civus
Hearing video

ZBA Hearing - September 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 15, 20204h 33m

posting for the this virtual hearing, photos of the site and surrounding area.

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Yeah. I'm sorry, Ms. Quigley, were you going to share the screen?

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Because we don't see it yet. Hold on one second.

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Can you see it now? No, not yet. Did you hit the bottom button, green share screen?

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There we go, Ms. Quigley. Coming on. Okay.

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Maybe I should have one of my kids help me. Now we see it. Oh, okay.

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So as I said, we have the necessary exhibits that we've sent to the Zoning Board,

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photos of the posting, the deeds, the tax clearance certificates.

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I will take us down to the, there are the photos of the postings.

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I apologize if it seems to be going slow. Here's a site in the surrounding area.

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I'm sure most of you are familiar with this area anyway.

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way. So as I said, it's a consolidation of the lot to connect these two buildings for

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educational offices accessory to the Germantown Friends School. And here is the site plan.

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You can see here's a consolidated lot. This was approved by the City Survey District. There's

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the stamp. Here's the floor plan. There are existing three-story buildings, which will be

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combined, and you have conference space, a reception area, office use. This is a special

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exception, so it is permitted in the RSA 2 residential district, with a special exception

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from the zoning board, for educational use. We do have a letter of support from the Penn-Knox

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Neighborhood Association, and we did speak with Councilwoman Cindy Bass's office, and they

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informed us that they would be submitting a letter directly to the zoning board. So I have not seen

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that letter, but presumably the zoning board is in possession of that letter.

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I have the Curriculum Vitae of Jamie Unkafor. As I said, he is the architect of record.

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Allowing this, granting the special exception for this educational use will have no specific

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or general detriments to the community. These are existing buildings. Any work done will be done

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inside there's no change in any area of the buildings or to the exterior other

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than fixing up but we're not increasing the

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size of these buildings it's really internal

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improvements again for the educational use accessory to germantown friend

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school we believe this is consistent with the

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surrounding neighborhood

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if

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If, Ms. Sunkit, if you can unmute Mr. Nick Dobrowalski, he's from

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Germantown Friends School, so he can affirm what I've said and if he wants to

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add anything.

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Okay, Nick, you can unmute yourself and wait to be sworn in.

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Nick you have on two devices yes or just mute it

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okay that better no we still hear it

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Let's see if I dropped that at a time.

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Does that work?

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No.

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No.

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I just can't.

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Let me get out of this.

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So if you can just mute the mic on one device, it would allow you to not have that echo.

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Still same problem, Nick.

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Okay, now we can barely hear you.

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Wigley, is there anything in your file?

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I'm sorry.

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I just need Mr. Dobowalski to affirm that what I said is accurate.

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He doesn't really need to testify.

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Okay. Well, we'll accept that. You're an officer of court, so we'll accept that he would testify and accept your testimony. All right.

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Thank you, Chairman DiCicco.

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You're welcome. Any questions from the board?

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No.

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Anyone else wish to testify in this matter?

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Yes, Chair. We have Charles Richardson from the Councilperson's Office.

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Mr. Richardson, you can unmute yourself and wait to be sworn in.

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Good morning.

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Good morning, Mr. Richardson.

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Please identify yourself with a record.

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Charles Richardson from the Office of Councilwoman Cindy Bass.

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We're in firm to tell the truth, all truth, and nothing but the truth.

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I do.

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Please proceed.

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I wanted to let

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the board know that the councilwoman

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has no opposition to granting the special

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exception for this project.

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Thank you very much.

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Planning Commission?

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I'm sorry, is there anyone else

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before it? I'm sorry. No, Chair,

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that's all. Thank you. Planning Commission?

