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Hearing video

ZBA Hearing - September 16, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Sep 16, 20252h 27m

the proposed placement of the signage, which is between... I'll show you with my cursor also.

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So here we go, 24 feet, five inches off the ground and 44 feet, six inches off of the

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and 44 feet, six inches off of the ground.

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ground.

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That's the area where the signage is proposed.

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This is above the lobby

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and along the exterior of what is existing parking levels.

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So Altera had retained parking

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that had been there with the office building.

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And you saw how they have upgraded the overall property.

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But just to give you board members a sense

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as to what is there, you have levels of parking.

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And then it's also, just to contextually show you how this is envisioned, where my cursor

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is at the sixth level above the parking is where residential living begins.

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And this is actually where we see, after the lobby level, the first sign of windows.

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Um, once again, the code speaks to window sills, but just, just putting it into context.

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And, uh, here you can see some, uh, closeups of the signage, uh, which in terms of the,

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the size, the spacing, uh, I'm not aware of any, uh, issues or anyone contesting it.

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the only issue is whether the table referenced in the refusal applies or not

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and some additional detail

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and and bringing you back to the photograph with the conceptual renderings if you will

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we're asking the board mr chairman members to interpret the zoning code in line with the plain

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meaning of the code language and as always to do so with the principle that the code should be

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interpreted in favor of the applicant we're prepared if the board would like to ask some

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questions of mr culp the representative of the department at the appropriate time

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but that in a nutshell is uh is our case respectfully before you okay do you want to

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ask your questions now if i may thank you i'd like to please call mr andrew colp of the city

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of philadelphia department of licenses and inspections

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could you please state your name and spell it for the stenographer

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andrew culp and d-r-e-w-k-u-l-p you swear our firm to tell the truth the whole truth

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nothing but the truth yes mr labor good morning mr culp sorry to uh pull you up here today thank

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you for being here i have on the screen uh a um copy of table 14901-1 of the philadelphia zoning code

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i it provides that um

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the maximum height for wall signs in the cmx5 zoning district is quote the lower of the roof

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line or second floor windowsill end quote do you agree that this is the uh sole provision

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in the code that regulates height of accessory building identification signage in the cmx 5

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zoning district no because what's that building oh sorry towards you sorry sure uh you're referring

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to something different building identification signs are a completely different code provision

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this is for regular accessory signage there's a separate section for building identification

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signage and which section is that it's later i don't have it it's 14904 something

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there's separate provisions in cmx 4 and 5 for building identification signs on high rises but

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they have to be above 150 feet that's the general gist of the requirement why sir is that not

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referenced then in the notice of refusal that was issued because these were applied for as

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accessory signs and not a building identification sign you would have to specifically identify that

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you are seeking approval as a building identification sign to apply that section

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Okay, so what's before the board is an application for accessory building identification signage. Are there any provisions in the code that would be relevant to accessory signage, sir?

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Which one? You referenced two different things. Building identification signage?

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Accessory signage.

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Okay, so then, yes, the table applies for regular accessory signage.

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applies for regular accessory signage. Thank you. Are you aware, Mr. Culp, of the provision

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Thank you.

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Are you aware, Mr. Cole,

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in the zoning code that distinguishes buildings with curtain wall facades vis-a-vis the cited

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provision in table 14901-1? Not that I'm aware of. So there's not a more restrictive measure

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in signage height for curtain wall facade buildings such as this, correct? Not that I know of. Thank

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Thank you.

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Prior to submitting this application, ZP2025-005142, an application was submitted to the department

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which is actually referenced in Mr. Reuter's submission of last evening, and it was reviewed

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by Richard Chen of your department, as you know, Mr. Colt.

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Yes.

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I'm bringing up on the screen an exchange that I had as counsel for the applicant,

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counsel for Altera Property Group with Mr. Chen.

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And then in reviewing the initial substantially same application for accessory signage at the property,

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Zoning examiner Richard X. Chen commented that the proposal would appear to, quote, be a by-right approval if updated elevation plans, reference floor plans and notes could be included in the sign drawings to clarify the situation with the new application, end quote.

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Mr. Culp, do you believe that Mr. Chen was mistaken in his comment?

