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Hearing video

ZBA Hearing - November 3, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 3, 20206h 16m

and it also met the city requirements for uh doing retention of the various storms

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excuse the interruption excuse the interruption i think mr holliman's trying to get in

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yes yes we have to speak up tom can you show the site plan yes i can am i authorized yeah i think

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I am. Yeah, sure. That would be helpful. Thank you. And while I'm on, counselor, can I ask you

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a question? Of course. What percentage is it over the 45%? And where is that overage on the site

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plan? George, did you hear Mr. Holloman's question? They want to get, and I don't know

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if you're prepared to give an exact number, what is the, and maybe this might be for David

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or Rondo other than you, but the question is, what is the percentage if you don't count

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Boris Pavers? I think you can get the best answer there from David or Rondo,

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who actually put the plans together you have. Who's the best person? Let's get him or her on.

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uh david plant yes good afternoon sir please identify yourself with the record spell your

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first and last name david plant p-l-a-n-t-e

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that's p as in paul l-a-n-t-e correct thank you swear and affirm to tell the truth the whole truth

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nothing but the truth i do thank you mr demarco could you enlarge that um that page please

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You're going to have to forgive me. I'm having trouble doing that. I've been trying to do it.

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Let's start with the oral testimony. Maybe you can get that.

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Mr. Chairman, there was a PDF original of the fourth proposal that's in color, that's clear, that doesn't have the stamps on it, but it's a legible copy.

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We're prepared to produce one. I know Mr. DeMarco also has one, but we're going to have testimony.

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i think it would be helpful if we were looking at a clear plan not this very hazy it would be

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very helpful with that very helpful i'm okay with that mr chairman uh what i wanted to

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indicate the reason why i had to use this plan it's not the best quality but that's the

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planning commission stamp that's why i have this as my plan i'm happy to use okay all right i'm

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happy to use Mr. Toner's color, color one. That's fine. Anyway, the question was to David.

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You have to take yours down, I believe. Then I will. Mr. Toner can put his up.

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Okay, Mr. Plant. David, did you hear the question from Mr. Holloman, which was, do you know what

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the exact percentages uh of pervious cover if you if you're not permitted to include the porous

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uh pavers if the porous pavement is included oh he needs to be sworn mr chairman

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i was oh sorry sorry go ahead if the porous pavement is included in the impervious cover

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calculation, then the total

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for the entire site is

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approximately 77%

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confirmed.

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Right. So that's minus

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the 45%?

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No.

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Go ahead, David. I'm sorry.

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Go ahead, David. I'm sorry.

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It would be

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It would be approximately 22% over the 45% wedding.

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approximately

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Thank you. And where is that 22%?

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Well, it really is over the entire site.

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And when you look at the site plan...

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Paul, the site plan is not up. You have to...

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The front 25% of the site approximately is within Category 5.

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And that is the section that has no limitation on the impervious cover.

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And then the rear 75% is category four, and that has the 45%.

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And I think that impervious distribution is about the same.

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So we would have about 75% coverage within Category 5, even though more would be permitted, and 75% to 77% in Category 4 with 45% permitted.

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Mr. Holloman, I do have the color.

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It looks like Paul's having trouble loading.

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I do have it.

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It's in the old exhibits.

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it's I can try to bring up a color unless Paul thinks he can fix this. I can bring up the color

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plan if you need me to. Let's try it. All right, Paul's going to have to stop

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unless he can get that document to load.

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He's having technical difficulties.

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Are you going to give me a shot?

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Yeah, Paul, if you don't mind, take your shot.

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That's fine.

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Yeah, take it off.

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I'm not sure what's going on.

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Yeah, let's let DeMarco try again.

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Should be.

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in this one.

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Oh, the wrong one. Hold on.

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Yeah, it's in the reproduced record, I think.

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All right, this is the, yeah, all I have is that black and white, unless David can give it to me.

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I mean, just for, I mean, this was the plan, that was the 18.

