civus
Hearing video

ZBA Hearing - August 6, 2020

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

the window sight lines still line up so with all the changes that they had

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requested we had added additional tearing in the back from the rear setbacks

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from the second third fourth so with all these recommendations from the plant

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historic Commission we ended up with the final design is it your testimony that

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the massing of the building was reduced as a result of the historical review process.

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Yes.

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And I believe you just said that the setbacks on each level were increased through that

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process.

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Yes.

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As the building progression happened, we increased more and more.

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Now, do these, does this progression exhibit show that progression of increased setback to the rear?

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Yes.

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Would you please use your cursor and point that out to the board?

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So in concept one, we're just rear decks with coverings on the roof.

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And are those vertical in arrangement?

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Yes, vertical in arrangement.

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So they all reach the rearmost setback?

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Yes.

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Okay.

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Please explain how that changed.

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We took direction from what they considered historically sensitive and more accurate projects,

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such references as Green Street and other previously approved projects.

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and tiered them kind of accordingly okay and the final plan could you please use your cursor and

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show the board how the setbacks appear in the final plan so in the final plan it goes five feet

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on the second floor 10 feet on the third floor and 12 feet on on the fourth floor setback

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And so now we have a stepped appearance?

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Yes.

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Did the historical review process change the number of units in your plan?

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Yes.

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We reduced the density from seven permitted by right to five.

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And what was the feedback that you received that prompted you to make that change?

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We didn't want to cram a bunch of units in.

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We wanted them to be comfortable units, not a bunch of one bedrooms.

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So is it fair to say that the height was reduced as a result of the historic review process?

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Yes.

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Is it fair to say that the massing was reduced as a result of the historical review process?

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as a result of the historical review process?

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Yes.

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Yes.

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Is it fair to say that the number of units were reduced

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as a result of the historical review process?

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Yes.

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Did you attend the public hearings on this matter?

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Yes.

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Were there representatives from the Spring Garden Civic Association

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at those hearings?

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Yes.

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Did those representatives speak?

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Yes.

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Did you attend a meeting with the director or executive director of the Spring Garden Civic Association, Pat Freeland?

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Yes.

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Did you discuss these plans with Ms. Freeland as part of the historical review process?

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Yes.

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Can you tell the board what the priorities of the Historical Commission and its staff were regarding the height?

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That we match and very sensitive to 2002 Spring Garden.

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Laura, you've seen the exhibits presented by Ms. Woodcock, the expert hired by the next-door neighbor.

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Have you not?

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Yes.

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Yes. Do you believe that those images presented by Ms. Woodcock fairly and accurately depict the proposed structure?

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No.

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Please explain your difference with her renderings.

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A couple. One of the renderings that has the perspective from the rear, looking from the parking garage.

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she has uh the one that uh demarco pointed out has um sight line issues where the building does

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seem a little skewed and distorted to make it look larger than it should be um she also has

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reference to uh light and shadow diagrams where in one of them it specifically says

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our design can't cast a shadow on 2002 but on her historically correct or

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appropriate diagram shows 2002 casting a shadow on 2000 spring garden so if I

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understand what you're saying the opponent believes it's okay for shadow

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to be cast from her property, but that no shadow should result from our property to hers.

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Objection?

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Yes.

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Objection?

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Yes.

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Objection?

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Declatation, calling for a legal conclusion, leading the witness, all sorts of

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improper questions. I've kept quiet until now. That's an improper question for Mr. Kang.

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Just saying.

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Thank you.

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Well, we can, we can address this on Revolve after we hear Ms. Woodcock.

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If someone is speaking, we can't hear you.

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Are you?

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I can.

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Yeah.

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Okay.

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Mr. Chairman, I'm sorry.

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I'm speaking through the witness's computer, so I'll restate my question.

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Yep.

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Can everybody hear me?

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Okay.

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Thank you.

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Mr. Kent, would you please explain the code difficulty with 20th Street being deemed the front of the property?

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20th Street being deemed the front automatically creates a height variance.

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To line up with 2002 Spring Garden, the building is 49 feet to the top of the roof.

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so sorry i'm talking i'm talking about not i'm not speaking about height now i'm talking about

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access from 20th street for vehicles so access from 20th street um

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Access from 20th Street, there was an existing curb cut, so if it is deemed a side street or rear street, parking is permitted.

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By calling 20th Street another front, it triggers the parking refusal on an RM1 law.

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do you have an opinion to a degree of certainty as an architect what the front of this property

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is 25 spring garden is absolutely the front and can you explain your answer

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it historically matches all the buildings on on spring garden

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um this side as it goes down 20th street is as a side facade i mean historically it is not

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considered a primary frontage can you comment on the similarity between this property and the

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property across 20th street yes um we have similar i guess stepping tearing um that they're not exact

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but also the property across the street has a garage access directly off 20th

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Street it also treats it like a side yard or side property line now can does

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the five-foot setback issue for the balconies follow the same logic

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Yes.

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Are any of the balconies within five feet of the front of this property

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if Spring Garden Street is the front?

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No.

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And again, what is the front of this property?

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Spring Garden.

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Thank you.

