Is the garage higher than the third floor?
The garage is two separate sections.
The third floor of the garage is on the western section,
and then it goes up to six floors along 20th Street
and sort of right in the middle of the block of Hamilton
or Spring Garden, depending on how you want to measure.
Okay, thank you.
Mr. Homler, is Mr. Schramm a resident of City View Condominiums
or any of his family?
He has a brother who lives in the North Tower.
Mr. Schramm's brother lives in the North Tower of your building, right?
Is he on the board of the association?
No, absolutely not.
He is only a tenant.
All right. But you are called upon to respond to requests of any resident of the City of
Wakanda as the building manager. No, not at all. Excuse me? You're not required to respond to
requests by your residents? You're the building manager, right? You don't understand that
Wakanda Minium Association works there. Oh, I don't. I'm a lawyer. I think I do understand.
Do you have to respond to a request by Mr. Schram's brother as a resident of your building?
Absolutely not. He is a tenant. He is not an owner.
In all seriousness, and I'm going to be very blank here. Yes.
So did the board vote on this?
No, there's no resolution of the board.
Okay. So you're acting on your own accord.
No, I'm not. I'm acting at the direction of members of the board,
but they did not have an open meeting and discuss a policy resolution.
All right.
So the request came from residents of for you to do this letter and do this
testimony came from residents of your association of which Mr.
Schrein's brother is involved, right?
You're qualifying in a very poor light.
And I'd like to clarify that firstly,
Mr. Schrein's brother is a tenant.
A condominium association is an organization of owners.
so one individual unit owner rents his home to the applicant's brother that person has no
standing as a member of the association
but you're building manager for for the entire process the entire building right
i manage city view 2 which is the south tower mr strain's brother lives in the north tower
which is managed by another person that i work uh okay i think that might be all i have oh
mr uh mr homler you've you submitted a letter right for this case as well as the president
of the board then the joint committee mr homler please please wait for the question to be finished
before you answer sorry sorry there's another letter from someone else other than you from
to City View? Yes. Mr. Chairman, I haven't seen that letter. That should have been provided to
me, but I'll move on with my questioning. I'm almost done. So, in your letter, you state that
my client's scaffolding is a blight, don't you? Yes. Yeah. And so, does that mean that someone
that does work to beautify their property, which requires scaffolding, that's a blight?
No, if it's temporary and if there's signs of progress.
so this so the person has to move expeditiously in your opinion and finish the job even though
there's a proposal next door that might impact that work well the proposal is newer than the
scaffolding i agree but do you understand that the scaffolding is part of a historic process
that my clients engaged in are you telling this board that her attempt to meet requirements of
the historical commission and beautify the rear for property is a blight objection mr chairman
uh council's now testifying yeah i hear i hear what you're saying mr miller but i mean your
your witnesses basically opened up that argument like saying that it's a blight and that uh i mean
he's creating the questions for for mr demarco yeah mr chairman your property if whatever shape
or form it eventually gets decided on we'll have scaffolding for a certain period of time i mean
certain period of time i mean it's mr chairman uh mr demarco made these same arguments to the
it's mr chairman uh mr demarco made
historical commission and and and the historical commission didn't order any scaffolding to be
erected or and and this is well that's how the work gets done well if if it were true your honor
if it were true, Mr. Chairman, but okay.
It is true.
I mean, if work is required above the first floor,
generally speaking, there's some sort of scaffolding
that's required.
And the scaffolding has been-
There's no such thing as a skyhook.
Mr. Chairman, I appreciate the possibility what I'm-
Well, we'll talk about the credibility.
I think we're belaboring this point,
to be perfectly honest with you.
I can move on.
Please.
Yeah, you made the point.
I think the point is made.
I'll ask Mr. Hamler one more question here.
So I'll ask Tanya to give me the share screen.
I can do that, Tanya?
Yes, Mr. DeMarco.
Thank you.
Is my image appearing?
this is something that the applicant can you see it I can see both images all right this is in it
I'm going to rely on the applicant's image uh for purposes of this question do you see
the image on the right Mr. Homler yes the yellow yes and that was prepared by the applicant by
by uh Mr. Schramme uh Mr. Schramme's uh architect and we're going to accept that for now now do you
see that image now now you have stated in your letter to this board that the height of the
proposed building matches my client structure tell me tell me how that's possible when you
look at the image on the right do you do you want to withdraw that question that statement
not necessarily so you think that these two buildings match the height when you when you
look at it from this angle right it's very difficult for you to match up the lines but
But it appears that the darker of the yellow sections aligns with that floor and the other part aligns with the front of the building.
But where that one circle on the absolute top towards the middle of the building, that wall there, obviously, I would say, is higher than the rest of it.
But it does look like it fits the footprint pretty well.
You do agree, though, that – I'm sorry, you said that the footprint matches?
Did I just hear that correctly?
What I'm saying is if you look at the individual floors, it looks like it aligns with the floors of the adjacent building pretty well.
All right.
So your testimony is that the image of the right, the proposed structure, matches the building to the left.
Is that your testimony?
