civus
Hearing video

ZBA Hearing - November 17, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 17, 20205h 18m

square foot lot into two lots. The minimum lot size is 2,250 square feet. We're proposing two

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lots each over 6,000 square feet. Once subdivided, the proposal is to build a semi-detached structure

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with two single-family homes, with a driveway for each house that has rear-loaded parking

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that meets the requirements of the overlay in the district. It's three stories from the front,

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four stories from the rear. There is a roof deck, but the roof deck is tucked in behind the

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building, so it's not visible from the front. The elevations are on page six. Again, it has a front

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porch, as is required by the overlay, and floor plans are on pages eight through ten. You see the

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rear-loaded driveway, and the driveway provides parking from the rear. The first floor has the

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covered porch in the front living space kitchen and then a rear deck and then the roof deck as

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I said is tucked in behind the peak of the roof in the rear. With me is Steve Aschewski who is a

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partner of Baker Street Partners. Mr. Aschewski would you be sworn in please? Good afternoon sir

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please identify yourself spell your full first and last name sure uh steve oszewski first name

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is s-t-e-v-e last name is o-l-s-z-e-w-s-k-i and i am the managing partner for uh baker street

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partners thank you swearing the firm to tell the truth the whole truth nothing but the truth

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thank you mr o'brien mr shesky did you hear my testimony yes uh was it truthful yes you

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adopt it as your own i do thank you questions from the board no

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anyone else would like to testify in this case if so please raise your hand

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at this time Mr. Chair thank you planning commission good afternoon Brian Wendrick city

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planning staff this property is indicated for single-family residential use

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This property is indicated for single-family residential use on the comprehensive plan.

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Accordingly, we have no objection to the granting of these variances.

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Thank you.

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MI 2020-0017166738 Pitchin Street, my vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you. MI 2020, that's 001863, 300 Rouse Boulevard.

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Okay, Mr. Chair, I have Mr. Ronald Patterson.

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I will promote him to the panelist.

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Thank you.

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I'm sorry.

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Good afternoon, Mr. Patterson.

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Please identify yourself with a record, and I'll swear you in.

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okay i think i'm in good yep patterson clare harrison law firm 1835 market street

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pa 1913 and patterson p-a-t-t-e-r-s-o-n thank you you swear and affirm to tell the truth the whole

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truth yes i do so patterson you agree to waive the reading of its refusal and

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stipulate to its accuracy? I do. Also, have you emailed an exhibit packet with the required

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documents, proof of ownership, proof of tax compliance, copy of the refusal or referral

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photos and plans five days prior to this hearing? I did. Thank you. Thank you. Have you met with the

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RCO and have a letter? We have, yes. Thank you. Please proceed. Thank you. If I could share my

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screen. So this application regards Iovance. It's a new building that's under construction

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in the Navy Yard. It's accessed by coming off of Broad Street South, making a left,

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turning down on Ralph's Boulevard. It's a late stage oncology company that focuses to bring

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T-cell therapy and manufacturing at this location. This application regards their building

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identification sign here noted along the top of that upper floor. As you drive through,

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this is on your way down here to the property it's down located here you'll see that it's

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flanked by buildings all around and every one of these buildings has similar type of sign it's just

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the nature of how large the navy yard is uh vast and expansive and uh makes it easier to identify

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these buildings there's a building on the right here's it we're moving towards the eye advance

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building and here it is you can see that it kind of matches it does match this rendering

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so we apply for the sign it's a flat wall sign it complies with the provisions for size

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and dimensions it's 150 square feet total about 28 feet by five feet of course as we know citywide

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there's a prohibition on any signs are located above the bottom of the second floor windowsill

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which this is and again as I explained earlier I believe the hardship lies based on the property's

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location the surrounding uses its use and just the nature of of that area that it really needs

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to identify the buildings so it can easily be found as you traverse through the Navy Yard.

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We did meet with the Veterans Stadium Neighbors Association, and yes, that's still the name,

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and they provided us with a letter of non-opposition. I'm not sure if you have it,

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but I will pull it up. But their jurisdiction goes all the way into the Navy Yard?

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yes um so the other side of west side of broad street would be packer park civic which is

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i know i think they went into the navy or yeah there's no other group that's uh closer yeah

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yeah all right all right ron if you don't mind you can summarize and we'll sure so uh i would

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like to allow mr stan newman uh to be accessed to the the hearing you can allow him to enter

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good afternoon mr newman when you get on please identify yourself with a record spell your last

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name and I'll square you in.

