civus
Hearing video

ZBA Hearing - February 8, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 8, 20234h 56m

if you weren't on the list.

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Obviously you're here today.

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You would have seen the orange notice

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for the hearing back in September.

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I don't believe you appeared at that,

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but I mean, your points are well taken.

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So without going through, I only see the only 15, 14 I see jumping out at me is the 4F.

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But again, this is the list from the Planning Commission's website.

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So I don't know what their problem.

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Maybe Ron could speak to that as far as making sure all of the units within a particular apartment building or condo building are included in the list.

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I can't speak to what they do.

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but you can see that um you know i think you had you think you passed it on the previous page um

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it's actually coming up it looks like 15 12 dash 14 oh so maybe oh maybe that's where that's where

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it is okay that's oh well no that's spruce okay and he's on pine the next page these are all

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yeah so that's the um that's the mat that's that's that's this building um what is it

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are you for are you for the project are you against the project i'm for the project overall

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i i'm very happy to have some new neighbors in a nice in five very nice looking units

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i just don't think it should be that tall if possible so i i would just say two things first

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of all, in terms of the canyon, you already have, if there is a canyon, there's already a canyon

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because every other building on your side of the, his side, you know, this gentleman's side of the

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street, then on the opposite side of Pine leading to the west is as tall as what we're proposing.

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The other thing that's, we did a massing, Nome did a massing plan, and I can have Gabe speak

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to this, but what's interesting is, is that with the bonuses, again, having, you know, 22 unit

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multi-family dwelling um is the blue is what you could have by right and what you could see is

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while the roof height would be slightly lower 45 feet versus 46 six foot and a half taller what

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you ought what you have is in the in the guardrail and the here you have the guardrail and the parapet

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of what we're proposing at 50 feet whereas a by right you'd have a guardrail for the deck at 52

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feet and then the pilot house which could be built up above the roof deck would be 58 at any pilot

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house or houses would be 58 feet six inches whereas we're only at 56 feet so in actuality

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we are slower than what could be developed here as a matter of right in terms of the overall height

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of the stroke the overall height not necessarily the roof height but what the world sees on to the

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outside of the building um with the with the railings for the decks and the pilot houses

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and obviously far less intense in terms of the density with the number of dwellings i understand

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the concern now you also have and i said the terrain but it's the drake which is behind us

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and you know that is a extremely you know right behind us overshadowing everybody and then granted

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it's a little further to the north over at Spruce Street. But I mean, you could see here

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what the terrain, you know, how much taller that is compared to, you know, the buildings that

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surround it. So, and here you can see their property, his property across the street, but you

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see all of them are tall. All these are tall. We're just adding on the end something that's

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in the end, the roof is a little bit taller, but the overall building itself is actually

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going to be lower than what could be done as a matter of right legitimate concerns so richard

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do you have anything else you want to add uh yeah i'm going to lose my view of the drake

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if you do this probably entirely um what what was on page 22 could you go back to that and

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compare that to page 26 please page 22 right

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20 page 22 right one second

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I don't know, it's a good one.

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22. i mean 22 is here are you talking tab 22. no page go page up keep going uh go to the next

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there were some pictures you showed maybe i got the page wrong are you are you talking

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the stitched together photos we had of this no there was another one of a close-up of the

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building of the proposed building a sort of computer generated image two different heights

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you showed uh the second this is this is the by right building this is this is without this is

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without any bonuses this is without any bonuses what does that mean i mean what what does without

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any bonuses so so if you just so this is what is permitted and as actually this is what's permitted

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by the zoning code for rm1 so it's a 38 foot roof with a 42 inch parapet and then decks and pilot

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houses beyond so this is like the lowest building but the zoning code allows for greater height

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and greater density with the provision of certain things that the city the city council and the

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mayor have decided through community input as well as the input of the planning commission

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is beneficial to the city as a whole. And for lots that are over 5,000 square feet in area,

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you can gain some extra density in terms of the number of dwelling units if you provide a green

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roof. The other thing is if you provide 10% of the units as affordable units, which is defined

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in the zoning code what percentage of the AMI, average median income, that would be. You can get

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an additional seven feet of height and additional density as well. So this is basically without any

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of the available bonuses. And then what you have here, what we provided here is that if you took

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the buy right, the 38 feet, but then agreed to do a green roof, agreed to provide the affordable

