civus
Hearing video

ZBA Hearing - July 14, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 14, 20216h 15m

have letters to support across the street um you know these neighbors have have agreed that it's

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not you know that they've supported it everybody that came to the meeting but again you know his

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the way his property is set up is a little different because it's right on the side there

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and literally anybody walking by is going to be driving by walking by will be able to see directly

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into that yard if, you know, the four-foot opaque requirement, you know, if that had to stand. I

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mean, at the end of the day, again, if there was a pool, we actually think it would benefit the

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neighborhoods. People can't get into it so easily, especially if nobody's home.

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Okay. Confessor?

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Yep.

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Do you want me to?

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That's fine.

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Okay.

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do we have any questions no no question

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say that again tom you're breaking up no questions oh okay i might get my phone is on the line as

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well that's brown anyone else here that would like to speak in this matter chair we have alice

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Udovich, please unmute yourself and wait for the chair.

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Carol, you sore her?

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Alice, do you want to put your name in it?

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Ms. Udovich, do you want to put your name and address on the record and spell your last name, please?

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good afternoon madam chair members of the board alice udovich from councilman brian o'neill's

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office city hall room 562 the councilman has no objection to the granting of the variance at this

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location. Thank you. Do you swear for him to tell the whole truth and nothing about the truth?

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I do. Thank you and thank you Ms. Sunkett. Are there any virtual other witnesses wanting to

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testify

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i see no hands madam chair okay

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Okay. And the Board has no questions, Planning Commission.

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and the board has no questions planned

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Good afternoon, Vice Chair Tonari, members of the Board. David Fecto, City Planning Commission.

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The Comprehensive Plan recommends this property for single-family use. We do not believe the applicant has shown an adequate reason for why they need a fence that is taller than the code allows and less than 50% transparent.

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It is out of character with the rest of the block. We recommend the Board deny the requested variances.

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this calendar number one five five nine my vote is no

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my vote is uh no my vote is no my vote is yes

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calendar number two oh mr chair do you want to take over can you hear me now

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Yes, I apologize. I was shut me down on everything, but I'm back. All right. Calendar number MI 2020-002-706-3800 Palton Avenue.

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Mr. Patterson, West Poulton, Saunders Park, 24th Ward, People's Emergency Center, Community Development Corporation, Poulton Village, Civic Association, all send a letter of support with a revised plan.

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Hi, Mr. Patterson. Can you put your name and address on the record and spell your last name, please?

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Sure. Thank you. Ronald Patterson, Claire Harrison Law Firm, 1835 Market Street, Philadelphia EPA 19103.

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

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Yes, I do.

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

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral,

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photos under plans of the property five days in advance of this hearing and have you met with the

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RCO and do you have a letter uh yes to all the above okay great you may proceed okay thank you

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um sure can you hold to see my screen

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yep we can see it is it the map can you say

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is it the aerial photograph yes okay great i just want to make sure what screen's working

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so thank you this regards uh the address of 3800 palton avenue um it concerns and it is a

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pen presbyterian hospital it encompasses a large footprint a property here spanning 38th street

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Palton Avenue, Filver Street, and Sloan Street. It's approximately 12.5 acres,

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which equates to about 546,000 square feet. As a picture show.

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there's some of course i think we all know where this is uh here's kind of the area where we're

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going to talk about so um of course there's a hospital here and related buildings that are all

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permitted as a matter of right there's also a parking lot which you're looking at here

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and at a parking garage that exists, it's a five-story parking garage having 676 parking

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spaces that you see in this picture. So this application involves demolishing that garage

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and constructing a new eight-story garage of approximately 481,000 square feet with a retail

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space height of about 88 feet having 1456 parking spaces we're also looking at revising and

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reconfiguring some of the open area which would create some additional

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surface air parking if i can get this here is our site plan so where i'm denoting here

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is the existing parking garage and the denoting here up on the left hand corner is the new garage

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and below it here you'll see some additional landscaping and reconfiguration of existing

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parking lot so the property is located in the cmx4 commercial zoning district as i mentioned hospital

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use is allowed so is parking and what is proposed as i mentioned is this garage it's an above ground

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garage the parking garage use itself is not prohibited it's it's permitted but the fact

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that the garage is above ground requires special exception approval from the board and so

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requires special exception approval from the board.

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And so, you know, with respect to that,

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we will show that this will have no adverse impact

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on the public health, welfare, traffic, and safety

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by showing that we've met numerous times

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and had our outreach with the various RCOs,

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both officially and officially noticed meetings

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and also, you know, informally and formally

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throughout the year or so.

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as well as a traffic impact study that Pannoni has prepared to satisfy the criteria of the Zoning Code 14-603 that's required for this above ground garage.

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We also were subject to and went to civic design review for this building since it is greater than 100,000 square feet of new floor area.

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And that meeting was held on May 4th, 2021, and the completion letter is in my exhibit package, Exhibit 11.

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So with that said, I have two witnesses, first one being Mr. Steve Cobb, if you could promote him.

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Good afternoon, Mr. Cobb.

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Please identify yourself, spell your last name.

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I swear you in. Good afternoon, Chairman DiCicco, members of the board. My name is Steve Cobb,

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S-T-E-V-E-N, C-O-B-B. You're going to tell the truth, the whole truth, nothing but the truth?

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I do. Thank you. All right. Thank you. Hi, Steve. Could you tell the board

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by whom you're employed and what your position is there?