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While this property

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is currently indicated for

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residential use on the city plan,

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we feel that

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this use does not

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pose a negative

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impact to the surrounding area accordingly we support the granting of

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a special exception thank you calendar number three nine eight two seven three

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four dash three six West Coulter Street my vote is yes my vote is yes my vote is

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yes my vote is yes my vote is yes thank you very much members of the board may I

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please move our exhibits into evidence also was that a yes yes okay calendar number 39575 5624

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Lebanon the owner is Kimberly McIntosh and this is an application to legalize the use as the two

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family household living within an existing structure

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this proposed use is not permitted in the rsa 5 zoning district

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miss mcintosh you've been promoted to a panelist

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you can unmute yourself and share your screen but wait to be sworn in

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miss mcintosh can you please put your name and address

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on the record miss McIntosh I'm not sure what kind of device you have I don't

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Ms. McIntosh, I'm not sure what kind of device you have. I don't see.

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Okay, now you can unmute yourself.

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I don't see video.

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Hello, can you hear me?

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We can hear you and see you. Name and address for the record, please.

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Hi, my name is Kimberly McIntosh. The property address is 5624 Lebanon Avenue.

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

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yes okay do you also well no proceed please okay so i purchased this property in september 2018

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as my primary residence um i purchased it as a duplex but i i thought it was a duplex

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um upon refinancing the property this year uh we ran into some problems with um

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uh zoning and they came back to me saying that the property is not

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zoned as a duplex it's zoned as a single family uh so i applied for i'm seeking a variance i met

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with the community and rco and they support um they support my decision in as far as me

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right now the the bottom and living in the top um i have a letter let me see if i can share screen

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i have a letter from the rco can you see it or no

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no but that rco would be the winfield residents association yes and can you see it now yes okay

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here okay perfect so it's pretty much just you know i met i met with the community explained to

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them that it is my primary residence and it is a duplex um the listing said that said that it was

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a duplex and they um pretty much you know support my decision in uh using it so i haven't done any

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structural um fixing up you know to the property because like i said i purchased it as a duplex

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i can show you the original listing let me see right here it says a great duplex in winfield

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first time home buyer and even had pictures and it showed that it was two bedrooms unit one and

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unit two um and like i said i didn't run into problems until it was time for me to

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get it refinanced and then they pretty much said it's a single family LNI told

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me that the zoning law has changed but I can seek a variance in which pretty

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much brought me here with you guys so pretty much I'm seeking a variance that

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way I'm able to run out the bottom floor and use it as a duplex these are

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pictures of the house okay thank you any questions from the board no no no anyone else wish to

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testify in this case no hands at this time chair thank you tanya planning commission

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properties indicated for residential use on the city plan given the property's history we have

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no objection into granting variance thank you very much calendar number three nine five seven

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five five six two four lebanon my vote is yes my vote is yes my vote is yes my vote is yes

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okay miss mcintosh good luck thank you thank you calendar number mi2020-000947

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and the address is 4513 baker street meredith ferliger is the attorney

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i'm sorry i couldn't resist but we're glad you couldn't you're using the baby as a prop

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to pull at our heartstrings okay all right i swear i'm not how old's the baby

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30 months wow i know time flies right yeah oh he's gorgeous meredith

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good morning again mr chairman members of the board meredith ferlger f-e-r-l-e-g-e-r

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with delworth paxton 1500 market street suite 3500 e good morning meredith do you swear

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Good morning, Meredith. Do you swear or affirm to tell the truth and nothing but the truth?

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for him to tell the truth nothing but the truth

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Let's do it.

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I sure do.

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Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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You may proceed. That was a good move.

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You know.

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You do what you have to do.

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I ask Meredith to.

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You should save it for a real tough case.

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I know. This is an easy one. I really shouldn't have done that.

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I insist that Meredith send me pictures with every email or text message.

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Good morning. I am here on behalf of my client, Fred Almas, who should be on the Zoom. Our architect

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had a family emergency. I don't believe you're going to need any of his input this morning.

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um i'll try and keep this as short as possible we have support for this proposal from manny

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on neighborhood council the councilman's office i believe we also have support from the planning

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commission on this before the board today is a proposal for a new single family dwelling located

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at 43 15 baker street the board should have an exhibit packet with 16 exhibits that i will refer

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or two. The single-family dwelling is being constructed for my client for his family.

