civus
Hearing video

ZBA Hearing - December 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 2, 20206h 53m

the lack of circulation and the lack of ability that's exhibit a14 that we have in the packet

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essentially that's that's those are the hardships of the parcel uh narrow no front not enough

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frontager access from Lawrence. Go to the next one. Go to the next one to show that it's go to

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show the site plan that's attached to that. This was in 2009. They got a permit. Go there. And

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they had it because of they had to build a projected a perpendicular building to the to the

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street because we only have one curb cut. We have 90 feet of frontage or not. And it just that was

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never built this thing never got built in 2009 permits could have been extended to 2013 never

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happened it just shows you that this property is just not usable for that particular purpose

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jack coil are you still on i see your name because i'd love to have him yeah could you

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you heard what can you be sworn then and mike tantella too and then we'll be finished mr chair

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if we can get those two guys i see them on so if i can get john coil sworn in and

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i see his microphone is now off so he can probably talk john

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yes can you hear me

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yeah can you hear me now yeah we can hear you

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chairman could you swear mr coyle in and we'll just

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jack

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yes are you madam vice chair could you um square them in please

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Yeah, it looks like one of you guys are, you're both muted, maybe.

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Both are.

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

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Yes, I do.

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yes i do jack you heard the my summary of the perceived hardships for the hardships of this lot

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Jack, you heard my summary of the...

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yes i did and you agree with that yes i do and it was your testimony that property could not be

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developed for in a reasonable fashion for any i2 uses because of these hardships and also the

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proximity and noise from I-95 and any number of things. Is that correct? Yes.

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And in your view, is this minimum variance needed to afford relief for this application? Yes.

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Is there any adverse impact on surrounding properties or on the general public health

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safety and welfare? In my opinion, no. And you also prepared a grid chart. I believe that it's

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exhibit A-19.

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Could we pull that up, please?

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This is the court reporter.

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Could I have the name of the person who's testifying right now, please?

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Andre Coyle.

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Mr. Johnson.

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C-O-I-L.

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C-O-Y-L-E.

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Thank you.

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Mr. Coyle, could you explain to the board the significance

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of this chart that you had prepared?

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Committee members, I prepared this chart

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to identify the relationship of land areas

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and street frontages to all of the properties

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in the immediate vicinity.

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It's demonstrating the amount of frontage

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that's customarily needed to have an adequate

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industrial enterprise operate on a tract of land.

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I created a range of frontage per acre.

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the subject property has the smallest frontage per acre of any of the properties in the zone

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and in my opinion the frontage is so limited that you could not put a building on here and have it

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serviced by over-the-road trucking which would be a necessary feature which is the customary way

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that goods are moved across the country shared by almost every other occupant in that vicinity

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so I think that there's grave restrictions on the ability to use this land

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All the other properties that you have identified are most of them developed?

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Every one of them is developed.

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Except this parcel.

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Except the subject, yeah.

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You can see I've identified the building area on every one of the parcels.

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And you heard my testimony or my summary of your testimony regarding the taking in, I believe, 1962 for the I-95 right away?

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Yes.

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And how much property did that take from this lot?

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1.492 acres were taken. The remaining acreage is 2.09 acres. So what originally started out

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as a 3.5-acre parcel with two and a half times as much frontage is now a 2.09-acre parcel.

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That parcel had connectivity to the rails, right?

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Yes, it did.

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That connectivity or spur is no longer available?

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That's correct.

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i don't know who the questions of this witness and i would move all exhibits

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into evidence as well okay and then just yeah can we just get michael tantel on very quickly just to

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affirm everything michael are you still there i think

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yes can you hear me yes please please identify yourselves by your last name for this

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report reporter and i'll swear you in michael w tantella p e t a n t a l a tantella associates

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llc engineers and architects we're in a firm to tell the truth the whole truth nothing but the

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truth yes sir i do we're just going to be real real i i you know we're we're very mindful of

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what you said though because i think mr bednar may you know have something to say about this at

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the end of this presentation. That's why, you know, so we'd like to get our stuff in.