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yes thank you uh stan newman s-t-a-n last name newman n-e-w-m-a-n director of facilities

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thank you you swear and affirm to tell the truth the whole truth nothing but the truth

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I do.

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All right, Ron, please proceed.

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Thank you.

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Hi, Stan.

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You've heard my testimony, correct?

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Correct.

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And would you agree that it's true and accurate and you would adopt it as if you were your own?

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Yes, I would.

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Is there anything you'd like to add to what I've said about the need for the sign?

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um nothing more than just bringing um this life science that's uh much much needed in the world

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um to philadelphia and to make it prominent uh to hopefully help cure some cure a horrible disease

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that's it but you actually have patients that would drive there or no sir we we do solid tumor

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remediation so in late basically uh someone will get an operation their cancerous tumor

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will be cut out there's a piece of it it will be frozen sent to my facility there in the navy yard

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where we conduct our our process refreeze it send it back to the hospital to be put in back into the

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patient's body and and at that point it shrinks the tumor beautiful great thank you thank you

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thank you thank you very good work any questions from the board no

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Planning Commission and excuse me anyone else have anything that would like to speak on this

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there's a copy of these the VSN letter here you can see okay Planning Commission

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good afternoon Brian Winrich Planning Commission staff this property is indicated for commercial

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mixed use on the comprehensive plan therefore we have no objection to the granting of the

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variances as long as the sign does not extend above the parapet wall that's accurate thank you

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thank you mi 2020 that's zero zero one eight six three three hundred rouse boulevard my vote is yes

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my vote is yes my vote is yes my vote is yes my vote is yes thank you mr thank you mr newman for

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choosing philadelphia and all the best of luck thank you very much i appreciate your consideration

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and you're accepting. Excuse me. This is Sharon Saleta. We had a case this morning. There was,

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it was an add-on case, Rachel Pritzker's, that you delayed until two o'clock. She has a witness here

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who would, who cannot. We lost you, Sharon. What? I'm sorry. It's a follow-up hearing from this

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morning. I can pull up the MI number if you could call that next, please. Yes, please.

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The case is calendar 37967, 1501 North 33rd Street.

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Okay, Ms. Pritzker.

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Ms. Pritzker, you are now a panelist.

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Please wait to be sworn in.

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Good afternoon.

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Good afternoon.

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You're still under oath from this morning.

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Okay.

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So this, I'm going to share my screen.

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You've seen this.

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rachel just identify yourself oh sorry rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r

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1635 market street suite 1600 philadelphia pa 19103 thank you please proceed so this is the

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case you've seen before 1501 north 33rd street um where we are proposing 17 uh multi-family

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dwelling units on an rm1 lot with 13 accessory off-street parking spaces accessed by a front

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street on 33rd street here in strawberry mansion the last we discussed with the board there were

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concerns from the community about putting a curb cut here even though there's an existing curb cut

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and existing curb cuts on the block and we basically went back and had another rco meeting

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We basically went back and had another RCO meeting in which kind of yielded the same result of not wanting parking.

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And we wanted to get our traffic engineer on to review his report and his findings.

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And then 12 minutes before the hearing this morning, I was provided with another report from OTIS.

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um and I just wanted to have the our engineer speak to that report as I had not had a chance

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to review it and I'm not an expert in uh traffic planning so um I wanted to have um I think David

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Horner's on the line to be able to discuss his findings and then also to kind of uh share about

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the report that we obtained that I believe is uh from the city um as well so people had

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concerned about traffic coming down 33rd through over the park. Okay. Yes. All right.

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Jason, do you see David Horner? Yes, I do. We just raised his hand. I'll allow him to speak

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right now. Thank you very much. Welcome. Mr. Horner, you're allowed to speak. Please wait to be sworn in to

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Good afternoon, Mr. Horner. Please identify yourself with the record, spell your last name, and I'll swear you in.

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Hello, my name is David Horner. It's H-O-R-N-E-R.

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We're in a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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And your involvement in this case?

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I was a traffic consultant retained by the applicant to look at the driveway proposal.

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Good. Thank you, Ms. Pritzker.