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Now, you heard a representation made by Mr. DeMarco,

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that the historical commission did not require that this property be 50 feet high.

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Do you agree or disagree with that statement?

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I disagree.

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Historic was very adamant about us lining up and showing sight lines that are similar to 2002.

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Mr. Chairman, if I can have just a moment, I think those are all my questions, but I just need to tell myself.

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Okay, can you mute that, please?

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Mr. Chairman, those are all my questions on direct with this witness.

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I have a witness, a neighbor, the manager of the neighboring property, who will not be available to us after 12 noon.

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I don't know how long cross will be, and I don't want to limit anybody's cross.

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But I'm wondering if I could take that witness out of order.

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All right, we'll do that, and then we'll come back for cross on Mr. Kang.

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Thank you.

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Is Mr. Honler available?

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um can you please activate uh charles homler i don't know if he's

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uh so that he can speak

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great he can unmute himself hi how are you

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can you hear me uh yes we can would you please state your name for the record and spell it

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and your address my name is charles homler that's h-o-m as in michael l-e-r and i'm the

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community manager for city view of the condominium association uh that's at 2001

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hamilton street we share the property line with every property on the even side

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We share the property line with every property on the even side of Spring Garden between 20th and 21st Street.

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We'll be right back.

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Thank you.

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Mr. Holmer, do you swear to this firm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Thank you.

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Mr. Miller?

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Mr. Holmer, have you, well, first of all, could you explain your involvement in this neighborhood to the board?

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Sure.

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I'm the manager of City View 2 Condominium Association.

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The property behind was formerly a hotel that was converted into condominiums in the early 2000s.

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We have 542 individual units that are owned by different people, while some are owned by multiple.

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Some multiple units are owned by the same individual a couple times.

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So I represent the ownership of the property working in contingency with the boards of directors of the association

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and the joint committee that acts sort of as a master association for them.

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I've been there since April of 2014, so six and a half years.

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And were you involved in the historical review process?

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Mr. Miller, I need to interrupt you. I apologize.

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You're not coming through clear. You're a bit muffled.

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I apologize, Mr. Chairman.

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That's much better. Thank you.

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I apologize.

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Mr. Homler, were you involved in the historical review process for the plans that are before the zoning board?

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I appeared with the president of the City View Two Condominium Association at a meeting at the municipal building,

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municipal services building, where we gave testimony about the property and our consent for it to move forward.

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And were you supportive of the project?

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Yes, absolutely.

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Would you comment on your support and the reasons for it?

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Well, we've had a multitude of issues that have come up over time.

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And it's just because when the hotel was there, maybe they really weren't enforcing their property boundaries.

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But the properties on the 20th block of Spring Garden have allowed a lot of overgrowth on our structure and encroached on the property line over time.

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And in 2016, when we were doing a major repair of the garage structure, which you see very clearly in the pictures that have been shared earlier, we had to remove a lot of ivy and repair some masonry work there.

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At that point in time, we became aware of the scaffolding situation in the parcel behind.

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And we've had some garbage issues and whatnot as well in this right of way.

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And they've also attached things to our physical structure.

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So when we found that there was an opportunity for someone that's developing the parcel to

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improve that corner's attractiveness, to clear up some visual obstructions, and that

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they had made overtures to try to be a good neighbor, that was something that was warmly

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received by directors of the boards of City View and City View 2.

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can you characterize the current appearance of the property at 2000 spring garden street

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mr miller i think that the photographs you showed give us a clear indication of the condition

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i don't mean to be disrespectful but um thank you mr chairman so thank you understood uh mr

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Mr. Hummler, have you have you carefully reviewed the proposed plans for this project?

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As carefully as I can, not being an architect, there are certain things that would, you know,

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I can I can do it from a qualitative more than a quantitative view. I'm not looking at things as

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detailed as you or the zoning board are. But from an aesthetics perspective, the consensus is that

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it's a very attractive building. We believe it'll enhance that corner and enhance property

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rights, property values for the 542 unit owners that we represent as well as other people in the

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community. Thank you very much. Thank you. Mr. Boland or Mr. DeMarco, any questions for this

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witness? I have a few. Thank you. Mr. Hamler, can you hear me? Yes, absolutely. You're the

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building manager of city view uh yes do you live in city view no but for two years i did live in

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the neighborhood before i got married and i just answered a direct thank you yeah that's fine i'm

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going to object to the standing of mr homler to testify he doesn't even live in the property

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uh but i'll continue with my questioning but i want to note that for the record

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mr homler the city view building is a high-rise building right yes there are two separate

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towers. Okay. And those people are in upper floors, correct? They look down on these properties,

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right? Yes. So they're not adjacent in any way to the proposed development, would you agree?

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Yes. So they're not adjacent in any way to the proposed development. Would you agree?

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No, absolutely not. They are. They are. They are adjacent.

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I'm sorry. They're up in the air, correct?

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They look out their window. They see it. And it's the garage, which is a common element, is actually the entire border for every single parcel along the 20th to 20th, the 2000 block of Spring Garden.

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Right. Let me ask you a question, Mr. Handler.

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Yes.

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What floor do the residential units begin?

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They begin at the third floor.

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What is the height of the – what floor – compare that to the height of the garage.

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