project is more amenable to our community, as she stated.

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That's all. Thank you.

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thank you thank you for taking the time to call us um planning commission

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thank you chair bergman and good morning david effecta with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the residential

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multi-family zoning at this location the appellant has shown that the proposed single

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room residence will have no detrimental impacts beyond what might be expected however there is

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no unique physical condition or circumstance of the property that would require it to be used

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for visitor accommodation the 2020 zoning ordinance passed by city council which regulated

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short-term rentals did not change the basic rules prohibiting full-time use of a dwelling unit as a

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short-term rental this type of absentee management where the owner does not live in the unit has been

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illegal since the first short-term rental zoning regulations became effective in roughly 2012

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what's changed since the passage of the 2020 ordinance is that there is now a licensing and

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enforcement mechanism the city planning commission recommends the board grant a proposed special

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exception for single room residents but deny the proposed use variants for visitor accommodation

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okay thank you um so miss hartram what i want to do with this is um i want to meet with the other

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board members and next wednesday uh they will vote on where we stand um and we just want to

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take a little time to try to figure out what this is and i want to work with our attorney too okay

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i mean i know i know what you're presenting but we haven't had this single room residence

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with visitor accommodation so i want to it's unique yeah i want to just really try to figure

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this out where we stand and we will get back to you next wednesday okay we will vote at

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9 30 next wednesday okay should i should i show up for them um you you could you you should listen

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in, I would think. Yes, absolutely. I'm invited. Okay. Wonderful. Thank you. You're invited.

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You'll be invited. Okay. Thank you so much. All right. Thank you. Okay. So we're going to now go

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to

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number

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number seven

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right

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yes number seven

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MI 2023

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005 618

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7238

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Bryan Street Steve Masters

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is the attorney

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there is a letter of non-opposition

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from West Mount Airy.

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And also there's

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a petition of support

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approximately 27 neighbors

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nine from the 7200 block

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of Bryan Street. Mr. Masters.

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Good morning Mr. Chair

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and members of the board. Mr. Masters

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could you just state your name for the record and spell it for the

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court stenographer? My name is Steve

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Steve Masters, S-T-E-V-E, M-A-S-T-E-R-S, with the law firm of JustLaws.

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

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

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I do.

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I do.

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Could you identify your client and relationship to the property?

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We represent the property owners, Itzik Lawrence and Elaine Blender.

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And our vice chair has a few questions for you, sir.

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

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Good morning, Mr. Shahid. We do not stipulate to the accuracy.

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In fact, we believe that many of the refusals are actually wrong, and we are going to present that in our presentation today.

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So I would like to go through the refusals.

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You don't have to.

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I will agree to waive the reading of them because I'm going to go through them in my presentation.

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Understood.

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Looking forward to it.

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Have you emailed in all the required documents and exhibits that's needed five days in advance of this hearing?

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Yes, we did.

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THANK YOU. PLEASE PROCEED AND SHARE YOUR SCREEN.

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ALL RIGHT. GOOD MORNING AGAIN, MR. CHAIR, MEMBERS OF THE BOARD.

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WE ARE HERE TODAY. LET ME BRING THIS UP TO THE FRONT. OKAY.

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This zoning appeal concerns a deck that was built some time ago in the rear of our client's

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property and then when they bought the property, the deck was in very poor condition and they were

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strongly recommended to reinforce it and to repair it, which they did.

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And after that point, they received a code violation from L&I saying that the deck was not properly permitted.

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We had originally believed that the deck was originally built according to a permit after the sheriff's sale

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and the previous owner had purchased the property from the city.

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That does not appear to be the case or we could not really verify whether this deck had originally been properly permitted.

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So as a result, and we'll go through this, but we filed an amended application for appeal to basically reflect the fact that this was not a previously permitted deck.

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The notice of refusal here has three grounds.

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The first is in terms of the stairs.

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As we'll see in the photos, there is a stairway that goes from the deck down to the rear of the backyard.

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And the LNI examiner said that that stairway was not allowed when a deck was part of an attached building.

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The other two are dimensional standards, and we believe that both of these dimensional standards are actually improper refusals.

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We actually meet these requirements, and we'll go through that and show you that.

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So there are three zoning refusals. It is our contention that only one, the first one, is accurate and the last two are not.

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The petitions in support were also redone because our original petitions referred to the deck being previously permitted.

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so now we circulated new petitions and got new signatures at the suggestion of the RCO

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which basically addresses the story of how the deck was unsafe and how it needed to be fixed up

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and now it needs to be legalized

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all of these owners are very very close

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many of them are literally on the same block as the property owners

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So the Westman Airy Neighbors RCO voted to not oppose. There were five in support. There were two opposed, one abstained, and there were four in non-opposition. So overwhelmingly it was either in favor or non-opposition.

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um their letter did go into some detail though about what i've referred to already uh the previous

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understanding that we had that there was a proper permit for the deck and we have addressed it as

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i've said by putting new petitions out to the neighbors not no longer referring to the deck

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as being previously permitted and also um as we'll go through um putting any an amended

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as we'll go through putting an amended application

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application for

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for appeal that doesn't reference the argument

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that it was previously permitted.