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low-income housing or moderate-income housing number of units to the building, this is what

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you end up with. So instead of having a roof at 38 feet, which was shown in that one rendering,

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the by-right rendering, which again, we showed the by-right rendering of 38 feet, and then we

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showed what we were proposing to the historical commission. And again, the overall consensus was

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let's keep the heights on pine street consistent because whether it's 38 feet 45 feet 46 six feet

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they're going to be taller than what's on hicks until you get over up to the drake um and until

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you get to 335 to 317 which is on the opposite side closer up to spruce behind the cvs um but

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here you see running the numbers that again where the roof height with the with the by right with

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the bonuses is a foot and a half lower in the end you end up with a roof deck railing that's

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two feet taller and you end up with pilot houses that are two and a half feet taller

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so your view will be your view will be even more blocked with a buy rate with bonuses than it would

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with what we're proposing okay but thank you council so excuse me i'm sorry what you're not

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showing there is the 38 foot version and that would be much more in line with the that's not

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what I'm telling you is the 38 foot version is probably wouldn't be what would be built here

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if it were developed as a multi-family what but you're not doing uh housing uh which of those

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criteria do you meet to get the the bonuses you just need to provide so for the green roof you

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just need to have i think it's 60 percent of your roof to be of your roof area to be green

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that vegetative roof is that what you're doing no that's what we would do if we were doing this

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if we were doing this one down here that's what we would do and the other thing is the only let

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me finish and to get the additional height you need to provide 10 of the total units so if we

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had 22 units two or three of the units would have to be for people either for rental or for sale

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depending on what you were doing in the building that made no more than the than the percentage of

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AMI that's set forth in the zoning code and I forget what it is it's I think 60 percent for

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low income I forget what it is for moderate income but in either case that's what would be

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satisfied. Richard what we'll do is we'll take we'll take your comments into consideration

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with our decision. Thank you. We're going to move on to the next. Anyone else out there in

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virtual audience yes chair we have wade albert okay please allow him to speak

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good afternoon please state your name and spell it for the record

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good afternoon please state your name and spell it for the record

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mr albert please unmute yourself oh sorry about that i apologize can you hear me now

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yes we can hear you now please state your name and spell it for the record

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absolutely wayne albert w-a-e-e last name is a-l-b-e-r-t you swear to tell the truth

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the whole truth and nothing but the truth. I do. Please continue.

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If you can speak a little louder, it would be better. Thank you. I'll try to get close to my computer.

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So I am counsel for the

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Central City Residents Association, and I just want to confirm

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that what Mr. Orfanides described as the history of this case,

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I agree with that, and that Central City Residents Association

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as the coordinating RCO removes its opposition to

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this this project and we now take a non-opposition stance thank you thank you anyone else out there

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in the virtual audience yes chair we have someone with the last name ending in chin please allow

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chen to speak hi my name is waitling chen w-e-i-l-i-n-g last name chan c-h-e-n

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

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yes I do proceed we're coming from the side neighbor side neighbor we're at 345 South Hick

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Street we are happy with the project but same concern as Richard is we have concern about the

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height so I want to clarify I understand they are saying that they're doing is it going to be

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total 45 feet high and up to the roof deck that would be 48 feet is that correct

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no council no that's correct so so sorry ma'am so were you at the hearing in september uh no

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sorry i was not here september i didn't get noticed okay well so we need to go through

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the list of addresses. I don't know. But no, it's okay. I'm here now. I'm not sure about that.

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But you would have seen the orange notice facing your property though, correct?

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Yes.

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That was posted. So there's no doubt about that. So again, ma'am, so what we are proposing is a

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height to the roof and actually also the roof deck surface, because the roof and the roof deck

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surface are going to be one and the same, of 46 feet, six inches. What could be done with the

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bonuses is five feet but the bonuses i described to richard is 45 feet and then the roof deck

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surface would actually be at 48 6 which is two feet taller than that's what you can do as a

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matter of right because you can build the roof deck up to 48 inches above the midpoint between

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a high point and a low point of the roof we are intentionally keeping our roof deck surface

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at the same level of the roof but as a matter of right you can build it up up to four feet above

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that so that's why with the buy right if you were we were trying we're trying to keep it as low as

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possible except where we need it which is the roof but in terms of what you see to the what the

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outside world sees we're lower than what the buy right would be with the bonuses that we would

