civus
Hearing video

ZBA Hearing - January 20, 2021

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

Yes.

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This is right below, at 12th and Brown Street, it's between Brown and Poplar, or Parish.

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i think parishes before pop uh poplar right and then um avenue i'm sorry and then comes gerard

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avenue exactly that that overlay protection is from gerard to to brown street from 12th street

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to um go all the way over to watt street and that's a law that was created um in september

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of 2019 and they came in on with this refused with their permit in February of 2020. Now

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if you notice the list that he showed with the petition it's only six houses

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of uh of addresses and i'm pretty sure they went to more than six houses

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and um so i'm assuming that the other people did not sign the petition i i would object to that

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uh speculation this is what i'd like to know would it benefit um everybody to go back and

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have another meeting um okay a meeting a second meeting it will be we won't object object to a

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second meeting um but the issue is um the participation um i don't know he didn't show a

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uh a a postal receipt um he didn't present it at our meeting it's rather hard you do have long-term

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um residents over there in in near my homes and if they know about it also if you notice

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also if you notice he did not show the poster i came past there yesterday that orange poster

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was not in view um on that property and i noticed i've been on this line for a long time

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I want to point out the poster is not orange because it was printed by the applicant.

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We were emailed the poster and it was printed.

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uh we were emailed the poster and it was printed i i'm showing the photograph with the board and

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I'm showing the photograph.

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the uh on the fence with the posters to the board at the moment i do see that

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does the board have any questions here no no

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so okay diane briefly can you summarize

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there's there's five opposed to it in the rco and pages okay people are supporting our seminar

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my summation is that to protect this community based on the legislation that was approved

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by the city of philadelphia that this property should not be um zoned as a a duplex but there

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we will welcome a single family they are friends these two people they could live together in

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harmony and and arrange it however they wish to arrange it but otherwise in that the properties

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in this neighborhood is in demand, that lot will sell to someone who wished to do a single

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family. So therefore, there's no hardship on the proposed client. Thank you very much.

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Thank you. Planning Commission.

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Good morning. Vice Chair Tanari, Ian Hegarty, City Planning Commission. The property is

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indicated for a single family use on the comprehensive plan, but we believe the shallow

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an irregular lot presents unique physical characteristics and the proposed use is unlikely

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to have negative effects on the neighborhood so we have no objection to the granting of the variance.

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Calendar number 0296810 North 12th Street my vote is yes. My vote is yes. My vote is yes.

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My vote is yes. Thank you. Thank you. That concludes the 930 meeting. Excuse me Vice

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here we have mary jones with her hand up okay that does not conclude it i'm sorry that's okay

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um mary um hi mary can you put your name and address on the record

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yes um mary jones um council president daryl clark's office city hall room 494 and do you

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where we're from to tell the whole truth and nothing but the truth? I do. There was no call

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for testimony on this last case but I wanted to go on record that we support the RCO's position

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and we oppose the granting of the variance due to the lack of hardship and the fact that this

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was indeed included in the overlay that was passed this past year and excuse me not this past year

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in September 2019. Thank you. Thank you. There's not going to be a re-vote unless the board

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wants to re-vote this. I'm okay. Thanks, Darren. I'm okay. Okay, 9.30 meeting is concluded.

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see everybody at two can everybody hear me yes okay good afternoon my name is carol tenary i'm

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the vice chair of the zoning board of adjustment today i will be your chair i'll be participating

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in today's hearing along with board secretary confessor plaza and board members thomas holliman

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and james snell and also the board attorney sharon suletta for those of you who haven't

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yet participated in one of our virtual hearings, I'll go through some of the basics of what you

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can expect. First, we will be administering oaths to individual participants prior to their

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testimony. Second, we'd like to advise everyone that this proceeding is being recorded and that

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by participating, you acknowledge your agreement to be recorded. Third, for anyone participating

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by phone, if you wish to testify, you must raise your hand by hitting star nine, then star six to

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unmute yourself. And I'll repeat that. For anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star nine, then star six to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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The number again is 267-270-5548.

