civus
Hearing video

ZBA Hearing - August 6, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 6, 20203h 4m

measurements were so i'm not sure really how you reached it just comparing to the both images that

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we have on the screen now we can see exactly the the top circle the small one that the line

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that finished the pilot house the back wall of the pilot house is far and going to the rear

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and the yellow one on the right side is before the end of the neighbor and also i know that i did

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the right image and when i did this i took the 3d that was made for this project and i export it

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to google earth i cannot manage these measurements or this mass doing that i just take the project

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and then search it in the Google Earth so I could I could see that that line

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doesn't match this is the way that I'm saying that looks like that the left

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side was stretched. Were you basically saying that you're eyeballing it?

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Mr. Chairman?

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Sorry?

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Mr. Chairman?

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Can you hear me, Mr. Chairman?

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I'm not.

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Mr. Chairman.

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Tom, Tom, you're being too much static.

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Can you hear me?

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Now you can.

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Yeah.

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i assume can you hear me better now yes okay mr chairman in in my opinion it might be

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right is

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Tom, we got a hard time hearing you.

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If Mr. Holloman would like to call me, I can put him on speakerphone.

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That would be better.

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Sure.

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Mr. Hellman is now on.

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go ahead mr chairman

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yes in my opinion

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you lost your time you said in my opinion and we lost you

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i'm sorry sharon it's okay

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sorry i was um muted go ahead hear me now

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Yes.

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Can you hear me now, Frank?

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Yes.

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Okay, in my opinion,

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the rendering on the right

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is more accurate than the rendering

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on the left.

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And I'm a licensed architect

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in Pennsylvania.

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The shape of the rendering on the right

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from the Google,

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the one on the left is not.

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Well, from what you're saying, I agree.

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I agree. Thank you.

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This is a question I asked earlier this morning.

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It appears that the one on the left is stretched out further than the one on the right.

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is stretched out further than the one on the right,

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Just looking at the parking area.

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just looking at the parking area

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and the example on the right.

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But the one thing we established is 34 feet.

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Mr. Chairman, I had one more question, if I may.

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Please.

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Ms. Stankey, this is Ryan Boland again.

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Looking at your rendering on the right,

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which is the one with the yellow,

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you obviously agree with me that

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that 2000 spring garden will block the light and air of 2002 spring garden?

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Depends on the time of the day,

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because we know that the sunlight turns toward the south, not north.

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So when the sun rises on the east, it starts to turn by the south

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and finish the sun at the end of the day at west.

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so the part the the shadow is more because the the parking garage in the back

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than this this project at 2000 spring garden after 10 a.m more or less end of the season of

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the year we will have a nice sunlight on the backyards what about the issue of air

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i think is the same are you telling me your flow depends on the time of the year

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yes of course what about the time of the day the air for the time of the day yeah

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i i'm not an ambientalist i i cannot talk about flux of air it just seems obvious to me if there's

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building directly next to you it's going to be blocking some airflow regardless of the time of

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the day or the season. We still have 30 feet for airflow. On the first and sealer and other floors

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we have more than 30 so I don't think the air in maybe 20 feet height will block airflow to the backyard.

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I have nothing further.

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Mr. Miller, I've been informed that you still have about 13 more witnesses?

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On my list, but not that I intend to call.

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Do you have any more witnesses that you do intend to call?

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I do.

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How many?

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At this point, three or four.

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And are these witnesses going to give us anything new and different?

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Yes. My client, Rami Shrine, is the owner, and he will be my next witness.

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All right, because we're going to have to continue this.

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All right, let's go.

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Mr. Chairman, may I make a quick suggestion?

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Yes.

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That this be continued for a second hearing, that we will consult with the board to come up with a second hearing date, a date for a special hearing.

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that the new date will be announced at the start of the hearing scheduled for August 12th at 9 30

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and it will also be listed on the online calendar for the zoning board prior to that hearing if the

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attorneys could sorry Tom is calling me if prior to that hearing the attorneys could resubmit a

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witness list with just a brief summary of what the witnesses will be addressing.

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Also, so that you know, we will be asking an attorney from the law department to appear at

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the next hearing because there has been a suggestion that L&I erred in the refusal that

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was appealed. And fourth, a question, do the attorneys agree that the L&I review board's

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ruling on the historical commission decision is independent of this, or would you prefer that the

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second hearing be scheduled after the L&I Review Board reaches and votes? May I speak to that?

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Yes. I'm sorry. Be nice to her, Mr. Miller. Yeah, absolutely. Absolutely.

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Absolutely. The L&I appeal has little, if any, chance of success given the standard

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of review. The L&I Board of Appeal, and I had the same case at 1930 Pine Street, they

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don't have. It's not an opportunity, a second bite at the apple. The scope of

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It's not an opportunity, a second bite at the apple.

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The scope of review is very, very limited

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and very unlikely to have any impact

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on the historical commission approval.

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I don't disagree on that,

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but the question is really whether to tie matters up

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and have that in before this board reaches a decision,

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especially since it sounds as though

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all that's required is for Mr. DeMarco

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to submit a brief

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And then for the L&I review board to vote on the record, if we can do that quickly enough.

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Yeah, and I would urge this, I would urge the zoning board not to delay progress based on the delay before the L&I board of review.

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Yeah, that's fine. I don't think they're related at all.

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Great, we agree.

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Yeah, we do.

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Mr. Bolan?

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Okay.

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i have nothing to add thank you did i hear that sharon wanted sharon that wanted to

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relist this case for the 12th or special no no it will be listed for a special but we need to

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confer with the other with all the board members to see when they're available the new date will

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be announced on the 12th at 9 30 it will also be listed on the calendar the online calendar

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should we confer with Ms. Suleta offline about availability so that does that make sense

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yes that would be helpful okay yeah because the board needs to make sure that the three of us

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that are on today or four of us at least three of us will be at the next scheduled hearing

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and i and i in fairness to the board i i don't want to get a date that that somebody can't

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uh attend yeah well we're on our end we'll work on that to make sure we have at least three of

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the four who are on the listening in today will be available mr chairman just a clarification

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uh that this case is going to be continued now because yes okay because i didn't i didn't want

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to have a witness go and then my cross-examination be tabled to the next well i'm let me let me

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rephrase that i would prefer it uh is there any are there any witnesses on your side mr miller who

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are going to be necessary to have a testimony today that may not be available in the future

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Not that I'm aware of. Everybody's had their wings clipped with COVID.

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Yeah, we're well aware of that.

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And we can talk offline and discuss everyone's availability.

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Thank you.

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Okay.

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Thank you.

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All right. So it'll be next, or the 12th, we'll notify everyone as to what the next scheduled hearing date will be for this case.

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any questions comments uh just just just as a point of order and i hate to burden

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everybody but should we should we have a call uh among council and miss zuletta to to compare

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i think that's what i think that's what she was suggesting yes okay i mean does everybody want

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to do that now that's all i'm saying um would you maybe i could we could wait i could get a few

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available dates for the board first and then um send those to you and we're going to discuss

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when or any or all those work for you as well okay that's perfect for us okay thank you okay

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okay thank you everyone and uh everyone stay safe you too buddy everyone good luck thanks frank

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i'll see you guys thank you everyone

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Thank you.

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