civus
Hearing video

ZBA Hearing - January 20, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 20, 20215h 3m

please? And then I'll swear you in. Yes, Rustin Ohler, last name O-H-L-E-R,

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Office address is 1225 North 7th Street, Philadelphia, PA.

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

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I do.

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Okay, you may proceed.

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Good afternoon, Mr. Owe. How are you today? Good. So, Mr. Owe, you heard me testify concerning

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the steep slopes and the reason those regulations are in play. Can you propound on that a little

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bit more? What is the purpose of the steep slope regulation? I mean, so mine are saying the steep

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slope is to protect the natural, you know, landscaping resources to avoid any unnecessary

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soil erosion and runoff. So, I mean, basically what we'll do with this as other similar smaller

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sites in Manioc Ave that we've worked on, you know, we work closely with a civil engineer,

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we perform erosion control plans, we get those approved by the water department

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and have those reviewed and approved by city planning, you know, as part of our building

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permitting process. And then in the event, any additional engineering measures need to be made

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for, you know, piping, water deviation, on-site storage tanks, we, you know, we take care of that

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in the technical phase of building permitting. And Mr. Woolworth, can you, were you done your

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response? I'm sorry. No, I mean, so basically what I was going to say is, you know, normally where we

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see larger sites where we're protecting a lot of the steep slope, it's more of like a natural

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man-made slope. I think the slope on this site, as you can see, there isn't a single part of it

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under 25%, so it's completely unbuildable without receiving the steep slope variance,

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and I think a lot of it is because, you know, because of the bridge and what was done in order

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to, like, make the Maniunk Avenue bridge where it is, and then you can see even as the lines get

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tighter where the bridge embutment is um which happened as a repair to the manioc avenue bridge

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um uh i don't know a few years or a decade back um further exacerbated and increased that so

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um it's not a hundred percent man-made slope on this particular parcel mr roller if uh

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the the garage refusals were not here uh would this be a buy right build

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uh no nothing can be built on this site with without a variance because of the steep slope

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and i had this cutaway section here can you describe to the board what type of retaining

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walls and foundation issues you will have in play to prevent any type of erosion or just just storm

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water uh yeah i mean so there'll be concrete retaining walls there will be continuous perimeter

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drains, you know, gravel stops up against those and waterproofing measures, which will

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help to, you know, route and run the water and the retaining walls would help eliminate

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any erosion control.

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Mr. Roller, did I ask you to conduct a survey of the number of garages within about 100

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feet, 200 feet, or excuse me, within a block on each direction of this particular property?

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uh yes so we did a uh survey uh basically like a physical survey of the existing surface parking

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spaces and garages um that are on the block basically from the street to the south to the

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street to the north so basically with just literally within this block um and there are

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30 um 30 surface parking or garage garages on this block thank you mr roller um

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Mr. Klinger, is there anyone else who would like to testify?

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Yes, my client, Dmitry Stardominski, that's D-I-M-I-T-R-Y-S-T-A-R-O-M-I-N-S-K-Y is on the line, I believe.

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Hello.

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Hello, Dmitry, you're going to be sworn in now.

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Thank you.

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do you agree to do you not agree do you swear or affirm to tell the whole truth and nothing

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but the truth yes name and address please for the record dimitry starominski d-i-m-i-t-r-y

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starominski s-t-a-r-o-m-i-n-s-k-y address 172 glennifer hill road

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O-M-I-N-S-K-Y, address 172, Glennifer Hill Road, Ridgeburg, Pennsylvania, 18954.

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Dimitri, did you participate in this Zoom meeting from its outset?

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Yes.

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And did you have the opportunity to hear my testimony and the testimony of architect Rustin O'Or?

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Yes.

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And if you had the opportunity to testify, would you adopt his testimony and my testimony as your own and as true and correct?

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I would.

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Thank you. With that, I rest and ask that the board look upon this application as a unique situation in terms of the lot, the bridge abutment,

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the opportunity for the engineering to basically handle and direct any stormwater away as testified by the architect.

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We believe this project will not impact the property next door adversely.