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And fourth, the question and answer box is not for testimony.

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And fourth, the question and answer box is not for testimony.

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Any comments are to be directed to Fatina?

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Is that correct?

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Yes, Chair.

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Okay.

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Thank you.

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Continuances today.

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Sharon, is that correct?

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Is that where I'm going?

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I'm late and I'm a little...

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Yes, you can read the continuances.

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Okay, so the continuances for today are calendar number 1849-1719 Spring Garden Street, calendar number 1092-1931 South Broad Street is being withdrawn, calendar number 1753-2533.

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altar street is continued calendar number 2710 2840 home avenue and calendar number 2706

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3800 powellton avenue is continued with the attorney is the moving party does anyone disagree

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or object to any of these continuances that i've called out if so please raise your hand

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i see no hands chair thank you

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is anyone requesting a continuance or withdrawal please raise your hand

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i have charles richardson you may unmute yourself mr richardson

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good afternoon madam chair on board charles richardson from the office of councilwoman

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cindy bathroom 312 city thank you okay do you swear a firm to tell the whole truth and nothing

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about the truth i do uh today asking continuance for uh 02672 which is 566 west clampier street

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looking for this is Sharon Florida I also have no record of having received exhibits

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and this was not listed before no it hasn't uh they're they plan to have a well the

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coordinating RCO has let us know that that the uh RCO meeting is set for the 28th of this month so

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any uh date beyond that would be great okay is there anyone else here

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on this case. Calendar number 2672-566 West Clapier Street is being continued. Thank you.

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Thank you. Chair, I have Aaron White. He's been unmuted. Please unmute yourself Mr. White.

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Hello, can you hear me?

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Yes, can you put your name and address on the record, please?

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My name is Aaron White, and the address of the property...

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Can you put your address, your own address?

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My own address is 240 West Rittenhouse Street, Philadelphia, Pennsylvania.

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Okay.

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19144.

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

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Yes, I do.

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Okay, and what case are you referring to, please?

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The 566 West Clay Pier that you were just mentioning.

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I was trying to raise my hand, I wasn't sure how to talk, because you were asking if there was anyone else that was present for it.

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Okay, and what is your, we have continued it, but...

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That's perfect. I was just trying to weigh in because you asked if anyone else was present.

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Okay, so you're in agreement with the continuance?

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Yes, I am.

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Thank you so much.

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All right, thank you.

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Next, we'll do to the attorney. I don't have a calendar number for the one I'm doing next. I do have an address, 1407-09 Grange Street.

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Grange Street but I don't have a calendar number. Rachel Prisker you may

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unmute yourself you're free to speak. Thank you. Rachel R-A-C-H-A-E-L Prisker

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P-R-I-T-Z-K-E-R 1635 Market Street Suite 1600 Philadelphia PA 19103 and you

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sorry i left that off okay thank you rachel do you swear or affirm to tell the whole truth and

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nothing but the truth yes okay this is a resumption hearing yes okay you may proceed

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okay this is a resumption hearing in order to address some of the concerns brought by the chair

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Claire and Mr. Holloman as to some additional renderings and information and a more detailed

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site plan to address some of the concerns.

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So if I could share my screen in order to, we have that additional material that was

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sent to the board.

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That would be fine.

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Okay.

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okay so as the board may remember from before we're talking about uh 1407-09 uh west grange

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street which is this intermediate cmx2 lot um on grange and north 15th street um we were asked

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by the board to provide some more details as to um i'm just going to download these plans so

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they're easier to see um some additional um plans renderings and views so that the board could

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confirm um some of the parking concerns and given it uh butts this resident these residential

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properties so just so that um mr halliman has um an option an opportunity to to view this this is

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the additional site plan with more information. He had specifically wanted to see how the property

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lies with the adjacent building. So we were able to provide that here on this site plan. So I don't

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know if Mr. Holloman has any additional questions specific to the site plan or if you want me to

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just go through with the rest of the materials. I just know that this was important. Mr. Holloman,

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do you have any questions? Yes, Ms. Vice Chairman. Let me ask, do you have, is the architect

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available? Yes, Ray Rolla should be available. Can I direct my questions to the architect?

