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Hearing video

ZBA Hearing - August 6, 2020

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

of the apartment building next door yes i did okay and did you find that image to be accurate

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or inaccurate?

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Inaccurate.

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I have a question.

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Did she prepare this comparison drawing?

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Get there.

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Yes.

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Okay.

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We'll get there.

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Okay.

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My first question to you is,

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in what respect did you find the image on the left

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provided by Ms. Woodcock,

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the expert for the apartment building next door?

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Or what inaccuracy did you find there?

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I could say that they exaggerated by stretching it, which made it bigger than it is.

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We can see in the small circle that the pilot house is bigger.

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So they really stretched it, for sure.

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So the image of the pilot house has been exaggerated?

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Yeah.

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Okay, and then what about the overall length of the building?

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Did they represent that accurately?

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Exactly, because they stretch the whole mass.

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The pilot house shows us exactly that it was stretched.

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So everything gets bigger after this.

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Okay. Now, at my request, did you prepare an accurate massing exhibit to show the proposed building on the site?

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Yes, I did.

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And is that your work to the right?

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Yes.

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And does your depiction to the right fairly and accurately describe the structure to be built?

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Yes.

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Okay. Now, the view that was supplied by the objector, the owner of the apartment building next door, that view appears to be from the south. So more of the parking garage is in the image. Is that correct?

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Yes, it is.

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and that view makes the rear yard look smaller doesn't it yes now your view appears to be

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either from a higher vantage point or from a more northerly vantage point

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and it shows the rear yard is that correct is that correct okay it is sorry

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thank you those are all my questions thank you

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Thank you. Any cross-examination?

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Just a few. Just a few, Mr. Chairman. Can I get share screen here? We have to end the

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share screen so I can share screen. Oh, I can use. Yeah, yeah, I better do it that way. Thank you.

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Can you see my screen?

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I'm sorry, I didn't get your last name.

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Oh, Stanky?

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Stanky.

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Stanky.

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So you're a registered architect?

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Not in the United States.

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Uh-huh.

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Where are you an architect?

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Brazil.

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Okay, Mr. Chairman, I wasn't aware of that. I would object to all of her testimony that she's not an architect in Pennsylvania or even in America.

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Okay.

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Mr. Chairman, I wasn't aware of that.

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I'm objecting.

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So she would not have been, and Mr. Miller kind of got this in without, you know, I don't think.

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You were saying that I don't have knowledge?

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Come on, ma'am. I'm putting an objection on the record.

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Okay.

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So, you know, I didn't have an opportunity to volunteer. I didn't know she was an architect. I assumed she was an architect in Pennsylvania.

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But I'll object to any opinion testimony and ask it to be stricken from the record.

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And then I'll continue with Mike Cross.

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I'm going to need some expert advice on this from Ms. Saleta.

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I hate to put you on the spot.

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I would agree.

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I think we agree that she is a certified architect.

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But is there a prohibition if you're not from Pennsylvania or from America?

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no it goes to whether she is accepted as an expert you can still hear her testimony it might

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go to the weight that you give her testimony but she can testify yeah i mean i the testimony is in

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so we're stuck with it but right that's why i'm going to continue with my cross but i want to

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make sure i but my question was but you asked about striking it and i didn't think it would

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be appropriate but that's why i asked miss selena well it never gets forgive me it never gets removed

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actually remove i understand i understand but if it goes up on appeal so you know whatever i want

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to preserve the objection it's understood okay it's it's a question of the weight mr chairman

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and if she's not if she's not credible you don't have to believe her but right right we're going

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to let you continue with it we'll let her testimony we'll let her test continue to testify

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I was going to say, I actually agree for once. Anyway, you can give it the way it needs. Ms. Stanky, I only have a few questions. You would certainly agree that the vantage point of each of these images is different, right?

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Exactly. I can explain why.

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Well, hold on. Let me put the question in front of you. So when you have a different vantage point, there's more obstruction from the neighboring structures, specifically this parking garage, right?

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You agree?

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Yes.

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Okay.

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I agree.

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So certainly there's nothing wrong with selecting a vantage point

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and using that vantage point as you see fit to create a rendering, right?

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Mm-hmm.

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Correct.

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All right.

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And let me direct you to one of the areas of your rendering, which –

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can you see my coarser?

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Yes.

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so in your rendering wouldn't you agree that the massing of this section that i'm circling right

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here right is actually greater than it appears here because of that vantage point choice wouldn't

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you agree yes i can agree okay fair enough and you would also uh this is my last question thank you

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for your time, Ms. Stanky, but you would also agree that the rear yard of the 2000 Spring Garden

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Street is partially obstructed by the parking garage wall. Would you agree with that?

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Yes. The left side, we have an isometric perspective. The right side, we have a two-point

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perspective. So this makes the park garage cover parts of the backyard on the left side.

