civus
Hearing video

ZBA Hearing - April 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 21, 20218h 28m

dimensions on those i i wish i could tell you from the uh from the skin if someone can see a better

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resolution it just says roof second floor third floor it doesn't show numbers on it no no vertical

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there's numbers on it that are vertical the vertical has numbers on it what is i i can ask

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associate one second what is it ten foot six ten foot six is floor to floor

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this number what's the first floor what's the first floor

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first floor on vine street is different than on uh new street vine street is

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16 six and then the second floor is second second floor is 16 16. okay fine okay fine thank you

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okay now in order just to clarify the 16 of can you can you pan it back to where it was a second

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ago exactly so if i were to reduce the 16 foot on the second floor to say 12 foot right this new

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building at that point will touch the existing structure of the painted bright and there will

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be no opportunity to create anything on the second floor anymore so there will be no light and no air

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traveling into the second floor and again if i if i'm allowed if you michael if you can go to one of

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the illustrations it will clearly show the intention behind the unique design here sure

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it just depends on which illustration you want to go to. Any illustration, any like the renderings.

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Down the road, no. No, the structure we were just in the back, in the structural.

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There is your elevations, Jimmy.

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There is your your elevations. No, that's not what

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No, that's not what I'm looking for.

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I'm looking for those photorealistic renderings,

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like maybe on the first image.

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OK.

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One more.

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By the way, this is a very good image

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that we should all look into to see how the other one.

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That one, the aerial view of the area. Just to show that the proposed building is absolutely, if I wouldn't tell you where the proposed building is, I bet that 90 out of 100 people would not be able to locate it.

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because it is in line and absolutely appropriate in scale to this fabric of the area of Old City

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that we are proposing the building to be located.

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So the next door building right next to us is taller and bigger and larger than the proposed building.

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And so the building along Vine Street.

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And that's before we are talking about the bridge, the chimney and many other buildings around. This is not in any way a typical old city neighborhood.

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It is almost act as an island. If you will go one step forward, one slide before that one, Michael.

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no one after i'm sorry another one

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another one where is the site this one perfect it will show how it's completely enclosed between the

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bridge between the i-95 between Columbus Boulevard and look at the different heights

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of the buildings abutting us.

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And in this one, I would say two blocks radius

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around the site, it's varies from open lots

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to over a hundred feet in height buildings.

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Those are all within a block away from the property.

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that's something that i i thought it's going to be wise to see but if you can go to the first

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image of the presentation even more yes i think this will explain very nicely the idea

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behind the setback of the second floor and why i need to go 16 foot here you see the distance

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between the top of the wall of the existing building and the floating building above it's

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the minimum I need in order to get enough light to those units.

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And again, you've been going through this.

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Did you want to, you prepared these plans, correct, Shumi?

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Of course.

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Yes.

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And again, could you explain them to the board a little bit better,

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exactly what your concept is and how you're doing it?

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Sure, it would be my pleasure.

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So as I mentioned before,

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the concept was how to build a modern building in addition to an iconic element of the neighborhood.

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And I've heard many people's opinions about whether I should remove this building or propose

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to remove this building or preserve it. And my initial design was to remove the building as we

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as we are holding in our hand a zoning for 16 duplex units.

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And we thought that that would be the right way to go,

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and it is an amazing opportunity as a development.

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Listening to the neighbors, listening to the Magic Garden team,

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meeting with the guard, meeting with the art community,

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i came to learn that there is a value in this building that i should as an architect and remember

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i'm i'm wearing two hats i'm wearing the hat of the developer as much as i'm wearing the hat of

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the architect the architect in me wanted to give it a shot to do the best i can in order to preserve

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the building and not because it's a historical commission preservation requirement not at all

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because of that because i think that this is probably the best for the city i we came up with

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an amazing out-of-the-box design to float a building above this uh the existing building

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building the existing building, giving a contrast interpretation, a modern interpretation to an existing building, and at the same time, trying to make it financially works.

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giving a contrast in the

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At the end of the day, it is another development, and it has to be profitable.

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um from doing from 20 years that i'm doing business in philadelphia as a developer as an

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architect developer this is the tightest performer i ever came across and we are still willing to go

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for it because we believe that we're doing the right thing and do you believe the project's

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consistent with surrounding uses say it again do you believe the project's consistent with the

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surrounding uses? Absolutely. You know what? I don't need to say it. You just need to read

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the articles about this project coming from different people. It's the appropriate design

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for the area. If it's not for the variance, for the height variance, everyone would probably

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support this building and be proud of that coming up project. But unfortunately, we do

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you have to have the height variance in order to make it work.

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Otherwise, my hands will be tied,

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and I will have to go back to removal of the building.

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And you're absolutely right.

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I heard the board saying that if the building were not there,

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we were still looking at an 85-foot variance.

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But it wasn't the case.

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Because without the building there, I don't need a variance.

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I can definitely make a profitable project that we're already holding a zoning permit for, and call it a day.

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How tall is this wall, Jimmy, approximately?

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That's about 24 feet tall.

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And what does that do to the height requirements?

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That's pushing the building up exactly 20 foot height above what I'm allowed by the overview.

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And is this project proposal consistent with the CMX3 zoning class where it's located?

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Absolutely. It's not even reaching the...

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There is no limit on number of units, that's what I meant to say. So we could design, I guess,

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100 units in here that will be a combination of many studios and the majority of one bedrooms,

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But this is, again, not the case. We are trying to create a good project that has only one studio pair floor.