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It's in harmony with the code

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and it's in harmony with the remaining houses

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within a hundred feet or so.

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And with that, I rest.

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Thank you very much.

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Does the board have any questions?

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No.

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And there's no one else who would like to testify.

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Madam Chair, we have Celeste Hardister

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that's been unmuted.

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She can unmute herself.

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Okay.

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Yes, good afternoon.

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Good afternoon, name and address please.

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Leleste Hardister, C-E-L-E-S-T-E-H-A-R-D-E-S-T-E-R, 368 Green Lane, Philadelphia, 19128.

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And do you swear our farm to tell the whole truth and nothing but the truth?

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I do.

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Thank you.

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This project was presented to the Central Voxboro Civic Association Zoning Committee.

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I am the president of the of the CRCA. This was presented to the zoning committee before it first presented to the Wissahick and Neighbors Association, which is the coordinating RCO and recognizing that

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that on steep slope, that property cannot be deemed to be undevelopable. We worked hard to

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try to find solutions that would have the least impact on the steep slope and

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thought that we had come, arrived at some ideas that the architect was interested in.

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We are in opposition to the front yard parking. And actually, for all of the siting up and down

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Schur's Lane of other parking garages, this property is RSA 5, which does not allow a parking

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garage. And there is no front yard parking allowed. So this is certainly not within code

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to have front yard parking here. The next door neighbor parks in front. There's not a permit

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for that condition. So their parking is not legal. Are you speaking, excuse me, are you speaking on

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behalf of yourself, a neighborhood or the RCO? The RCO. Okay. And I should say that that's my

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understanding that the neighbor's parking is not legal. I was informed of that from another

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member of our zoning committee. In terms of referencing up and down Shurs Lane, there is a

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unique property directly across the street from this property that fronts both Shurs Lane and

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then five stories up, it fronts Maniunk Avenue. And so this property that we're discussing today

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offers a similar opportunity. And so we had hoped that considering that this property could not be

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deemed to be undevelopable, which by the way, this property had been offered to the Central

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Roxburgh Civic Association for free a few years ago because a prior owner found it to be

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undevelopable. And indeed, we've heard that term a few times today. So the property that is

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across the street faces both Manionk Avenue and Schur's Lane. And our zoning committee felt that

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this would be an opportunity for a unique, another good opportunity for a uniquely designed home that

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would also have less impact on the steep slope than has been recommended here. We were looking

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to have it face on Manionk Avenue as well as have a Schur's Lane presentation. So between

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between not working with us as we thought they were going.

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between not working with us as we thought they were going to,

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not coming up with a steep slope solution

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that would be less invasive than their current plan.

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And also because we oppose the front yard parking,

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we are in opposition to this project.

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Thank you.

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We respond, Madam Chairman.

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Yes, sure you may.

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Yeah, so Celeste is correct.

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We did appear before the Roxborough Group

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as a courtesy. She asked us who we did. And we then went in front of the RCO in charge of this

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project, President Joseph Bergen, and they didn't like, frankly, the reception I got

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was not in favor of what was suggested by Manninghunk Neighborhood Council. So we're caught

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in kind of a crossfire there not trying to alienate anybody because again you know Mr.

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Lohr and I appear in front of community groups on a regular basis and we don't want to want any ill

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will but you know we really had to go with what the RCO who is in charge of this project wanted

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plus the suggestion made by Roxborough was that the you know the house go back and then

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turn toward Matty Onk which was going to make our house a little bit deeper and then kind of you know

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box in this gentleman's house and we just thought building the house back to the end of his house

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and stopping and and so that all these homes would be in tandem was a uh was a better fit

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and I don't I don't say me I meant the community group uh Wesley Hicken thought that

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Councilor, can I ask you a question?

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Sure, Ms. Holliman.

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Is on-site parking necessary for this site?

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Is it necessary?

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I guess it's a difference between a want and a need.

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I guess nothing in life is necessary,

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but it certainly would help the situation

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because the traffic is going uphill here

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and there's no parking on this side of the street.

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There is some parking here,

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but again, the garage cuts, curb cuts

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don't permit you to park.

