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Hearing video

ZBA Hearing - July 28, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 28, 20206h 57m

please identify yourself for the record and spell your name for the stenographer? Sure. Good morning,

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members of the board. My name is Stephen. S-T-E-P-H-E-N. Last name Maffei. M is in Mark. A is in

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Apple. F is in Frank. F is in Frank. E is in Edward. I is in Indigo. Thank you, Stephen. Do you

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swear and affirm to tell the truth, the whole truth, and nothing but the truth? I do. Please

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proceed. Mr. Maffei, did you hear all the testimony I offered to the board today? Yes, I did. And

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would you adopt that testimony as though it were your own? I will. And did you have anything else

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you wanted to add um nothing really other than uh like you had mentioned the building actually

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is 20 foot lower we were going in for a 65 foot structure back when and we did reduce it like you

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had said from a five unit building to a single family uh with four stories and 45 feet so i just

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wanted to you know let that be known thank you anymore any other mr. Slepner

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have you concluded I have concluded I have nothing further at this time thank

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you is there anyone else who wishes to testify on this matter if so please raise

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your hand I have no one chair thank you any questions from the board

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planning commission

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good morning this property is indicated for residential use on the comprehensive plan

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the applicant is requesting front-loading parking on a block face that has no other curb cuts

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and has permitted parking on that block face accordingly we feel that the front-loaded

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Accordingly, we feel that the front-loaded parking should not be approved.

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parking should not be approved thank you

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Thank you.

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Calendar number 39660, 107 Callahill Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Good luck.

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All right.

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Thank you.

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Calendar number 39368, 1108 Siegel Street.

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Confess, what was that address again?

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1108?

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1108.

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Good morning, Steve.

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You agree to waive the reading of his refusal and stipulate to its accuracy?

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Yes, I do.

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Thank you. Name an address for the record.

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My name is Steve Bertil from Claire Harrison, Harvey, and Bransburg.

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Here on behalf of my colleague Stephanie Boggs, who was double booked.

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She has a historical commission meeting.

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The address we're here to present for is 1108 to 12 Siegel Street, S-I-G-E-L.

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With me, I have...

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Steve, would you please spell your name for the record?

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Sure. It's Steve Bertil, B-E-R-T-I-L.

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And do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you, Steve, and please proceed.

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Thank you.

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Good morning, Mr. Chair and members of the board.

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As I stated, my name is Steve Bertil, and we're here to represent on 1108-12 Siegel Street.

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With me, I have our architect and designer, Timothy Koerner, and the owner of the property, Mark Bon Giovanni.

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I don't know if they raised their hands already, but I'll just get started and then allow Tanya to find them.

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As I said, we're here for 1108 to 12 Segal Street.

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We are here to request a variance, approval for the demolition of an existing garage structure

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and a new construction of a four-story structure with a green roof and a roof deck for use

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as a six-multi-family residential dwelling unit with four accessory interior off-street

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parking spaces and 11 bicycle spaces.

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We're seeking approval with the proviso language outlined in our revised proviso plan and the

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changes submitted with the revised plans.

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So if I'm going to share my screen here, let's share the PDF.

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Is everyone able to see the PDF of the exhibit packet?

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Yes.

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Okay.

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I'm going to jump around to the exhibits that are relevant to the substantive issue

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at hand for the variances that we're seeking, but I'll just state on the offset that within

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the exhibit packet, we've met all the procedural and notice requirements, and I'll get into the

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specifics regarding meetings with the registered community organization a little bit later in my

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presentation. So just to provide context and background on the property, the subject property

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of 1108 Segal Street is designated as CMX2, Neighborhood Commercial Mixed Use. As you can

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see, this highlighted portion of the map is where the property lies. The Segal Street

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is located off 11th Street between McClellan Street to the north and Mifflin Street to

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south the property is an existing one-story garage it's a map of the

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location here and here's an aerial over the street here I'm not sure if you can

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see my mouse but the area of the street so as I said the property is an existing

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one-story garage and is utilized as such. This is a photo of the exterior facing Segal Street.

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And the property is also essentially sandwiched between two other garages and

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in fact the entire street is essentially all garage access.

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So this is a photo of it looking up Segal Street, or I'm sorry, down Segal Street.

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And this is from the corner of Segal and 11th, which you would have to enter to get to look down the street here.

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So, as I stated, the property is designated as CMX2.

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The proposed development is designed to the CMX2 standard to meet the intent and purpose

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of the code.

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I'm going to flip to Tab 8, so we're going to start with the proposed development.

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Tab 8B specifically, we included both the original plans on Tab 8A and Tab 8B are the

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revised plans.

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So we're going to flip to Tab, the members of the board wants to flip to Tab 8B if you

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uh for those who don't can't see the screen

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so as i said the the plans include the demolition of the existing garage and the construction of a

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four-story structure with a green roof, a roof deck, and roof deck access

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structure for use of six multi-family residential dwellings and four

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interior parking spaces and 11 bicycle spaces. The lot area of the subject

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parcel is 2,398 square feet. Under the code by right, four units would be

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allowable by right. We were actually just two square feet shy of being

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allowed five units by right. In addition to the two square feet, to being shy two square feet,

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we're including in the project a green roof, which under the code would allow an increased

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density of 25% for housing density. When you consider that calculation, the allowable by

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right units would be five units and we would actually at that point only be one

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square foot shy of the six units we were requesting under the variance so

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technically speaking because the building is under 5,000 square feet we

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do not technically qualify for the green roof bonus but nonetheless we are

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including the green roof on this project to all the requirements and all the

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requirements that are outlined to obtain the green bonus. In addition to that, we

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are including interior parking, although no parking is required for this project