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Half of the units are one bedroom and the rest are two bedrooms.

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So we're also thinking about the value or the quality of the residential units that we are proposing.

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So it's absolutely an appropriate proposal for the area.

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I'm sorry, Chair. I hate to interrupt, but I'm going to ask to respectfully call time.

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It's 736. Thank you, Chair.

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All right. Mr. Marcioni, how many more questions do you have for Mr. Zackin?

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I've got a fair number for her, Mr. Chair.

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All right. I won't wrap up in five minutes.

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Okay. Thank you.

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Okay.

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So.

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Are we being cut off now, Mr. Chair?

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No, no, you have five minutes.

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Five minutes, okay. I will not finish within five minutes.

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Yeah, I know, but this line of questioning, whatever it is, we'll get that in. Thank you.

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How did you attempt to minimize the impact on the light and air to the nearby properties?

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So if you can go to one more slide, one of the shadow study slides.

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yes this one

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so that shows a buy right

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alternative

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if the building is to be removed

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right here

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exactly

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versus the proposed one

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we designed the project

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to be as we already know

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floating above the

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building so the second floor is actually

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set back and eight

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foot from

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Borden

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street property line and by that allowing for more air and light and air for this area.

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Also an open courtyard is designed along the Bodden street and not on the opposite side.

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So the courtyard is designed on the west side of the building again to allow more air and

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light to come to those buildings along North 3rd Street. Even those buildings are actually

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third street even those buildings are actually stretches from north third street all the way to

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stretches from North 3rd Street.

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the real uh property line they don't have any setback or rear yards um so we we also allowed

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to go to bottom street with our building is the way i see it also one second before you go there

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we sat back we sat back the seventh floor um furthermore another eight foot um in order to

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create a better massing and to create a better scale to the building. We designed the pilot

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house and the elevators to be completely on the other side and in the middle of the project so

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they will not cast any additional shadows. And then you perform the shadow study? Yes. And what

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is this first page show that shows that we the effect of the 85 feet versus 65 feet is

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almost minimum minimal i would say almost not exist and this is shown in march this is march

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we have it we've done it for four times a year in different hours at the end of the day

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um a 65 foot building in this location um will will will cast pretty much the same shadow and

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will give it the same effect to those buildings on north on on the stretches from north third

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street to bottom street is the only time that you will put any shadow at all on the uh third

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Street properties during the morning? Yes for an hour or two and that will happen again with a 65

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foot tall building. And do you cast shadows on any other buildings either by right or with the

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variance at any other time? No. And that's March and this is June and again just briefly explain

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to the board what you show here. So again we have the proposed design versus the by right

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and you can see the amount of shadow.

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It's very clear to see that that's the difference

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between a buy right and non-buy right.

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I don't even reach to the other side of Vine Street.

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And then you have for September?

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Same thing?

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That's correct, yeah.

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I mean, at the end of the day,

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we are getting to the same effect

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almost on the buildings on the other side of Vine Street.

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And of course, in December, we are all in shape, pretty much.

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And that's all your shadow studies, so in your opinion, do you have any real significant,

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any difference really between the 65 foot by right building and the 85 foot proposed

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building on the shadows that you cast on any of the surrounding properties?

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That is correct.

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So, and that's what the shadow study says. So, will the project, will it have a negative impact

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on light and air to the surrounding properties any more so than the permitted use? No. Okay.

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In preparing plans for the project, what challenges were confronted by the mosaic,

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Great deal of challenges. Keeping the mosaic will be an operation by itself. We will need to

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set all the structural columns away from the envelope of the existing building and not to

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disturb the foundations of the existing mural. We will need to build a structural frame within the

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box and to connect the envelope to those structural steel elements to stabilize it.

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And we will need to work with small equipment in order to be able to work within the existing

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building. But we're willing to do that. We're actually excited to do that. The section can

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show very clearly the the idea behind the structural concept of the proposed building.

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Yeah, if you can pan it up a little bit and just and the next the next one the presentation

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structural the next slide please. Yep, so you can see how those red columns are all designed to be

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away from the envelope and we completely avoiding any underpinning work to not create

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any kind of vibrations that will cause the damage to the mural.

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it's a damage

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to them you all

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Mr. Mariani I hate to interrupt you

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it's 743

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this is probably a good spot to stop

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if we're going to stop

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if that works that works for all of us

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we apologize to everyone

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the applicant, the protestants

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everyone is on the phone

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but we're guided by certain rules

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and regulations

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these employees who are making this happen have been at this since at least eight o'clock this

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morning so having said that uh we this case hold on one second

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mr chairman i respectfully just want to chime in just briefly i'm assuming that uh we'll get

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an opportunity to cross-examine the witness at a later date yes absolutely and we will hear from

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we will hear from residents as well interested parties this is sharing also if i will contact

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all the attorneys to try to come up with a briefing schedule on the motion to dismiss

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thank you you're welcome thank you i believe mr mattione has at least two more witnesses however

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is that right before we get to my my side i have shimmy and then i have um emily smith okay

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sorry about that i dropped my page all right um so calendar number

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mi 2020-003380 230-36 vine street is continued correct me from wrong tanya june 22nd at 10 o'clock

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a.m. and gentlemen uh i understand and i know mr zacken you cringed on that one but it's the best

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