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Mr. Tintal, did you prepare a study regarding the need for to elevate the sign to 65 feet

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above the roadway, that is from the bottom of the sign face to the roadway, and thereby

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requiring a variance from the 25 feet set forth in the ordinance?

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uh yes sir they're contained in exhibits a 12 a and b go to those exhibits please

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that's not it

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it's before that now keep going keep going it's those two special ones

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Line of sight is 12B. Exhibit 12B.

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exhibit 12b there you go you had him yeah go back there you go that's it now why

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do we need 65 feet mr. Tintela this we need 65 feet to overcome visual

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obstructions from PennDOT directional signage that would block the cross-read of northbound

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traffic viewing the sign across I-95. The directional signs identified on the lower

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figure in red, it has a relative elevation of 77.44 feet. The next slide, which is also

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part of this exhibit, shows a line of sight analysis. You can see in the upper right-hand

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corner that directional sign, how that would be in a line of sight, and that's what we

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need to vertically overcome. The lower half of this figure shows the challenges and the

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analysis of drivers headed northbound in terms of distance, time, speed, and the amount of time they

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have to see the sign and its relative elevation above those directional signs. Namely, the line

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of sight right in the middle shows how the proposed sign will just overcome the directional

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sign's height, which is about itself 16 feet tall, its face, and itself is 34 feet above

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the grade of I-95. So this will afford drivers enough time to see the sign without obstruction

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and without the sign to interfere with that directional sign.

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So is this a minimum variance needed to afford relief?

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Yes, sir, in my professional opinion.

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excuse me i didn't get that question you're breaking up is this the minimum variance needed

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to afford relief did you get that court reporter yes thank you mr chairman yeah is this the

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minimum variance needed to afford relief yeah okay secondly is there any danger or a distraction to

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do you have another device on yeah your microphone is really bad vince you were doing well

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now are you able to answer yeah uh yeah um mr mr mr mr tantella um with regard to this matter

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In your professional opinion, will this be detrimental to traffic safety?

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It will not be detrimental to traffic safety, in my professional opinion, sir.

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And what's your basis for that?

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My basis for that are the analysis, the visual traffic site analysis that I did,

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taking into account all the surrounding geometry, the proposed height.

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Additionally, we look to research, which looks at traffic statistics and human factors of how long people glance at these signs.

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And there have been a number of studies over the years by the Federal Highway Administration, educational institutions, and I myself have published with the Transportation Research Board and the Institute of Transportation Engineers.

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I have over 30 publications, a number of them related specifically to traffic safety and signage.

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So on the local basis and the greater research and the fact that PennDOT permits these signs

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with the controls that are going to be part of it and the spacing are the basis for my professional opinion.

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Okay, thank you.

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Michael, I also made some representations during my presentation.

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Did you hear them?

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Yes, sir.

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And did they accurately reflect your testimony?

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Yes, sir, they do.

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And do you adopt whatever I stated that may be attributed to you as your testimony today?

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Yes, sir.

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I adopt them as my own.

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Okay, thank you.

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I believe, unless he's, if he's on the phone, on the line, Richard Cedrone, who is the chair

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of the south philly community association said that he might uh join in to verbally orally say

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what they've said in their letter that they're supportive i don't know if rich is on the line i'd

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great if he's not you know you have his letter and as i said you have two letters from

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councilman squilla and councilman johnson with that we move to our record and we would rest

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those letters will be made part of the record thank you thank you okay any questions from the board

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thank you okay any questions from the board no anyone else would like to testify in this case

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Yeah.

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No.

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if so please raise it raise your hand mr richard santron has raised his hand i will

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allow him to speak right now sir i didn't get that name so whoever you are sir please

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please give us your full name. Was it Richard Cedrone? Mr. Cedrone. He raised his hand

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a moment ago. Mr. Cedrone, please raise your hand. No worries. No worries. Chair already

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stated that we don't need his testimony. We can continue. Those letters are part of the

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record. Anyone else? Okay. No further hands at this time, Mr. Chair. Thank you. Planning

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commission so ron bednar city planning this property is indicated for industrial use on the

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city plan the application is within 500 feet of the existing non-accessory sign which could

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create safety safety concerns to those driving along delaware avenue by having too many signs

