civus
Hearing video

ZBA Hearing - July 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 21, 20215h 54m

MI 2021-001-318-1805-East Passiunk Avenue.

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Or as my neighbors would say, Passiunk Avenue.

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And I don't see any hands here.

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Anyone here for 1805-East Passiunk Avenue?

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no hands chair okay uh mi 2021 that's zero zero one three one eight 1805 east pass yonk avenue

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is continued number four yep excuse me this is sharon um we do have a request from rachel pritzker

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that she perhaps be called next she has an rco meeting coming up this afternoon

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number five case number five mi 2021 that's zero zero one two seven one seven four six

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south cleveland street there's a letter from sasna a letter of deferral with provisos

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good afternoon chairman members of the board

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great so you're still on the oath from earlier today i don't believe i was sworn

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Oh, no, I'm sorry. It was Meredith. I apologize.

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So please spell your full name and I'll swear you in it.

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Yep. Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia, PA, 19103.

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Do you swear if I'm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Do you agree to wait and stipulate to the accuracy of this application?

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Yes.

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have you emailed an exhibit packet with required documents including proof of ownership

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proof of tax compliance a copy of the refusal or referral and photos and or plans of the property

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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 thank you please proceed i apologize i'm a little under the weather so if my voice

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goes in and I'll do my best. Okay, so this is 746 South Cleveland. This application, I'm just

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going to try to bring it up. Yeah, so this is the property we're talking about similar to a case

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that the board approved a few months ago. It's 748 South Cleveland, which is the directly adjacent

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building. This is an existing single-family home. We're looking to do a third-story addition with

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a mansard roof and a third story, setting it back as a mansard roof instead of the eight-foot

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setback. Our refusals that we have are related to the eight-foot setback, as the board can see.

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Our refusals that we have are related to the eight-foot setback, as the board can see.

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Again, we're trying to provide a mansard roof similar to the adjacent property and the rear

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properties on Doran Street as well, and in line with what Sazna has typically been supportive of.

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The only other refusal we have is for rear yard depth. We're not changing the rear yard depth.

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We've actually modified the plans, which the board should have revised plan forms that our

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architect will go into actually pulling back the third story addition to match the directly adjacent

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neighbor at 744 South Cleveland which I'll go into in a minute but we're not actually changing

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any of the rear yard it's existing so we're just not adding on top of it and making it worse but

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had this application just for the board's information had this application been withdrawn

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today and reapplied for we would have it would actually be by right for the roof given 748 South

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Cleveland was approved however we would still have the rear yard again nothing we can do about

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that because it's existing but we do have revised plans um limiting the slope of the pilot house

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minimizing the height of it from uh I think it was 33 to now 32 feet in height although 38 feet

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is required is permitted um and making some other changes with the um keeping the cornice line and

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doing a clear parapet wall, which we'll go through in more detail. Again, this property

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is a single family home. These are the revised plans that we have. And as you can see from

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the revised plans, the rear addition is going to stop where the directly adjacent neighbor

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at 744 is. I just want to bring the board's attention to 744 South Cleveland. This property

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is also a two-story single-family home they were actually granted a variance in 2011 to permit for

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the erection of a two-story rear addition uh 62 feet sorry six feet two inches by 14 feet nine

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inches as part of an existing two-family dwelling so any hardship that that property claims is is uh

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is self uh is self-provided as they were able to obtain a variance uh for their uh rear yard so

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they're limiting their open space, which I think the requirement was 30% at the time, and they were

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approved for 21%. I also want to make it known that that property is actually not owner-occupied.

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The owners of the property have been running this property out to tenants since 2004,

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so they actually don't live there. But despite all that and despite their rear yard variance that

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they were able to obtain. We have revised the plans in order to address concerns that their

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attorney had expressed to me regarding light and air. So I just want to make that known.

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The other property I think the board will hear about is 714. And as you can see,

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this property backs up to 746 and 748. The owner of this and their attorney, I believe,

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are on this call as well. This property was consolidated. It used to be two properties.