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So we looked at this and maybe your thought is,

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well, if you're backing up, you have a situation,

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but you have traffic coming uphill, not downhill.

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If the traffic was coming downhill here,

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I would agree that maybe a front loaded parking space

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would not be the way to go.

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Thank you.

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Does anyone else on the board have questions?

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No.

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Planning Commission?

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No.

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Good afternoon, Chairwoman, members of the board.

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Ian Litwin, Planning Commission staff.

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This property is indicated for single-family residential use in the comprehensive plan.

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due to conditions unique to this lot planning commission staff has no opposition to granting

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the vans for steep slopes however we object to granting the vans for parking in the front yard

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as this is prohibited in rsa 5. excuse me madam chair we have two hands up

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okay tina marie russell you've been unmuted please unmute yourself

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can you hear me yes i can can you put your can you put your name and address on the record

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tina marie russell north central philadelphia cdc um okay do you swear all truth and nothing

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but the truth i do okay you may proceed yeah i just have one statement and that is the fact that

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he uh indicated that the coordinator had a different um comment or version than what they

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would like to see whether an addition exists, excuse me, exclusively is not true. All RCOs

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are able to weigh in on ZBA hearings. So that I just wanted to correct that statement that says

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that he can only have to abide by the coordinator. The coordinator is just there to host the meeting,

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but all RCOs get to weigh in on comments and conversations. And their responses are just as

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equal their statements are considered should be considered as equal okay and there's someone else

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who would like to speak joseph bergman you've been unmuted please unmute okay thank you madam

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chairman good afternoon my name is joe bergen i am the president of the wisconsin neighbor civic

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association um and i wanted to just address a couple points real quick uh the first is how we

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And I want to just address a couple points real quick.

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The first is how we voted.

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vote

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The motion was to support the proposed variance, and that is why we only had one, and then

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we had opposition, and that is five.

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So it's very clear, at least from my standpoint, how we made the motion that we are opposed

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to this.

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I would like to acknowledge that the applicant did come back and did incorporate some brick

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in the front. And overall, we remained opposed for the parking was the big issue. And I also

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want to acknowledge Celeste Harding from our neighboring Civic on the steep slope issues.

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I know they've worked very hard. And I think that's our position.

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Okay, would it benefit anyone of you to go back and have a discussion?

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I'm not opposed to that. I want to ensure that our neighboring civic has fully been heard.

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And if that's what makes the most sense, I would agree to it.

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Okay. I'm never against talking further.

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Okay. Then we'll continue this. Do we have a date for

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a hearing fatima not a hearing a continuance date

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no it would have to be a resumption hearing so a resumption oh boy

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and i do i need a date today for the resumption hearing

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you do unless they're going to repost um is is there any benefit to a resumption hearing in this

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case is there any likelihood of reaching an agreement

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this is henry clinton i mean one never knows uh what can happen we've already had

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three meetings and you know three three looks at this um and i don't want to put the board in a

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difficult position um hank do you want me to describe very quickly about like what the

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the differences between the two rcos and where that would be helpful if you could i can rustin

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rustin before you do that what i want to know is where would people park um so basically if we do

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not get the front loaded parking they would be subject to parking on the street um again on this

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street there's only parking on one side and that is also extremely limited because there are so

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many other garages and curb cuts so the area is already under you largely underserved by parking

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um okay so you can continue with whatever you were going to say it might be helpful

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hank if you could just go to the site plan that has the uh slopes on it the topography

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because I think I actually yes this so I liked the idea of what um Roxborough Civic was suggesting

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I thought it would have made a you know pretty cool building and what we were talking about

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in order to do that and engage Maniunk Ave so Hank if you can see the building is shaded in

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like a light gray there everybody and then the dark gray are like the structural bridge abutments

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So we want to stay a comfortable distance away from them in case they ever need to be, like, maintained over time so that, you know, there's no issues or failure in the bridge.

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I think that's important to everybody as a whole.

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So in order to do that, we were looking at basically trying to connect to Manioc Ave on the back part of the building and pushing further into our rear yard in order to accommodate that, which we can do.

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