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thanks uh mr horner can you just quickly um state a little bit about your experience so that we can

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qualify you as an expert and then go into your report please for sure i think in the interest of

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time we'll stipulate that your client meets all the specifications okay thank you thank you yeah

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so um david i just want to have you um kind of go into what you looked at and what your findings were

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and then share that with the board the issue really at hand is whether the access provided

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from this curb cut to provide for 13 accessory on off-street parking spaces is dangerous in this

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location if it makes it more dangerous than having nothing there and sort of what requirements you

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looked into to be able to determine that and then I know that you were also provided kind of last

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minute with the city's report and just wanted to have you weigh in on that as well so that

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we could help the board come to a consensus around this project. Sure, be happy to. So we looked at

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the proposed driveway location and the very first thing we look at is whether there is appropriate

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site distance for vehicles coming in or exiting the driveway to see down 33rd Street to make the

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turns. We looked at that, and those familiar with the site would understand that if you're looking

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to the right exiting the driveway, there's really no issue at all in terms of sight lines.

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The question would be looking to the left towards the bridge, the overpass, and then the road also

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bends beyond that. What we found was that there is well in excess of the appropriate distance needed

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to pull out safely. There's over 470 feet of sight distance where about 280 feet would be

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required. So we felt very comfortable that that is a safe exit. We also looked at the driveway

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itself in terms of the width and the configuration. It's at a 90 degree angle. It's 24 feet in width

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providing for two-way traffic and given the fact also that it's a very it's a low

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low volume driveway in terms of its classification with PennDOT given that it's serving 17 dwelling

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units we feel that the driveway with an orientation is appropriate and safe.

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um were you able to review the report um that was provided to us this morning by

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the office of transportation infrastructure and sustainability i did did you provide comments

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about their report i know that there's uh some of it that kind of just pertains to zoning but

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at least if you could address sort of the um comments that were made about um high high

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vehicular traffic and sort of their assessment that, you know, which is kind of the opposite

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of what you've suggested. Sure. Yeah. I mean, without obviously reading through the whole report.

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Or, yeah, I mean, without obviously reading through the whole report or without presenting the whole report, basically, their recommendation, their conclusion was that given that 33rd Street has high traffic volumes.

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Their opinion was that to provide a curb cut to allow off street parking is not advisable.

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So my opinion is actually the opposite. My opinion is that providing a curb cut to allow for off-street parking provides a concentrated point of activity where it's consolidated and the traffic is coming in and out at one point.

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The opposite you would have if you did not have these additional 13 off-street spaces is, number one, you'd have a parking demand on street, and the fact that then traffic would be looking for parking, pulling in and out of parallel parking spaces when they find them, I think that's actually a worse situation in terms of safety on 33rd Street.

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I think we're better off having the additional parking and having it at a one specific location that we that is safe to pull in and out.

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I disagree with their conclusion.

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Excuse me. I have two questions.

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What is the speed of the car entering the driveway and what is the speed of the car exiting the speed of the driveway?

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way? Well, the posted speed limit is 25 miles per hour. Of course, you're slowing down to enter

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and exit. So when you're entering and exit, you're probably 10 miles per hour as you make the turn.

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I believe that answers your question. What is the speed on 33rd Street? It's 25 miles per hour.

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so they have to slow down

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approximately 5-10 miles

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per hour

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yeah I mean you don't come to a complete stop

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as you're turning in but you certainly slow down

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to make the turn

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yes

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is there two lanes one pass

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and one entered the site

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no there's one lane in each direction

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so that will slow the traffic

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all the way down to Gerard Avenue

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well

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It doesn't take very long to make the turn, and it would slow it down less than someone that's trying to pull off the highway or pull off the roadway for a parallel parking spot or the like.

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So I don't see that as an issue.

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I think pulling into a driveway, as there are other driveways along this segment, doesn't create an issue for the through traffic on 33rd Street.

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Thank you.

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Are there any other questions at the point we're just trying to make is that

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as far as the city's report is concerned and as far as the research that we've done is concerned

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that we do believe that it would be um short-sighted to not provide parking accessory

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off-street parking while we're trying to add 17 additional units and I know that the board has

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heard that there's 40 some odd units with no parking being added to this block as well um that

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people who live on this block um had testified before that there's a lot of parking on the

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sidewalks um and other areas um which you know theoretically could continue obviously if we

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don't provide accessory off-street parking although we did you know acknowledge the

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community's concern as well and tried to work through that um over a few meetings so um i don't

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other that will get a consensus there but we appreciated the opportunity to continue to engage

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with them so um i don't want to um spend any more time on this unless the board thinks it's valuable

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um and again we've heard this you've now heard this case a few times

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okay we're going to move on uh any questions from the board no no

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