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So we do have an architect from OZ Collaborative

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that's available if the board is interested

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in exploring the design of the deck in any ways,

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but these are the plans that were prepared on the deck.

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so here we have um you'll you'll see these better with with the photos but um

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but the deck has the here's the stairs that go down from the deck on

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into the rear yard of the of the house um and

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the deck framing

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This is a more clear diagram showing the deck and then the stairs that descend down.

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Here's a rear elevation view showing the deck and showing the stairs.

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and some of these plans are are actually more of the building plans so they're they're not

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they're they're much more detailed than than a typical zoning diagram

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this is the underneath of the deck these are the stairs that go on the left of the

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of the deck down to the rear yard.

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Here's another view of the steps going up

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towards the top of the actual deck itself to the right

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and to the left is a door that connects to the kitchen.

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This is the deck itself.

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You'll see that the deck is not covered.

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It has no walls, it has no ceiling.

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It is a completely open deck.

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This is a view from the deck towards the north showing the part of the portion of the stairs.

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This is the kitchen door to the left, and this is, you have access to that from the deck

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itself.

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This is the footings of the deck, and this is the property boundary.

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When we looked at decks, there are a number of decks, a handful, basically, in the surrounding block.

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All of those decks also have stairs that go down from the deck level to the rear yards.

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So here we have some photos that are going to be a bit better than this.

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but we have a neighbor that's two doors down here

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that has a deck with a circular stairway that goes down.

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You can see that, well, this is a bird's eye view,

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but I believe we have a better view here.

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So yes, this is the neighbor's deck,

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just two doors away that has a circular stairway that goes down.

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This is our deck, but it's blocked by a large tree,

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so you can't see it in that photo.

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This is a deck around a few doors down in the other direction, showing this deck also has stairs that go down to, in this case, it's to the front of the property.

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In Exhibit 6, we presented the RCO with an analysis of why the refusals were incorrect.

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So the first one, you'll recall, is around the stairs. And that one is correct. But our argument on the refusal for a stairway not being allowed on a deck that is an attached dwelling is, number one, the character of this area is that every single deck that is in this immediate area has stairs that go from the

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the level of the deck down to either the front of the house or the back up so there are no decks

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that don't have stairs but more importantly as you'll recall there is a door to the kitchen

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that is kind of that without that deck would simply would be inoperable because you can't

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exit a door that is one story above the ground so the our clients would be allowed to put a

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the ground so the our clients would be allowed to put a stairway that would connect that that

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kitchen door to the rear of the yard it would be virtually the same stairway it would maybe

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be a few feet over so it's not that there wouldn't be a stairway uh in the backyard it would be

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attached to a door as opposed to the deck and so that seems to be a meaningless distinction in the

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code. The maximum occupied area, the violation is de minimis. It's only 35 square feet beyond

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the maximum occupancy allowed of 92, 923.61 square feet. The lot itself is undersized,

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which is a hardship basis for the dimensional variance. And in the mirror, the minimum rear

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yard depth uh we basically are more than three feet away from the the rear property line in

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section 14 6044 this is the section of the zoning code that deals with with decks it states that a

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deck may not encroach into the required rear yard unless it complies with the following

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a it's constructed so the floor level of the deck is at or below the floor level of the first story

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which is fully above grade uh the rco agreed with us that uh that's what's happening here the the

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floor level of the deck is is at level with the first floor of the house which is which um from

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the street area is is at grade but the but the there's a slope in the property so that in the

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rear of the house uh it's actually down to the to the basement level and then second it's not at any

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point closer than three feet from a rear lot line and it is more than three feet so we believe the

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examiner was incorrect in saying that there was a rear yard dimensional refusal in addition

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the the code also states that decks are permitted between the rear wall of the building and the

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rear property line as long as they are not enclosed by walls or roof above if a

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deck is has a cover or a wall then it's considered part of the principal

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building and it has to comply with all the yard and other requirements in this

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case as you saw the deck has no wall has no roof it is therefore exempt from

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require from complying with any of the of the dimensional requirements for for closeness to the

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rear wall and um so it is not uh it doesn't apply to the minimum distance to the rear lot line um

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and therefore the only issue is the stairway and as we said the stairway would be attached to the

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kitchen door if it's not attached to the deck which makes which which is which which doesn't

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doesn't seem to be any kind of a significant deviation.

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We're gonna scroll through here.

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These were some of the items

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that we presented earlier on to the RCO.

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This is our zoning notice posters,

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our tax clearance,

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the deed showing the ownership is with our clients,

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This is our amended appeal in which we specifically reference the errors in the refusals and we

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summarize those on the second page, which we've gone through.

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So you have seen all of these arguments before.

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There is no project information form, content required.

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This is our RCO notice letter that was delivered to all of the near neighbors and our proof of mailing.

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At this point, I would like to call Itzik Laurent and Elaine Blender so they can adopt my testimony.

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Mr. Masters, just to go over one more time.

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They bought the property.

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The property had a deck that was in Rory Bad shape.

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they replaced that deck they didn't they well there's some there's some dispute as to whether

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