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she not only has this rear yard but she also has a small rear yard here there's no records of the

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addition that was put on this house that is taking almost 100% law coverage so once again any concerns

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are really self-created and there's plenty of rear yard and open space in addition to the skylight

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and things that the board members from the previous case had brought up and that we had talked about

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in addition again for 746 which we're here for we're willing to pull back with the revised plans

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pull back the addition that we're providing to meet directly the neighbors basically having it

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be in the same condition we also reduced the height again we were at I think 33 which is less

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than the 38 we're now going to be at 31 and also providing for a slope pilot house to take into

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additional considerations as the board may recall from the last hearing this is what is being

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proposed directly adjacent as well. So 748 South Cleveland was approved with the same changes

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and a proviso to lower the height of it and do the slope pilot house in addition to having the

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parapet wall be see-through. So as far as uniformity, this is going to be in line with what's directly

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adjacent. And just again, if we're looking at similar in the neighborhood, this is the block

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directly behind it. This is Doran Street, which actually is similar in width as far as it being

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a small street, as the board can clearly see. And they have mansard roofs next to two-story

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single-family homes. They also have straight-up flush, which we're not providing, but we're

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trying to kind of keep in mind of the mansard roof. And it's not out of character for this

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neighborhood. This is the block behind it. And as you can see, the mansard roof, even

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mid-block, even next to adjacent properties, looks a hell of a lot better than this. No

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offense to whomever's home this is. I'm going to stop there again. Like I said,

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I'm going to stop there again. Like I said, our hardship is really that this is a small lot. It's under 700 square feet, this lot. It also has an existing addition to it in the rear. And there's a mix of properties in the block. There's white homes with different colors. And so I don't think what we're providing is disrespectful of the block.

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our hardship is really that this is a small lie.

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and again we've tried to make a lot of changes. What we would be able to do by right is the

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mansard or even the eight foot setback. We still would be in front of the board today for the

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rear yard which again we can't do anything about its existing unless we were to demolish

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parts of the home which again directly next to your neighbor has additional lot coverage as well

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so it's not unique for these lots with these very small houses and very small lot areas.

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I'm going to pause there to have Scott Woodruff share his screen. I just want him on the record

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to put the different changes we made that are referenced in the Proviso plan form.

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Is that one page, Rachel? Yes, I believe it's one page.

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Yeah, one page. Mr. Woodruff, please spell your full name and I'll swear you in.

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uh scott woodruff uh 4001 main street suite 203 philadelphia pa 19127 last name please

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uh w-o-o-d-r-u-f-f we're affirmed to tell the truth the whole truth nothing but the truth

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i do thank you mr pritchett thanks scott are you able to share your screen or do you want me to

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no i got it okay great i just want you to specifically go through where we were and

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And then just highlight the changes that we made and, you know, speak to the lesser impact

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that these would have given the changes that we made as compared to the right.

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Absolutely.

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So as you can see, this gray box here is kind of the existing footprint of the structure.

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Currently this is a one story portion.

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we're proposing a second story here and we had originally proposed the third story to go back

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to this level as well in kind of some of the concerns plate and air we've pulled the third

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story back an additional five foot five roughly completely from the second story so that we're

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essentially in line with i mean roughly this is kind of a guesstimation on where this house is

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the two-story facade of the neighboring, again, in hopes to try and provide as much light and air

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back here as possible. And then we also sloped the pilothouse roof down dramatically, basically

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down to the parapet height on that third floor to, again, kind of provide more light and air.

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This also reduces the roof deck area because the pilothouse was originally in the rear here

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on this side if we can look at the side elevation you can kind of clearly see the amount that we

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cut back here so again here's that one story addition we're providing the second story here

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and then we cut all this out we originally had the pilot house kind of in the rear which we

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pushed up and then we sloped the roof back additionally again so kind of providing a lot

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more area again for sunlight air uh to get back over there um as well as reducing the height

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overall by a little more than a foot again kind of matching uh the neighboring at 748 south

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cleveland we decreased the height on that one um and then pulled back the parapet in the front

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uh and then produced a uh opaque uh railing uh that'll kind of be a little more generous for

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shadows to get through. This is Sharon. Can I ask one question? It appears that the revised plans

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incorporate all of the provisors requested by the RCO. Is that correct? Yes. Correct.

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The last thing I just want to mention. Oh, sorry. Go ahead, Scott. Sorry. I was just going to walk

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through the plans quickly. Again, this is the existing second floor here. Again, this kind of

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goes back already. We're providing room for the washer dryer in the bathroom, which is what that

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small little addition is on the second floor. And then on the third floor, we cut this all back.

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And really, it was difficult to do with the stairs, which we were able to reconfigure to

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our best ability here and kind of slope all this back. So this just gets a lot tighter.

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But again, was able to comply with the codes here to get this pilothouse to come up.

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So again, cutting off this roughly 5'6", 5'5", from the third floor.

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So, essentially, the rear yard is going to be the same as far as its coverage.

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So essentially the rear yard is going to be the same.

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Yeah, exactly.

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This is the first floor, which this is the kitchen in the rear.

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That's most of these little one-story portions that go back are.

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Again, the existing rear yard is roughly three feet, I believe.

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It's two.