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otherwise be getting here so again what you'll see in terms of what surrounds the roof deck

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with this buy right built property you know what we're allowed to do with the bonuses we would

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otherwise apply for and just we wouldn't have to go through any of this process the idea is we think

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single families fit in here better than a multi-family you got single families across the

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street yes you have some of the brownstones and whatnot on pine street that have been converted to

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condos and multi-families but it's largely there's single families particularly on your block of south

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hick street we want to keep the single family not put in 22 unit apartment building but what you end

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up here is the pilot houses, which are going to block your view, are going to be as well or more

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are going to be even higher, two and a half feet taller. The roof deck railing is going to be two

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feet taller than what you would do with our proposal, which is in front of the zoning board

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right now, which is at the top. The other thing I would point out is in terms of Richard's comments

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is what level is Richard's unit? Is it on the ground floor, second floor, third floor? Because

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to be honest with you if he's at the ground floor or the second floor the difference between

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particularly if he's at the ground floor at 38 feet or at the 45 foot with the bonuses his view

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of the drake is going to be blocked more than likely in any event i mean if that's what he

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wants to be looking at the drake um anything beyond that's going to be blocked as well so

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um but did i answer your questions um yeah thank you um and you know like i said we are very happy

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um yeah thank you um and you know like i said we are very happy to see a project and development

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each.

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in the area and in the community it would be beneficial um but i am on like the second house

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in on hicks so you know we do i mean we hope you know the best for you guys and your project but

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we we're just not sure how that hype would affect us um because we're the second one in and that

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will completely block that's we're like in the middle of you guys i understand and it's gonna

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it would be worse it would be worse for you with the if it were a by right building with the bonuses

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that it would otherwise be developed as and then if it happens by right then the things that we

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negotiated with ccra which were really good points might not happen you might have the cold shoulder

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without the entrance on pine street none of this is a threat but i'm just saying whether my clients

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develop or somebody else develops it i mean they spent a lot of time between the historical

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Commission taking their comments and the very good design comments we received from CCRA that

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have made a really beautiful, tasteful building. I think you would agree with that. With, you know,

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five doors across from you, so with beautiful entranceways. Thank you, Mr. Chair, for your

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comments. Anyone else in the virtual audience? Yes, Chair. We have Scott, last name, ending in M.

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please allow him to speak hello good afternoon please state your name and spell this for the

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record scott mcconnell s-c-o-t-t last name m-c-c-o-n-n-e-l-l do you swear to tell the

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truth the whole truth and nothing but the truth i do please proceed mr mcconnell i echo what

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Richard mentioned um I live two floors above Richard so I'm on the third floor of 1514 Pine

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Street so I would be able to look pretty much directly out at the area of the building that we

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are discussing right now um and yes I I do love being able to have people over and show them um

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not only the Drake but the view of Center City um through my window and um I believe that the

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proposed solution would uh drastically reduce that that view okay thank you thank you for your

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comments again anyone anyone anyone else out there in the virtual audience yes chair we have diane

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last name ending in r please allow her to speak

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ma'am please unmute yourself good afternoon please speak your name and spell it for the uh court

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recorder.

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Ms. Diane, last name

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ending in R, please unmute yourself.

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You're unmuted. You're free to speak.

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Hi, my name is

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Diane Donato.

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R-E-G-I-N-A-T-O

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I live on

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1514 Pine Street on the second floor

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Do you agree

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to tell the entire truth

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and nothing but the truth

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Yes

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Proceed

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I live on 1514 Pine on the second floor

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and I agree with Richard and Scott

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I do believe that the

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additional height

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I'm concerned that it's going to

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diminished the light as well as the view. I believe if you were inside the property

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looking out, you would understand the concern. And I was not contacted either. I just saw

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the notice. And I have to say your notice sign has been knocked over along with your

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fences for quite a number of days. Thank you for your comments. Anyone else

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in the virtual audience i see no hands chair planning commission

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this is uh ron bednar city planning property is indicated for residential use in the city plan

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we uh recommend that the request for variance be granted provided that the height be limited to 38

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feet on hick street that's that's that's physically not possible i mean i would just say how can you

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limit the height to 38 feet on hick street and at a building that's at a corner because then it

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won't be it can't be 38 feet then at pine street so i would so council what we're going to do is

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we're going to hold this um and the commissioners and i will uh meet internally and we'll try to

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