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It's that black and white, it's the best, it looks like the best I have, I'm sorry.

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I'll put it up, though, in case you want it, because it does show it.

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i mean this this is the final you can see we get we created two gaps and there's additional

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green space here and here you can see this one right uh mr holloman yes so the difference between

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the second to final plan and the final plan was we removed these units here and created

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additional green space but this is the overflow parking this is our i believe our storage basin

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um one of them yeah am i right david that's the rain garden rain garden excuse me and so david

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let me well let's continue moving this along here is the line uh where i'm indicating is

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this approximately where the boundary of the line is where this side of that line is

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the 45 percent limitation and this portion here has no limitation is that right that's correct

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that's correct and this is based on what you you what you were told by the planning commission is

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that right correct all right so i think we answered mr holliman did we answer your question

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I think we answered, Mr. Holloman, did we answer your question, and I'll move on.

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and I'll move on.

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I guess you're saying about 25% over.

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I guess you say.

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So 25% of this property has no impervious coverage limitation, whereas to the right, it's about 100 feet in.

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This is over 350, 360 feet deep, that's not.

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the 100 feet in is approximately right here is the boundary line and to the right is the coverage

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limitation of 45 percent to the left there is no limitation correct david yes and george all right

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so did the water department approve the storm water management um proposal for this final plan

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yes they have approved the plan um they gave it both preliminary approval and they've approved

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it recently correct correct so they have approved your stormwater management proposal as compliant

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with their regulations not only then but now correct correct all right um now as far as uh

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impeding water surfaces and infiltration, the porous elements do allow for the intrusion of

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water, right? Yes. And also the current site has some, even though it's open space,

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it has stormwater management problems, correct? Which you mentioned earlier, correct?

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Mr. Ritter described how the water flows towards the back of the site towards the

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adjoining homes. About 85 percent of the site slopes away from Ridge Avenue towards the back

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of the site in its current condition. So is it your opinion as a and you are an engineer Mr.

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plant? Correct. Is it your opinion that the proposal that is proposed in the final plan

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proposed by David Brannigan is a vast improvement or a wash or worse than current conditions?

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It's a significant improvement in terms of stormwater management and impact on adjoining

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properties. The proposed plan is a significant improvement over the current conditions.

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And is that because current conditions, current groundwater, ground level, ground quality there allows for runoff, right?

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Correct.

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So in other words, natural ground does impede the flow of water into the soil.

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Is that a fair statement?

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To some extent, yes.

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To some extent, right? So even soil, natural soil does impede groundwater and creates pooling and rivulets and can result in water, rainwater flowing onto other properties, right?

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Is that correct?

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Yes.

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And that's currently occurring, right?

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Yes.

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Okay. On this site, correct?

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Yes.

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All right.

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i'm almost done mr chairman um i want to just show uh since we're talking about uh potential

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variances i'm going to

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go to a different plan i'll see if i can do this

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uh david do you see what i'm showing on this on your screen yes but you tell the board and mr

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holloman and the rest of the board what what we're showing here well this this version of the plan

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contemplates the limitation of 45 percent impervious cover including the permeable pavement

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within the category four area which is the rear property and that required elimination of all of

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the um visitor parking as well as um driveway access to three of the four homes at the rear

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of the site all right my courser can you see where i'm putting my courser that's the area that um

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and where it's shown green in front of the the houses that that would have to be eliminated so

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you would lose the parking garage parking in this building all right so this line diagonal line here

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is that the 100 feet depth issue that i discussed earlier where this portion indicating the front

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portion of the lot for the record does not have a impervious coverage restriction right

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Right. Right. And this area that I'm outlining, which is the rear larger portion of the law, has the 45 percent coverage.

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and this area that i'm outlining which is the rear

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Correct. Is that right? Yes. All right.

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So if you were to comply literally and strictly with what the Commonwealth Court seems to want.