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uh he was asking for updated drawings so we wouldn't be able to make a formal determination

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without a new application with updated drawings so it could be correct or it could not be correct

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based on the revised drawings that he was requesting you to submit a new application

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we can't make a formal interpretation without an application submitted with plans and required

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details. I agree. And in fact, that's exactly what was done at this point. And a new application

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was submitted with the same plans with clarificatory comments. And this was reviewed by

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Harry Wilson. Are you familiar with that review? Yes.

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and this resulted in the subject notice of refusal on the screen correct yes

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departmental eclipse records will reveal that mr wilson noted in his review that quote no sign may

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be erected or maintained in the center city commercial area unless approved by the art

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commission end quote however mr wilson realized on this point that he was mistaken and did not

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include this refusal in the subject notice of refusal that was issued correct can you please

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repeat that sure so here we go on page three of the eclipse uh comments that mr wilson created

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associated with the application before the board he noted as i've highlighted in yellow this is my

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highlight not his no sign may be erected or maintained in the center city commercial area

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unless approved by the art commission however this did not end up on the notice of refusal

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that was generated correct okay correct yes so a mistake was made on that point right

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uh not necessarily the the examiners use atlas and atlas has gis which probably flagged the

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property as in the commercial area and then we have to we have to receive information to confirm

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whether that overlay actually applies depending on the location so was it a mistake or not ultimately

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I mean, he didn't issue a refusal for it, so I don't know where the mistake would be.

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Okay, we can move on. Mr. Culp, in your role as engineering supervisor, I had reached out to you

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this past June to review the two applications that I've mentioned, the original application

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that Mr. Chen reviewed, and then the subsequent application that Mr. Chen had guided us or

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advised us we would have to file in order to proceed with L&I, and that was the one

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and that was the one reviewed by mr wilson which is specifically referenced in this appeal

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reviewed by Mr. Wilson, which is specifically referenced.

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and

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can you please read the highlighted language at the top of this page which is your

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response to me that begins the sign goes above the fourth floor level

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okay the sign goes above the fourth floor level i think you're trying to make an argument that

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since there are no windows at the second floor then it couldn't be above that but then based

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on that logic you could put the sign wherever you want up to the roof which would not be allowed

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the refusal stands you can argue with the zoning board thank you why does the code language

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reference the second floor windowsill. Can you repeat that, please? Sure. This is the

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hyper-technical legal issue that's before the board. It's a very unusual issue for the board

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to have to consider, I recognize. Mr. Culp, why does the code language in the table that we've

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looked at, which I can bring up if you wish. Why does the code language reference the second floor

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windowsill? I don't know. I didn't write the code. I don't know. I didn't write the code.

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What is the purpose of specifically including windowsill? I don't know.

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thank you in light of the specific inclusion of the words windowsill in the zoning code

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mr culp how do you abide by section 14 201 14 concerning rules of interpretation

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and construe the code in favor of the landowner of this matter so um while i don't know why

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the specific language was used when the code was written logic would state that the second floor

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windowsill would be somewhere between the second and third floor or ceiling of the second floor

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so on a regular building there would be a second floor window with the windowsill it would be

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somewhere in that area so ruling in favor of the applicant we would have to say that the highest it

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could possibly be and still be on the second floor would be at the ceiling of the second floor so

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that's where we would have to limit it if we received an application that didn't have windows

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sills or windows at all because that's the highest that a windowsill on the second floor could

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possibly be i mean that wouldn't physically work but in theory that's the highest the second floor

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windowsill could be i think i understand so to use your words

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logic you used your logic to determine the presumptive intent of this provision correct

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i guess thank you it's a difficult task i i i understand

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Mr. Chairman and members of the board, a windowsill is generally defined.

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Are you done with the window?

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Yes.

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Thank you, Mr. Cole.

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Wait.

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Do you want a couple questions?

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I do have a couple questions.

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Sure.

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Do you want me to take the screen sharing off?

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Yeah.

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Could you go back to the email that you exchanged you had with Andrew?

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Sure.

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So, Mr. Kolb, in preparing for the hearing today, did you go through the emails and other materials that you had in relation to this matter?

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Yes.

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Sorry.

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Yes.

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And with respect to that, did you come across the particular email that Mr. Labor has just referenced here?

