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Hearing video

ZBA Hearing - July 14, 2021

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

when he stated that there's a demolition of the existing garage, which he showed on 38th Street.

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My understanding of this project, and I'm pretty sure I'm correct,

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is that there's going to be a demolition of an existing seven-story building at 3910 Poulton,

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and this garage that they're proposing will be built in its place and take up, you know,

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a greater area, the parking lot, et cetera.

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Yes, you're correct. Sorry about that.

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So nonetheless, you know, Penn work collaborative with the surrounding communities and the result is a compromise, which is acceptable to those of us involved.

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We are very pleased that the agreement sets up a process that we expect will significantly involve neighbors in future Penn Presbyterian Medical Center development.

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And so we support this project and would like to see it go forward.

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Thank you.

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Thank you.

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Anyone else to testify in this case, please raise your hand.

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Chair, we have Andrew Goodman.

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

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Afternoon, Mr. Goodman, identify yourself, please, and I'll square you in.

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Good afternoon.

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Andrew Goodman, G-O-O-D-M-A-N, here representing the office of third district council member,

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Jamie Gaudier, room 586, City Hall.

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You square it for him to tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Thank you, sir.

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Please proceed.

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Thank you.

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Mr. Chair, members of the Board, given the size and impact of the proposed use, we ask

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that the applicant take more time than what is normally asked to engage with near neighbors

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and community groups to unpack the impact of the new garage, think through ways to mitigate

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that impact in a collaborative way, as well as make commitments to a similarly collaborative

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effort as Penn continues its master planning of the Presbyterian Health Campus. Based on all the

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progress that's been made, as other witnesses have spoken to for these reasons, Council Member

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Gaudier has no opposition to the requested special exception this afternoon. Thank you. Anyone else

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to testify? Yes, Chair. We have Pamela Andrews. Please unmute yourself and wait for the chair.

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Good afternoon, ma'am. Please identify yourself with a record, spell your name, and I'll swear you in.

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Good afternoon. Can you hear me?

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Yes, we can now. Please spell your full name.

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Thank you so much. Pamela Andrews, P-A-M-E-L-A, Andrews, A-M-D-R-E-W-S.

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You swear our firm to tell the truth, the whole truth, nothing but the truth?

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I do. Thank you so much.

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Please proceed.

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My name is Pam Andrews.

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I'm the chair of West Clout and Saunders Park RCO, and I just wanted to make a brief comment that the community and the various RCOs in the area have worked very hard to engage in collaborations with Penn to support this project in a way that would continue to allow the community to have ongoing impact.

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in future construction projects at Penn.

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I just wanted to note that we're very excited

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that there's going to be an ongoing working group

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between the various RCOs

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to deal with any additional problems or concerns

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that might come up in regard to this project.

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With that said, West Patmos-Arndes Park community

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is here to support the project and to help it move forward.

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Thank you.

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Thank you, ma'am.

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Anyone else?

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Chair, we have one more person, Ms. Ingrid, please unmute yourself and wait for the chair,

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please.

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Good afternoon, ma'am.

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Please spell your full name for the record and I'll swear you in.

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Ingrid Bernadette Weiche W-Y-C-H-E

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You swear or affirm to tell the truth the whole truth and nothing but the truth

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I do

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Please proceed

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Hi, my name is Bernadette Weich, Democratic Ward Leader of the 24th Ward.

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Hi my name is Bernadette Weiche

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I, Bernadette Weich in the 24th Ward, and I know there's RCOs that's in my ward, I support

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this project.

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Thank you very much.

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Anyone else?

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i see no more handshake thank you planning commission good afternoon david fecto city

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planning commission mr chairman members of the board the comprehensive plan recommends this

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property for commercial mixed use for one of the most permissive classifications in the zoning code

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we believe the applicant has shown that an above ground parking garage will have no more of an

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impact than a garage otherwise would in this location. We recommend that the board grant a

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special exception. Thank you. MI 2021. That I'm sorry. Let me repeat that. MI 2020-0027063800

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Palton Avenue. My vote is yes with the proviso revised plan. One page approved today.

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My vote is yes, Reproviso.

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Yes, Reproviso.

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Yes, Reproviso.

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Yes, Reproviso.

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Yes, Reproviso.

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Thank you. MI 2021-001427, 5303 Chester Avenue. Mr. Notkinson, you're still under oath.

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And, well, we'll ask you the question. I have a note that we've not yet received the RCO letter, but you'll clear that up for us, I'm sure.

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Mr. Nockmson, do you also do a great away the reading of the refusal and stipulate to its

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accuracy? I do. The only thing I would say is Ms. Amazon will be presenting this matter in the

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following matter as well. Okay. Excuse me, Carol. Just one minute. Nine in

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a lime cone plague is not connected, right? Just separate case. Separate cases. That's

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correct mr chair thank you okay and where is she she's here you are hi hi can you put your name

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and address on the record and spell your last name yes of course clemente amazon um from

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rockinson pc 123 south broad street suite 1600 19109 you swear from to tell the whole truth and

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nothing but the truth. I do. Do you agree to waive the reading of the refusal and stipulate to its

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accuracy? Yes, I do. Have you emailed the exhibit packet with proof of ownership, tax compliance,

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refusal, or referral, photos, and our plans of the property five days in advance of this hearing,

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and have you met with the RCO, and do you have a letter? Yes, and we actually have a letter of

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support from the RCO. Thank you. You may proceed. Okay, so I'm just going to share my screen.

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can everyone see my screen yes it's a positive reaction

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again my name is clemente amazon i'll be presenting 5303-05 chester avenue

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um so during my presentation i'll be going through the deed certificate of tax clearance

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The notice of refusal, this property is currently zoned as RSA 5. When my client purchased it, it was an RM1 property, so we're just looking to have multifamily use here. We are requesting to have nine units.