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Two, 11 and a half.

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Yeah.

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Yeah, so there's three feet here.

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uh by code i believe uh seven feet is the minimum for again this lot's 44 uh feet in depth which is

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very shallow um so it's under that 45 so you get relief as is but again these are these are small

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tight lots thanks scott the last thing i just wanted to uh go over was the sasna's letter

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just so the board can see the count if you add up support it's actually 31 and if you add up

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opposition it's 27 um so actually there were more people that were in support than not in support

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um i do know they have uh taken a position of deferral to the zoning board of adjustment but

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i just wanted to emphasize that if you add up the support and opposition it's actually 31 to 27 in

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support of the project thank you okay any questions from the board no i'm sorry do you need your

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client to adopt your testimony? Yes, please. Thank you, Chairman. Greg Katz. Yvette, do you see a

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Greg Katz? Mr. Katz, you can unmute yourself. Thank you, Lakeisha. I appreciate that. Katz,

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please spell your full name and I'll swear you in. Gregory Katz, G-R-E-G-O-R-Y-K-A-T-Z.

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You swear for him to tell the truth, the whole truth, nothing but the truth? I do. Thank you,

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ms pritzker thanks greg have you heard my testimony today in front of the board yes

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do you adopt it as your own and do you believe that it is correct and accurate to the best of

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your knowledge i do and yes thank you you any questions from the board no no

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what else would like to testify in this case if so please raise your hand yes we have roger perry

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hurry please spell your full name and i'll swear i'm sorry no worry yes please spell your full

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name and i'll swear you in thank you roger perry r-o-g-e-r-p-e-r-r-y i'm attorney representing the

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owners of 744 south cleveland street thank you you swear for him to tell the truth the whole truth

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nothing but the truth i do thank you sir please proceed i would like to share my uh package that

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sent to the board can I do that? Please do. I'm looking for a shared

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He's coming in now as a panelist.

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Okay there should be. Could you enlarge that a little bit Mr. Parry? I'm sorry?

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If you enlarge that document, it's a little hard to read.

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Okay. Can we all see that?

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That's better. Yes.

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Okay. Thank you. I'll enlarge it if we need to.

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I have three procedural issues before.

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I just wanted to notify the board that on the provisal letter that Ms. Pritzker has provided,

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it says that they're moving the third story away from the rear lot line by five feet four and three

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quarters inches. That's, I think that's just a misstatement. They're actually moving it an

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additional five feet four and three quarters inches according to her architect. So that should

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be modified just to say that the total is approximately eight feet. It isn't dimensioned

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on one of the drawings, it is dimensioned

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on the first drawing that he showed.

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So just on that proviso letter,

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it should note that the total is an additional five feet,

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four and three quarters inches.

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That being said, we submitted a series

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of two procedural issues to start.

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The first is that in the public notice

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that was sent out to everybody within 250 square feet,

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we've noticed, Ms. Pritzker, that there is no reference as to what the refusal was for this

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property, nor was a refusal attached. That's not correct. Well, I'm looking at it now,

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and you can certainly direct where it is. It says here that anybody who has a question can find the

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documentation at 1515 Art Street. Right, it was sent with the refusal as all of ours are sent.

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I can we submitted the proof of mailing and those it always that's the form letter that the city requires us to send as well for any additional documents.

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This is not the form letter this it says in the form letter, which I have right here.

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this is not the form letter this it says in the form letter which i have right here

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it says that a summary of the refusal with an attachment shall be included in the notice

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yep as the board is not here and there's no i didn't see any well it wasn't to you so maybe

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your client has it it was sent to everyone who lives within 250 feet of the property you weren't

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well that was an issue the second notice issue was i understand that this is the posting of

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the property now you know miss pritzker is an attorney and normally i still post them in large

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11 by 17 orange posters this apparently is a small printed version out which looks like a

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building permit and here it is it's on the upper window i guess about eight feet which again is a

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violation of the ordinance which requires that the posting for notices be at eye level and large

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enough to read from the sidewalk this particular posting was way out of line with the regulations

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those are my procedural questions greg the board can hear you so be careful what you're saying

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so uh that being said the substance of our issue is uh that any this lot is primarily this block

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as indicated by the one photograph that was shown by the applicant is almost exclusively two-story

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row houses. That's a mischaracterization of what's going on. I will be glad to finish,

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Ms. Pritzker, and then you can ask me questions. Mr. Perry, everybody calm down for a moment,

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please. Mr. Perry, you made a statement and she's entitled to object. She objects and

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And I think the pictures that she showed make it clear that there are buildings on the 700 block of South Cleveland that are taller than two stories.

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