Tony? No, I'm saying that from this angle, it appears that from a stacking level in terms of
floor heights, that it matches with the exception of that portion with the small circle towards the
center of the image being higher than the rest. So you agree with me that the proposed structure
does not match the height exactly at all right not exactly all right no further questions
i just want to wait say one thing if it's possible about the light
it's not in front i didn't ask the question i mean he's his my cross is over just because it
was made up as an image before we have southern exposure so most of that is blocked by a six
floor garage except for the peak of the summer and that's your garage right six stories high
yes it's six stories right okay if there's anything that's blocking light it's our garage
uh fair enough i agree i agree uh mr boland do you have any questions for this witness
it did however the witness just clarified that his garage towers over the property um therefore
making it clear that his
residents have no standing, that
they suffer no harm. So I have
no questions. Yeah, I was trying
to get to that myself. Okay, thank you.
Mr. Miller?
Thank you.
I think that it's probably
appropriate to offer
Mr. Kang on cross.
Thank you.
Mr. DeMarco, Mr.
Bowen, decide who's going first.
And thank you for taking the witness
out of order. Thank you.
Thank you, Mr. Chairman. I'll start with Mr. Kang. I guess I'll put up one of Mr. Kang's
documents. I can still share screen, right, Tanya? Yes, sir. Thank you.
everybody see the uh mr kang's image on the screen
Everybody see?
are you seeing my image mr jess yes mr kang uh let me talk to people ask you about the historic
process um uh so concept one this was a concept that you withdrew right yes and it's fair to say
that you withdrew that that proposal because uh the of objections from this architectural committee
right not necessarily didn't you go to the architectural committee and they had serious
concerns isn't that fair to say mr kang i'm sorry the committee did staff did not
well that's not what i asked you i think you just you just agreed with me the architectural
committee sent you back because they were not they were they gave they had
strenuous objections to concept one correct yes and you offered that staff
did not but I think we all agree so I'll move on and this concept one was taller
than my clients property right yes okay so and you would agree that when you
when you go through the historical Commission process you submit drawings
or your client, you or your client, submit drawings to the commission and request approval, right?
Right. You file a building permit application, right?
Okay. So it's the applicant's choice on what to propose and give to the commission.
Wouldn't you agree with that?
Yes. The committee does not design the buildings.
Right. So when you testified during your direct examination that the historical commission
required you to match my client's property that was because your earlier iteration of the project
was taller than my client's structure correct yes but we also brought our approved zoning plan
at least if that were not yet approved mr kang you're getting we're getting an echo
So, I'm not hearing you clearly.
And I would like to hear what you said.
You said what about the zoning?
No, that's because I have to mute.
Mr. Kahn, last statement, what did you say about the zoning?
So, we asked the staff level, would a 38-foot high building be approved?
They said no.
I'm sorry. First of all, I'm going to object. That's hearsay. But let's get into that.
You never put a 38-story building in front of the staff, did you?
No, just the zoning plan.
All right. And we're going to get to that permit in a minute. You pulled an over-the-counter permit that complied with the zoning code, didn't you, Mr. Cash?
Okay. So before I leave that issue, so there is an approval for this applicant for a building, a new building, which complies with the zoning code. Agreed?
Okay. But that applicant, your client, has chosen not to propose that 38 zoning compliance structure to either this board or the commission, correct?
not an affordable presentation right so the applicant chose not to move forward
with a historical commission approval for that over-the-counter project correct
we were advised it would not get approved i'm sorry you were advised by who again
all right the staff doesn't make the decision for the commission do they
no but they're advisory to the committee and commission
okay so they take heavily favor on what they say okay but first of all that those people are not
available to be asked that question so this is hearsay but i'm going to go with it you chose
not to present that anyway right so you have no idea what the commission would say if you proposed
a zoning compliant structure do you i would say that most likely they would not accept our sight
lines would not align up which then it is no longer in character of the historic district
but Mr. Kang you don't know that you don't know what the commission would have done right this
commission right yes okay fair enough appreciate that so the commission is free to ignore their
staff and has done so on many occasions isn't that true objection well he opened the door Mr.
chairman about what the staff would or wouldn't do or what the Commission would or wouldn't do
Talk about what the staff would or wouldn't do or what the commission would or wouldn't do.
I object to Mr. DeMarco's statement about what the historical commission may have done in other cases.
I'm sorry.
That's what his witness just did.
No, no.
Mr. Chairman, the witness said that.
I lost you there.
Maybe you can rephrase the question, Mr. DeMarco.
I'm happy to. Mr. Kang testified that, first of all, they responded to the objection, Mr. Chairman. Mr. Kang testified that he didn't think the commission would approve the 38-foot structure. So my question is, Mr. Kang, you have no idea what the commission would or wouldn't approve.
action. Mr. Chairman, that's not what the witness testified to. And Mr. DeMarco.
He's asked a direct question. He can answer yes or no.
Well, Mr. Chairman, Mr. DeMarco is deliberately ignoring his knowledge of how these things work.
When you get guidance from staff, you follow that guidance. That's what Mr. Kang is testifying to.
He was told by the staff what would or would not be acceptable, and he tailored his submissions