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do we agree that you will lose all of the visitor parking here and you will not have access to

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at least three homes in the rear correct correct and you will only have what looks to be one or

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two spots in one of the rear units correct that's correct so if these homes indicated for the record

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the back three homes here that don't have driveway access those people will have to

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either unload elsewhere or outside of the site and walk packages if you will to their properties

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right because there's no room to pull in am i right yes all right so you will have eliminated

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i think at least 15 spaces here which is our overflow visitor parking correct yes and you

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have eliminated both access and accessory parking to the back three homes here correct yes all right

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so this is what the plan would look like if you were to comply literally with

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impervious coverage limitations agreed all right i'm going to show one more screen mr chairman and

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We can go on.

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Do you see this one, David?

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We don't see anything yet.

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Oh, okay.

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Hold on.

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I'm sorry.

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Give me a minute.

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having a senior moment

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wait until you're a senior

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now can you see it yes all right good i'm getting there just tell the board briefly and we can move

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on tell the board briefly what you see here on this screen this is a minor alteration of the

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previous plan. And this is what the plan would look like if the 45% impervious limitation was

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applied to the entire site. And so you'll see it really is a fairly small difference. And the thing

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that I think that's been eliminated, the part that's been eliminated is access to one of the

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four homes at the rear of the site so if the board if this plan that we're looking at and

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correct me from wrong was presented to the board back in 2017 and the impervious coverage requirements

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what are in place now were in place then this is what the board would have been

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uh voting law correct well not exactly mr chairman no show me what show us the one that

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with with the changes that have been made regarding impervious coverage if you have

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so to be clear we're asking the board now since since we we can't present you with an argument

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that the final plan that you approve complies with what the commonwealth court believes are

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impervious coverage requirements okay so we're we have no intention of building this it's a nightmare

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it's a nightmare scenario it's it's it's it's okay it's not feasible and i'll ask uh george uh i'll

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ask him his opinion as a land planner whether literal interpretation with the impervious coverage

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requirement is feasible so let's can i get that on the record now mr chairman yes george um looking

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at the two plans that david has explained to the board uh you agree that this is these plans show

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what the plan would look like if you were forced into a literal interpretation of the zoning code

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agreed i agree yes so tell the board in your opinion as a as a zoning professional and a

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professional land planner whether either of these two proposals make sense from a zoning standpoint

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Mr. Chairman, before we move on, can we just have the witness Mark D's or Mr. DeMarco Mark D's plan so we know on the record what plan we're referring to?

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Yeah, because I wasn't sure. I was interpreting this as a different plan.

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yeah that's fine this can be uh i'm gonna go r for remand i'm sorry this is tanya

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Yeah, that's fine. This can be, I'm going to go R for remand.

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i just want to call the time at 3 10. i just don't have a full docket for two yep okay i'm

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almost done mr chairman i was getting ready to say that too tanya thank you i'm almost done

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i'm gonna do r we're gonna do r we're gonna do r we're gonna do r1 and r2 for each of these plans

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Okay, if that's okay. So an R1 and R2 is what we're talking about, Mr. Ritter?

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Yes. Are they feasible from a zoning and professional planning standpoint?

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Well, I would say not. The plans as drawn there, if they were built that way, would really

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produce housing that would not be serviceable for the people that would be buying them. The lack of

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access and parking would make the project virtually undesirable and unfeasible in terms

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of trying to market it and get people interested in it.

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I don't think it would work at all.

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Right.

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And in your opinion, as a professional land plan, are variances clearly warranted for

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this condition?

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Oh, clearly, in order to serve these properly, variances are in order.

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That's all I have, Mr. Chairman.

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Thank you.

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All right.

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Mr. Toner, I don't want to rush you, but let's give you a few minutes.

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I've added a few extra minutes to the technical problems we had.

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So if you could.

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I'll move as quickly as I can.

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Mr. Ritter, going back to what was marked as three-man-two,

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at your position, this is not a feasible plan from a land development standpoint,

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solely because of the lack of visitor parking is that right? Well it no it's

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