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Sure. Ray, could you raise your hand? Mr. Rolla, you've been unmuted. You're free to speak.

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please unmute yourself yes i'm here mr rolla can you put your name and address on the record and

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then i'll swear you in yes raymond rolla r-o-l-a 1518 walnut street philadelphia pa 19102 thank

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you and do you swear and affirm to tell the whole truth and nothing but the truth yes i do thank

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you mr holliman you may proceed uh yes thank you uh counselor can you go to the

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zoning site plan the zoning site plan i think it's page it's page 22 i think

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sorry just taking a minute to load

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in this packet

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I believe so.

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This is Z1 through 5.

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Okay, then go to the pictures, the area of photos.

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Yep. I think that was up here.

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This one, sir?

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No, you have another one.

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Okay.

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the photo section photo section in the packet i provided the board or in in the updated plans

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you just passed your zoning map okay you just passed your zoning map okay give me one sec

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here we go

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is this what you're referring to that that's it that's it can you blow it up a little bit yep

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Thank you.

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Thank you. I'd like to ask the architect, according to the zoning map, this property

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has no street frontage. Is that correct or incorrect?

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That's correct.

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Okay. But you're trying to place an entrance from a street frontage because you put street

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frontage on your plans on your site plan it's actually the easement frontage but it's not a

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street frontage it's not on the city plan as a street correct aren't you supposed to

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exit exit and interest people from a street frontage

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you keep talking about people entering the building

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correct and exiting the building correct

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i i don't know that there's a zoning requirement for that

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so you can exit people from a driveway alley anywhere

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as i understand it's a driveway slash passageway easement but the passageway

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was for the existing building which for the use of the existing building it's not for a new use

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it's for the property owners as i understand it maybe rachel could correct me it's an easement

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that is available to all the property owners uh that have bought that easement typically it runs

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with the land that's not dependent on the use specifically okay that easement is for the

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driveway, correct? The driveway slash passageway. No, I don't know why you keep saying slash

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passageway. Of course, people use it for a driveway. When they get out the car, it turns

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into a passageway. But I'm referring to using the driveway for motorists. No, this driveway

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that abuts the residential is just for pedestrian access. There is another easement on the Green

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Street side for vehicle access where you saw in our plans the garage doors. So there's going to

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be no vehicular access on the west side, which is where the concern was that abuts the adjacent

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homes. That easement is just for pedestrian access. The other easement is for the garage

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where we have on the Green Street side of the property. And as you can see here,

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where there'll be vehicular access. Well, let me ask you this. How do the people

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in the residential area get to their garages in the rear of their property?

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They drive down this private driveway with their cars. So it is a motorist passageway also.

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Well, that's how they're using it. I haven't pulled every single one of their deeds to

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see but i know as far as our deed is concerned it's it's not for vehicular access and that's

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why we don't have our we don't have an exit and an entrance from for vehicles um on our plans

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it's i think i think you may be reading the easement incorrectly the existing building

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has a fire escape a fire tower correct yes yeah and that's an exit for people for the fire tower

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for using that building.

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That is not for people to come back and forth

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as an entrance to a building.

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There's an existing fire tower

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that does have an exit door

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into the driveway passageway.

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But it's a passageway for an exit

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for the existing building.

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It is not to be a new entranceway to a building.

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It's not entering through the stairway.

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We're entering through a doorway

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that's adjacent to the stairway.

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that's a new doorway that you created correct well there is a door there we expanded it

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well whatever it's still an exit for a fire use the exit from the stairwell with a new

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entrance into the apartment lobby well i don't believe you could put a a street entrance in the

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driveway for 24 hours, 24-7

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usage. When other people adjacent to that

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driveway can use the entire driveway 15 feet

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