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i sure i'm the government director the government relations director at penn medicine

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okay and obviously you're aware of this project that's why you're here and uh would you agree the

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testimony and present presentation you've heard me provide is true and accurate and you would

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adopt as your own so far yes uh can you briefly just tell the board uh and i'm sure it's inherent

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because this is a beneficial use you know what the purpose and nature of this new garage is and what

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will serve? Yes, so the current garage that Mr. Patterson mentioned is currently obsolete

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and must be replaced. It's costing around $250,000 per year just to maintain in working order.

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We are also looking to create sufficient on-campus parking for employees so as to

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discourage parking in the neighborhood. The new garage will also allow for the campus to

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accommodate for future expansion. Thank you. And as I mentioned, there was a significant

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outreach effort that was undertaken. And can you kind of summarize how those meetings went

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and the results? Yes, we have been meeting with the four RCOs that cover this area,

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as well as near neighbors on Sloan Street for over a year now. Since September of last year,

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we've met at least eight times in a group setting to discuss the plan and to discuss,

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you know, the future of the campus and how to work together. We have, as of April,

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was signed on April 20th, a letter of agreement with the four governing RCOs, whereby they

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agree to support the project, and we set forth a number of items we're going to work together

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on some features of, you know, some community benefits that are incorporated into the project

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and other things like that.

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And what I have on the screen, Steve, represents the culmination of those meetings and the

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support by all these groups both with respect to the design pursuant to civic design review

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and this requested special exception relief for the garage is that fair to say yes okay

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thank you if there's no questions for Mr. Cobb I'll move on to Craig Bryson b-r-y-s-o-n

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Bryson please uh identify yourself spell your full name and I'll swear you in

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Mr. Bryson, please unmute yourself and wait for the chair.

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Hello?

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There you go.

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I hear you.

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Yes, my name is Craig Bryson, B-R-Y-S-O-N.

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

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I do.

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I do.

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Thank you, Mr. Patterson.

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Thank you, Mr. Patterson.

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Hi, Craig.

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Hi, Craig.

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Again, should you tell the board where you work?

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Again, she's...

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Yes, I work for Pannonia Associates.

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And what's your position there?

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I am a vice president.

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And you're familiar with this project?

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I am.

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And you're familiar with the plans that we've shown the board and submitted as part of this zoning permit application?

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Yes.

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Okay. And also, Mr. Chairman, we did submit revised plans a few weeks back, which would be part of this application we'd ask you to consider.

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Is it one page?

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It's one page, yes.

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Okay.

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So, Craig, you heard my testimony presentation. Would you agree it's true and accurate and you would adopt this if it were your own?

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Yes.

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Yes. And so as to the garage, how many spaces are in this garage proposed?

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The garage is proposing 1,456 parking spaces.

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Okay. And then along with an additional 27 surface parking spaces, is that accurate?

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That is accurate.

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And we've also revised the plans to show additional landscaping and shrubbery. Is that true?

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That is true.

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And, you know, this is a large garage, obviously, and has some impact on the area.

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And so naturally, this has gone through vetting by the streets department. Is that fair to say?

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Yes.

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And they reviewed, such as the locations of the curb cuts, traffic circulation, the density impact and the like along that area?

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Yes, they have.

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And what have they concluded?

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They have approved the traffic impact study.

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And as part of that, they've asked for several public improvements at various intersections.

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Okay.

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In which we've committed a lot of dollars and time, mainly focused around pedestrian safety at these intersections.

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Okay, thank you.

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And lastly, as I mentioned in my opening, that because this is an above-ground garage and requires special exception approval, we commissioned Pannoni to conduct a traffic impact study under the guidelines of 14-603 of the zoning code.

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Is that correct?

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That is correct.

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And that traffic impact study can be kind of summarized or described as a level of service study?

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That is correct.

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And a level of service would mean that you look and you count the number of cars at the nearest lit intersections during rush hour at 15-minute intervals.

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Is that accurate?

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That is accurate.

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and the result and the determination in accordance with the zoning code

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would be that there shall be no degradation of the level of service

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at those intersections?

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Correct.

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And what does the level of service mean?

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If you could just summarize that.

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It's a grade given to the operation of basically a time delay

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that you're at the intersection, A being perfect, F being failure.

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and you would assign a level of service A through F.

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So it just means how long you wait at the intersection.

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Correct.

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And whether this garage will cause you to wait any longer.

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You know, it's not acceptable.

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And so in your report that it's on the screen here,

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you concluded that there would be no degradation of the level of service?

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That's correct.

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we've determined that all intersections operate at an acceptable level of service.

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Okay, thank you. Are there any questions for Mr. Bryson?

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If not, I just wanted to include that based on the above and what we have submitted

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and the testimony you've heard, that we feel that we prove there's no adverse impact on the public

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health, safety, welfare, traffic. No one has, at least that I know of, has raised an objection

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that that would happen. And so that coupled with the fact that we did submit to prepare the traffic

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impact study, that meets the criteria of section 14.603 for granting a special exception for an

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above ground garage, namely that there is no degradation of the level of service. As I

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described, we would ask the word to grant this special exception relief.

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Thank you. Any questions from the board?

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No.

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No.

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Anyone else like to testify in this case? If so, please raise your hand.

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Chair, we have Deborah McCarty. Please unmute yourself and wait for the chair.

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Good afternoon, ma'am. Please spell your full name, and I'll swear you in.

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Good afternoon, ma'am. Please spell your full name. I'll swear you in.

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Good afternoon.

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Good afternoon. Deborah McCarty, D-E-B-R-A-M-C-C-A-R-T-Y.

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Where from to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you. Please proceed.

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So I'm here representing the Pelton Village Civic Association,

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and I think it's worthwhile noting that I believe Mr. Patterson misspoke

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