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We also have the application for appeal, map of the area, photographs of the area, our proposed plans and drawings.

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So, we had a couple meetings with the community for this project, so we do have revised plans

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as well as a proviso form because we wanted to incorporate some of the feedback that we

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received from the community, which also provided us with a letter of support because of the

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changes that we did make.

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So, here's the deed showing that my client does, in fact, own the property.

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Tax.

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And then the notice of refusal.

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Again, the property is zoned as RSA 5, so it's actually 5303 and 5305 Chester Avenue

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that we are looking to consolidate and we are looking to have multifamily use here.

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We have the application for appeal.

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Again, the refusal, our project information form.

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The map of the area.

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So as you can see, property is zoned as RSA 5.

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But when my client purchased it, it was previously zoned as RM1.

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As you can see from the map here in 2019, when my client purchased, it was RM1.

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And then it made the transition to single-family.

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and then it made the transition to single-family. Another map of the area, as you can see, we're

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Another map of the area, as you can see,

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this lot right here. Here's a view from the front of the property, a view to the right of the

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property, a view to the left of the property, and we have our revised plans and the form.

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So the only changes that we're making here is we're removing the roof deck, we're extending

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the porch to the full width, which is something that the community requested of us,

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as well as that fence wall will be reduced by two feet.

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So here we have the elevations and site plan,

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another view of the front of the property,

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and then this just indicates some of the views

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and changes that we made for the structure of the building and the design.

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And here is our rendering for the property.

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So we have a beautiful porch,

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and we incorporated a lot of the design from the neighborhood as well.

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Our floor plans, again,

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we're just looking to have multifamily use here. We do have an ADA compliant unit as well, which

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the community is very clear about. Yes, Mr. Holloman. Can you go back to the basement plan?

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Can you blow it up some? Just the basement plan. Okay, let me see. So this is actually not a full

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basement because we are a bit above grade here and we do have separate entrances for these units

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as well. What percentage are you above grade? I believe it's about 50% above grade, but we also

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do have the architects on the line that could verify that as well.

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So I believe it would be low design, either Evan or Leah Litvin.

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are you saying the architect will get on line yes i believe their hands raised

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your architect's name it's either evan or leah litvin from low design

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hi um i believe we were just unmuted yeah please uh spell your full name and i'll swear you in

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Hi, this is Leah Litvin from Low Design, L-E-A-L-I-T-V-I-N.

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

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Yes.

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Thank you.

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Please proceed.

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Tom had a question.

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Mr. Holloman had a question for you.

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Do you have a second for the exit from the basement for the windows?

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Yes, we do.

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Yes, absolutely.

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We have egress wells from both apartments that have any basement space.

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Both of the lower-level apartments are bi-level, so their main living space is accessed at grade.

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And as Clementa mentioned, it's only partially below grade.

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What percentage below grade?

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It's about 50% below grade.

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You know, the code requires six feet above grade.

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So you can see that the building is actually split level, so the high basement in the back

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is, if you zoom into the section, helps you understand.

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Just bear with me a bit, my computer's a little glitchy here.

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do the grades slope uh no the grade does not slope significantly so there are um the front

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unit is five feet below grade and how many feet above grade four feet yeah four feet above grade

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And that's in order to keep the porch line consistent with the rest of the block.

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And then at the center, we have a split level plan for this building so that at the grade

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on level one, we have a unit 2B, which is an ADA accessible unit.

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So that's why we've done grade access for unit 2R.

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and then the third unit in the back at grade is bi-level

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with an egress well out of the back rear bedroom.

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Do you know what the IBC requirements for out of the grade

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for sleeping units in the basement?

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Yes, to have egress.

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No, speaking of egress, I'm talking about building out of the grade.

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What does the IBC require?

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uh they they require emergency uh rescue access out of the basement bedrooms

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They they require emergency rescue.

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and they give a dimension

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yes i believe there there is a minimum dimension 5.7 square feet is the dimension i believe off

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the top of my head to access the egress well you gave me square feet what about linear feet

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three feet deep for the egress well

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minimum so what i believe that these are all larger than that

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they're they're they all exceed that dimension but you're not giving me a dimension though

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what's the ibc i don't have the ibc open in front of me during this hearing i apologize

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guys. I would have to look it up. But they are code compliant.

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If they're six feet out of the ground, there'll be code compliance.

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What section of the code are you referring to in IBC? Chapter five, section two.

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okay well um would you like us to look it up and get back to you no problem

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but you must ask the chairman

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yeah we can do that um we have one other case uh how much time do you think you would need ma'am

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um about five minutes just to look it up in the code yeah okay so we'll go through this and if

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it's not five minutes then we'll come back to you we'll go to the next case i think uh miss uh amazon

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are you handling the next case as well line kiln pike yes i am okay so we'll still be with you

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all right any other questions from the board no no else to testify in this case please raise your

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hands chair we have excuse me andrew goodman please unmute yourself and wait for the chair

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thank you mr goodman you're still under oath just identify yourself and proceed

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good afternoon andrew goodman here representing the office of

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mr council member jamie gaudier room 586 city hall

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mr chair members of the board i attended the most recent rco meeting hosted by the coordinating rco

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this past monday i can speak to what i observed that evening which was a very fruitful and

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positive conversation about many of the design revisions made by the applicant which i assume

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will be you know described further once once their presentation resumes since they and all

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these changes were made since the initial meeting with the rco a few weeks before that for this

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reason the council member has no opposition to the request of variance very much anyone else to

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testify i see no more hands here you planning commission good afternoon david fecto city

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planning commission mr chairman members of the board the comprehensive plan recommends this

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