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too close together it's the planning commission's standing policy to oppose outdoor non-accessory

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signage that negatively impacts safe transportation movement accordingly we recommend the request for

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variance not occurring uh hold on zero zero two one three seven three six seven zero south

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Lawrence Street my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes thank

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you thank you members of the board have a great day and I want I want to hear that I want to see

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that Crosby Stills Nash and Young poster Crosby Stills I love it it's great I'm over anytime

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thank you everybody bye thank you you got it carol go ahead calendar number 0367 2356 garrett street

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now this is taryn saletta i just wanted to explain that this case was previously before the board

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mr dofino made changes based on the neighborhood's requests we asked him to go back to lni to get

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an amended refusal, which he did. Thank you. Good afternoon, Mr. DeFino. Please identify

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yourself with the record and I'll swear you in. Sure, it's Vincent Anthony DeFino with DeFino

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Law Associates. I represent Admir Valky. He's here with me today if we need him here. Okay,

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thank you. Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?

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yes thank you mr defano please begin do you also agree to waive the reading of its refusal

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and stipulate to its accuracy yes have you emailed the packet with the required documents

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proof of ownership tax compliance refusal or referral photos and plans um and have you done

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this five days prior to this hearing have you also met with the rco and do you have a letter

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yes uh this uh matter was originally heard on september 2nd uh 2020 at which point we did

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put forth all the testimony uh necessary to come to a decision the only thing we had to do

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was basically uh put in for a new refusal because the use was changing from uh well the original

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the original proposal was uh basically one commercial unit on the first floor and a

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residential unit on the second and one residential on the third uh also nine foot was required rear

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setback and four foot was proposed so that was another refusal we met with the neighborhood

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they were fine with the setback uh the only issue they had was the commercial unit they wanted us

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to get rid of the commercial unit after many discussions thoroughly intense discussions with

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the board and with the neighborhood uh they asked for three residential units which would be an

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overuse uh so we had to go back for a new amended refusal for the three residential units which we

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did and that was uh refused and we were told to bring it back to the board so basically everything

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done. We had a proviso letter that's part of the record. The councilman, I believe it was Pierre,

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i believe it was uh pierre uh france pierre testified uh that they were they were in support

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of it so we had all the support and there is a proviso letter that makes up if you need me to

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get that i can i can post that back up or whatever you need me to what is the contents of what is the

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verbally tell us if you have it and if not you can pull it off oh yeah i have it right in front

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of me right now okay so one affordable unit committed to below market rate um not within

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our jurisdiction rounded bay windows on 24th street side which we did already in the revised

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plan that you have uh we we removed the bay on garrett street that was done in in the revised

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plan that you have uh the height was reduced to 36 feet and we have to remove alley trees

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um and then remove the commercial space and have three residential units which we did

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through the new refusal and a new sidewalk excuse me this is sharon sletta mr dofino all those

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changes were included in the plans that were reviewed by l and i as part of the review for

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the new refusal is that correct so that is correct so they would not need to be added as revised plans

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right that's correct no there's no revision no revision revised plans

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they were revised and they were included in the original uh hearing but the only problem was there

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was three residential units versus one commercial and two residential okay but i don't need to

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no you don't because he went back to lni and they reviewed the new plans okay just want to make sure

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thank you uh mr dofino do you have your you want to bring your client on

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yes i'm just going to spell his full name first and last name

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hello guys my name is admir velco a d m i r and last name is v e l ko

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do you swear in the firm to tell the truth nothing but the truth

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yes i don't thank you and you heard my testimony you heard my testimony is it sure when accurate

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yes i know do you adopt it as your own yes okay thank you any questions from the board no

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

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no further hands thank you planning commission on bednar city planning while this property is

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currently indicated for neighborhood commercial mixed use on the city plan based on the application

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revisions we have no objection in the granting of variance thank you ron zero zero zero three six

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seven two three five six gerrit street my vote is yes my vote is yes my vote is yes my vote is yes

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my vote is yes thank you carol number six thank you very much everybody have a great holiday

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and i look forward to seeing you guys in the new year get rid of 2020 right you got it take care

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