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He currently lives in Maniunk and is looking to build a bigger home for his family.

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As you can see in the aerials at Exhibit 10, the property sits between Green Lane and DuPont Street

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and backs up to homes along Smick Street. As is shown in the zoning map at Exhibit 9,

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the property is zoned RSA 5. Photos of the property and the surrounding area

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begin at Exhibit 16. The property is is really currently rather strange. You'll

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see that it has an existing curb cut that leads to a driveway and a detached

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garage all the way in the rear of the property that used to serve the

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residents of the adjacent home at 4515 Baker Street. The properties were subdivided since,

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so now all that remains on this property, 4513, is a driveway and a detached garage.

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If the board refers to the original zoning plan at tab 4, we also have submitted a revised zoning

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plan and a revised plan proviso form. The plan calls for the erection of a single-family home

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with two interior off-street parking spaces. Tab 8 shows the rendering of the proposed home.

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There are several renderings. They're really just for example purposes. He's still working on

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what he would ultimately like his facade to look like, but you can get the idea here of what this

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home will ultimately look like. As far as the structure itself, the home does comply with the

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dimensional requirements of the code. In fact, the home occupies significantly less area on this lot

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than would be allowed. The changes that were made from the original application do not impact the

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refusals. To summarize, the rear yard depth and area was slightly decreased, but is still larger

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than the code requires. The open area was increased from 43% to 45%, and the home was pulled forward,

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eliminating the front deck, and the curb cut was reduced from 23 feet to just over 17 feet.

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Now, with respect to the application, we received two refusals. First, the home is set back from the

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property line by four feet and let me bring up the plan just to give you an understanding

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so you'll see the the property line is right here along baker street and the home is set back

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about four feet it would be technically it would technically be required to be flush with the two

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adjacent homes however we do submit to a hardship because the property is not only subject to

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extreme grade changes, they make that do make ingress into the existing curb cut

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difficult and would make it even more difficult once a home is built on this

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lot. Furthermore, if you refer to exhibit 11, the two adjacent homes actually appear

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to encroach somewhat significantly into the right-of-way, we were not able to determine

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exactly how much the encroachment is, but you can see the white line here represents

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the property line. So Fred would be unable to match his front to them no matter what he did.

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So Fred would be unable to match his front to them no matter what he did.

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Baker Street is also extremely narrow at only 16 feet wide, with parking allowed on the north side of the street, immediately adjacent to Fred's property.

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Accordingly, by setting the house back slightly at four feet, it does allow for safer and more efficient access to the interior parking.

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We also received a refusal for the proposed parking, which cannot be accessed from a rear street, shared driveway, or alley.

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We do submit to a hardship because the property has had a long-standing curb cut and parking access from Baker Street,

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so the parking will remain consistent with the long-standing condition of the property.

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Also, nearly 50% of the properties on this block of Baker Street have some form of parking, including 4511, 4525, 4522, 4514, 4512, 4508, and 4502 Baker Street, as well as 131 DuPont Street.

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And you can see in the photos, I've tried to document just how many existing garages or parking access there is along this block of Baker Street.

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Because there's an existing curb cut, the proposal will not reduce any on-street parking.

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We do submit the variances or the least minimum, will not increase congestion, and complies in full with the provisions of Section 14303AE of the Code,

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as is further detailed in my full memorandum of law submitted a tab 13. I would be happy to

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learn elaborate further if the board desires. Now with respect to the community we did meet

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with Maniunk Neighborhood Council. Fred also met directly with a group of surrounding neighbors to

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try and work out some of their concerns and he was able to ultimately get their support.

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You'll see the results of that meeting at tab 15 with unanimous support for the requested variances.

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If I could now have Fred hop on. Fred, if you hit the raise hand button.

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Hello, can you hear me?

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Yes. Fred, name and address for the record, please, and I believe the chairman will need to swear you.

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Sure.

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