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Yes.

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Yes. Okay. And again, I want to be careful how I broach this, but is there, is, so, and today,

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did you bring a printout of that email? Yes. Okay. And I apologize. I don't, because I didn't

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personally know that the specific thing would come up. I don't have a copy of it. I have a paper

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copy. Is there a difference between the email that you received and the one that's being shown

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on the screen yes the second floor level was removed somehow from this drawing okay i'm going

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to show a copy and this is a i'm going to show you a piece of paper this is a copy a printout of an

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email that you printed out today yes okay and uh in that does it show that there is a level two

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marked out yes that diagram okay i'm going to show that and i'm going to pass that on to the board

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and i'm going to pass that off to the board excuse me this is the reporter could i ask

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Excuse me, this is the reporter.

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mr reuter and the witness to share the microphone thank you

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he just wants you when you testify oh yes sorry that's all okay so in fact uh in in the email

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that you received there is a level level two that is uh marked out is that correct

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Actually, I sent this email and I pulled the plans from Eclipse on the application that was filed.

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So the image that's on the printed out copy, which was what I sent to Mr. Laver, had the second floor level shown, and that is what we received in Eclipse.

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And in the actual application that was reviewed, the second application that was reviewed, that also indicates a level two?

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yes and that's where you got this from yes okay all right so again we would just ask the board

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to accept the complete uh version the non-redacted version of the of the email for purposes of the

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record um now i'm gonna go to uh i'm gonna probably need to share my screen here

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i'll stop sharing

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i gotta find where's my shares i will have some redirect at the appropriate time oh you know what

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i don't think i'm actually yeah that's right i will thank you yeah sorry i didn't even notice that

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Yep. Thank you very much.

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All right.

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Trying to.

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All right. Can you see that on your screen?

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I'm sorry. It looks a little bit jumbled right now.

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but um what am i uh this is a section of the philadelphia zoning code uh

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okay title 14 section 14-202 rules of measurement

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can you read what it has under 21.1 windowsill and calculating sign height

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Yeah, if you're able to move the zoom bar, just drag it to the top.

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It should go horizontal, and then we can see the whole code provision better.

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Oh, yeah.

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It's just, see, it's not showing up on my screen.

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Oh, okay.

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Okay.

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All right.

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can you collapse the the index then on the side and maybe we can see the whole thing better

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yeah more or less yeah that's that's better thanks all right can everybody see that now

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okay and again what does that say uh window sill and calculating sign height this measurement

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shall be based on the floor of a building with which the window is associated which is fully

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above grade plane not measured as including basement cellar or other space below grade plane

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okay i'm going to stop well i'll wait that up for the for a moment and um what is your

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understanding of what that provision means i'm fairly certain that the intent of that is to

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delineate where this which floor we would consider the second floor when determining

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where the second floor windowsill is okay and is that due to the fact that in many buildings there

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are in fact no windows for the second third floor or maybe no windowsills at all for a curtain wall

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construction building I believe so one or just for a point this Gaston has it has a I guess

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that's my question is there a definition for windowsill in here there is no specific definition

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for windowsill um but it's the city's position that this provision in effect tells you where

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the windowsill is regard regardless of whether there are any windows it's this is literally

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the how you determine where the windowsill is in calculating cyanide but okay if there's no

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definition right then you have to use ordinary meaning of a windowsill and a windowsill is a

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ordinary meaning of a windowsill and the windowsill is attached it's it's with a window not just any

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height wouldn't it be i'm sorry i'm not trying to make a case for you i'm just asking the question

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that this is calculating it the windowsill at sign height right but

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there has to without the definition of windowsill i mean how do we you're saying that regardless of

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whether there is a window or not that this applies is that what you're saying i i in a in a fact yes

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that that you know again and this will be more the city's argument for closing there's more argument

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But the city's position is that the interpretation that the appellant seeks would allow an accessory sign anywhere on curtain wall construction, because there are no window sills as commonly understood for most curtain wall buildings, whether you're talking Liberty One or you're talking 1701 Market or so many of these other places.

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there are no window sills per se here in fact they've indicated that they do have levels

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and there is a second level and there is in fact glass on that second level

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so because i believe if i understood correctly the interior lobby goes up to the bottom or the

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