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or this parcel, we're including the parking nonetheless. So just to give you a

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sense, this is the exterior front face of the structure and as you can see

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is the garage park racing garage and four units there here is a color

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rendering of what the project will look like along the Segal Street it is sort

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of an aerial view as you can see the the green roof in addition to the setback

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roof deck in the middle of the project and you can see it within the context of

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the existing, excuse me, of the existing three. So we met with the registered community organization

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twice, initially in January 13th of 2020, then again in February 12th, excuse me, February

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10th of 2020. Between the meetings, we made some changes in response to comments in the

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shadow study that was conducted. The roof deck was reconfigured to be set back from the building line

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to, one, to be set back from the building line, but also to create an extended green roof. So we

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have green roof on both sides instead of extending the deck to the roof line. In addition to that,

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the height of the parapet was lower to reduce the height of the mass of the building. And in terms

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of the floor plan some of the comments we received was to include a wash and dryer closet in each

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unit and we adjusted the units all the units to do that as you can see here the wd

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After the second meeting, and I'll jump to the letter, there was a vote convened where

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after the second meeting i'll jump to the letter

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the community attendees voted to support the project.

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And again, I'm not sure if you guys can see my mouse moving, but I'm circling where that

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yeah we can see it okay I can see it anyway okay so in terms of very free the

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refusal I'm just go back to the rendering in terms of the refusals that

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were issued currently there are five refusals the first is the amount of

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residential units permitted there are four residential units permitted as I

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stated earlier but we're requesting what we believe is a de minimis request of six requested

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units because of the design and the inclusion of the green roof which satisfies the language for

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the green roof bonus but also because we're we're so we were the amount of square footage that we

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were off to get the increase unit was um so minuscule that we believe that it's not it's

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de minimis variance request. In addition to the units, there's a zoning designation as a max

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occupied area of 75 percent. Currently, as the current condition on the property and all the

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units, or excuse me, all the lots on that street, it's currently 100 percent of occupied area on

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the lots and so we would essentially just not be changing the condition we

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will be maintaining that a hundred percent occupied area on the lot on the

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base level and when you get up to the occupied areas in the upper floors we

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are actually reducing it back to 80 percent in addition to that we have a

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refusal for the max height in the zoning designation the maximum height is 38

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feet we are proposing 51.6 feet there are actually two reasons for the increased

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height one is to provide the accessory parking in addition to that the on the

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roof we have two pilot houses that trigger the variance because if it was

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the one pilot house it would not be included in the height measurements but

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under the International Building Code, two means of egress are required from an

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occupied roof of a multifamily residence and as such we have to have the two

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pilot houses up there and therefore that if they have thus been included in the

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height measurement. The max height of the primary residence is actually 41 feet

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six inches so we're actually in terms of the primary residence in the primary

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bulking we're actually only about three feet um away from the map site the next refusal is the

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roof deck setback from seagull street so there's a five foot uh setbacks required um and under our

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proposed project uh and under the language of code we technically have zero um feet proposed

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but that's because we would like to maximize the green roof area and the green roof area is

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calculated within the roof deck setback even though the roof deck area is

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actually in the middle of the roof and it's and it's uh

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it's sandwiched by roof uh green roof on both sides

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and lastly uh the refusal is under the cmx2 designation typically

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the ground use floor is required to be designated for

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a non-residential use other than parking for this project because of the unique

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nature of the street of Siegel Street and I'll go back to just the photos of the street you can see

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that the a commercial space is not viable along Siegel Street because the entire block was

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essentially just garage access and there's no commercial space along Siegel Street at all so

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uh it was designed in a way that we had the front-facing um curb cuts are you there we

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have the front-facing uh garage for the off-street parking to sort of match with what the current um

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the current feel of the street is and it makes something that's more viable it makes more sense

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so in in terms of the various criteria we believe that the uh the requests of variance

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are de minimis inappropriate for the neighborhood we don't anticipate any additional congestion of

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public streets or transportation we don't believe we don't impair the uses of adjacent properties

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or life supply or air anything of that nature um and we also don't believe

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supply or air, anything of that nature. And we also don't believe there'll be a detrimental

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impact to health, safety, or welfare of the neighborhood that would exceed what would

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be expected for this type of use. For all these reasons, we believe that the variance is

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appropriate and we request that approval. As I stated earlier, I have both Timothy

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Perner and Mark Bongiovanni here with me. Were we able to find them? I just want them to

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raise their hand. Then Mr. Bertel asked them if they will adopt your testimony. I need them to

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identify themselves and I'll square them in. Okay. I'm familiar with that block. It's nothing but

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garages. You're right. Tim, if you could raise your hand.

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I know that he's on.

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My hand is raised.

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This is Tim Kerner.

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Mr. Kerner, please spell your name for the record.

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Identify yourself.

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Name and address.

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It's Timothy Kerner.

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T-I-M-O-T-H-Y

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K-E-R-N-E-R

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My...

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Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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I'm sorry I interrupted you.

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You were about to give your address.

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I apologize.

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my address is 2205 Bainbridge Street did you hear the testimony that I provided to the board

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in the chair this morning yes I did do you confirm the truth of my testimony and adopted as their own

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yes it was very good testimony I have one minor correction to make though having to do with the

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five foot setback uh originally the green roof was an

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occupied area and then the rco requested that we

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make the green roof unoccupied we set the railing back so

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at this point if we were to submit again that particular variance would go away

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we know we do have more than a five foot setback at this

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point for the occupied area of the deck okay thank you so thank you for that

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correction does that conclude mr pretzel yes if i could ask one question if this is approved you

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are requesting revised plans two pages is that correct yes and the two pages would be the

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elevation and the site plan you've also submitted i think shadow studies but that isn't something

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