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So, because there's the right side, we can see more. But it doesn't make this mistake allowed because I can prove by the line of the end of the pilot house and my right mass that is smaller than the end of the neighbor at 2002.

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let's let's let's talk about that pilot house I'm gonna use my cursor to show a

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distance right here you see what my cursor see that distance I'm showing you

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are showing the height right see that distance right here I'm talking about

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the land all right and look at the distance right here your distance of the

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pilot house to my client structure is actually taller and you're rendering

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Because the picture at the right side, it's the Google Earth. So this mass and this volume of the roof is not accruated. You can understand that they created this by pictures from satellites.

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You interrupted my question. You did not answer my question. I'm going to try to rephrase it.

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I object. Mr. DeMarco interrupted the answer.

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Ms. Stanky, I'm going to ask it again.

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I'm going to ask it again.

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All right.

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All right.

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You see the distance that I'm showing?

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You see the distance that I'm showing right here?

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Sure.

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Okay.

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And you see it compared to this distance here?

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Yes.

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Your distance is greater, right?

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It's almost the same.

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You're saying that the distance from the top of your pilot house to my client's property

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and the distance from the pilot house to my client's property in the other image is the same?

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It's almost the same.

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Right. Yours is taller, right?

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Because the picture from the Google Earth is not the same.

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But you can see that the line on 2002 is not straight.

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Okay.

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So could someone speak to the distance?

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Maybe this is my...

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I'm going to ask that question. I know what it is.

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The distance from that...

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Here?

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No, up top.

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Yes.

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up top up here up the back of the pilot house the back of the pilot house yeah to

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the railing or whatever coming to the back right there yes what's that the

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same distance it's almost well you keep saying almost I mean is it I cannot say

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that it is because I don't have the measurements ah on this pictures I don't

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have the measurements, but I have my

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project in front of me.

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Miss Stanky, do you have the architect?

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Did you even look at the architectural plans

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in this case? Of course.

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You said you just, you didn't have the plan.

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You said you didn't have the measurements.

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That's not what he said.

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That's not what the witness said.

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The witness said... The pictures that you are showing me, I don't

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have measurements. I cannot say.

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One at a time.

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Excuse me. I'm almost done.

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Do you know the distance right here? Can you see my

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course? Do you know what this distance is?

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what's yes I know what is it on the project yeah 34 feet well it's actually

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31 feet isn't it this distance here is 31 feet right no your neighbor has 64

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deep on the backyard and our project or the project that we are talking about

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2000 spring garden has 30. So 64 less 30 is 34 feet. That is the measure. Do you know,

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Ms. Stanky, do you know how far back this development goes deeper than my client's

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property? Yes, 34. It's on the plans. All right. So you're saying this is not 34 feet?

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doesn't look like 34 feet for me no 34 feet is is three stories

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wouldn't you agree where the plans show that distance

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you're saying that this distance does not appear accurate and that's that's a distance of 34 feet

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What I said before is that this mass on the left side shows that it was

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stretched to show bigger.

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That wasn't my question.

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It is what it is.

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Is it 34 feet?

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Is it 30 feet?

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It doesn't matter if someone altered it.

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Just give us the dimension.

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The footage from where Mr. DeMarco's cursor was just now, what is the distance?

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I don't know.

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Forget what you said.

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I think you said 34 feet, no?

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It is on the plans.

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On the project, it's 34 feet.

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All right.

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So you're certainly going to stipulate, and I'll wrap this up, Mr. Chairman.

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You certainly would stipulate that this development extends 34 feet deeper than my client's property, doesn't it?

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Mr. Chairman, the building, the proposed building, is 34 feet deeper.

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Yes, at the ground level.

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It's not 34 feet deeper than the neighboring property.

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The neighboring property extends all the way back to the property line.

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I think we understand that.

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It's just that the project, proposed project, the wall of that proposed project extends 34 feet further out than 2002.

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Yes.

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The structure I'm talking about, right?

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Yes.

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And if that project were built by right, if it were possible to do so, it could fill that space to 34 feet to 38 feet.

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Yeah, but nowhere near with the same impact, Mr. Chairman. If the height, if the height, if it as of right project is built, the height is somewhere in here and would have nowhere near the impact on my client's property.

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and would have nowhere near the impact on my client's property.

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I have no further question.

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I have no further question.

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Mr. Boland, do you have any questions?

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Briefly, yes.

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Ryan Boland.

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Ms. Stankey, I'm a little confused.

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I just want to make sure that I understand your testimony.

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Are you saying that Ms. Woodcock's rendering is misleading,

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or are you saying it's inaccurate?

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Inaccurate.

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and what was your methodology to figure this out because you couldn't seem to tell us what her

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