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Hearing video

ZBA Hearing - October 27, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 27, 20203h 7m

but the truth yes please proceed mr whalen hello mr montabano uh you are the registrar architect

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for this project? Yes. Please, the board, I'm happy to go through with Mr. Montabano his

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extensive credentials, but I'm also happy to stipulate if the board will accept him as an

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expert. Please stipulate to your architect as being an expert. And is your intention, Mr. Whalen,

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to walk us through all this? Or I'm just wondering, it might be easier if we have any questions from

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the board uh i i will have uh adam just describe the project uh briefly and then we'll ask for any

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questions thank you um and then there's just one diagram i will be walking through with him

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um so mr montalbano uh you see here what you've designed um the board if you could just give a

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brief synopsis of what your your overall thought and plan was here uh sure just uh in brief uh as

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as you mentioned, Sean, that these homes are two signature style designs for the Northern

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Liberties neighborhood. One is a corner facing property and one is more of an infill condition,

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but the owner tasked us with developing a project that would have a significant,

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you know, sort of lasting design on the neighborhood in the community,

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um specifically northern liberties being a progressive uh and uh influential um architectural

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neighborhood um and that this was uh something that um uh seemed uh considerable and appropriate

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there um as uh mr willin mentioned uh we presented the board or presented the project to the northern

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Liberties Neighborhood Association. It was met with a very good response. The design features

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large windows along the north and the east facades, both street-facing facades.

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In the floor plans, yeah, you can go back just one page, Sean. Great, thanks. In the floor plans,

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And you can see the ground floor has the parking, which has been reduced from a two-car garage

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to a one-car garage at the request of the Neighborhood Association.

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The project itself is built essentially slab on grade due to certain soil conditions that

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are in this location.

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And that pushes the general planning of the house up a floor.

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So we have the main living space on the second floor and then additional bedroom space on

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the third and fourth floor the building has roof decks which again have been set back at the request

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of neighborhood association they were at the standard five foot setback along both

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Oriana and Wilde we've reduced that size to be eight feet to be respectful to you know concerns

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about sightline or you know anything that the neighborhood had again that was at their request

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one other mention is that the pilot house design on this project is as small as we

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uh as small as we could possibly make it uh the pilot house itself the roof deck access structure

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could possibly make it the pilot house itself the roof deck

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is only there to uh enclose the elevator and in a small uh sort of lobby space just to uh weather

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protect that door the uh the stairs uh themselves are open uh and that was intentionally done as

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well to just make that as small as possible to be as unobstructive to anybody's views as as possible

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And Mr. Montalbano, just to help this along, I'm showing the last page here, which has

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the sight lines of an individual standing across the street.

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And as you've indicated, there's no ability of an individual on the street level to see

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any of the roof deck activities or the pilot house in this location, correct?

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That's correct.

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And that's what this drawing specifically indicates.

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It shows the width of Wildey and both Oriana at the city plan widths and shows a simple

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line diagram just to indicate that anything above the main cornice line would not be visible from

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the street. Okay. All right. At this time, I'm just going to walk you through one diagram that

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I asked you to prepare for us. And if you could just give a description of what this document is

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and its importance uh sure this this document is uh just a diagram uh across willie street

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uh with respect to and sean you can fill in on the address i apologize i i don't uh remember that on

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the top of my head um sure so i'll jump i'll jump in mr montalbano to get some context and you can

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fill in where i missed so uh board members what you can see here is an atlas image satellite view of

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an overlay of our two properties here. That's the center line. This dark gray here is what

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would be the roof decks. And what we wanted to provide in this lower diagram schematic

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is any indication and the extent to which we attempted to prevent sight line issues with

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other homes. Obviously, anytime somebody has a new home being built, sight lines are going

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to change um but here uh specifically uh 331 west wilde uh would look uh southernly and look

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directly at sort of the the far western edge of this uh this property this one would be i think

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332 and this one will be listed as 330 i believe when we get new property addresses um so mr

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Montabano, could you describe what the diagram on the left shows? The diagram on the left just shows

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essentially a comparison of a by-right typical standard row home at 38 feet with a 42-inch

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parapet wall around the perimeter, which is fairly standard, you know, by-right construction

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in the city, basically just showing both of those roof surfaces being in line with each other

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across Willoughby Street. Right, and so as you said that the, and as we discussed, we're getting

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into one of the refusals here. We had a roof line of 43 feet, three and three quarters inches,

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and we've reduced that down to 41 feet in coordination with the neighborhood,

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but our 41 feet, we have no parapet, is that correct? That's correct. The design of these

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homes was intentionally not to have a parapet to minimize the the overall mass and and while on

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paper a building maybe 38 feet once you actually see the parapet on there which could be at least

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42 inches in some cases higher depending on where the roof deck is set that parapet can be quite

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high so the intent here was to actually have the roof deck be the roof surface and to minimize any

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parapet obstruction as much as possible, specifically on this project by having an

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open railing and setting it further back. And we actually agreed with the neighborhood to

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make the railing no longer open, but actually make it more opaque, actually 75%, correct?

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That's correct. We initially had a completely open, transparent railing. It was actually at

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the request of the Neighborhood Association to make the railing more opaque, which seems

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counterintuitive to building massing and having it be as minimal and invisible as possible. But

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it was something we accommodated at their request. Okay. So right now we have a 41 foot overall

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height, which is also going to be the height of our roof deck, as you stated. And what is allowed

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by right, if you had a 38 foot height by right, how high off of that could you build your roof deck

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by right? You're allowed an additional 40 feet, I'm sorry, four feet above the

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You're allowed an additional 40 feet, I'm sorry, four feet above the roof structure,

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according to the zoning code 14-6045B.

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You're allowed at four feet above the actual structure surface of 38.

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So that would put the surface of the roof deck at a maximum of 42 feet.

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That roof deck then could certainly have a parapet or some kind of solid railing,

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um certainly up to 42 inches high so that that could put a by right building with a roof deck

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with a general mass of approximately 45 foot six inches okay so now looking at the the view angle

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on the right hand side this is showing our proposed building and uh this is actually 331

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west will do across the street uh what is the distance between the two uh roof decks

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it's a little small on this but I believe it's close to 50 feet it's about 48 foot seven I

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believe it is if I can see yeah I have it zoomed up on mine so yes I'm wearing my glasses too so

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so at this at this distance with these sight lines do you in your expert opinion see any

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demonstrable uh impact of the slightly higher overall roof height on our proposed building

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as to what could be done by right no and and and frankly i think they're they're really very

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similar and in some cases as just mentioned the by right it could potentially be even higher than

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this so i think at a distance of 50 feet there's really minimal minimal difference in sightliner

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view if anything at all all right thank you very much mr montobano that's all i have for you at

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this moment. Sure, thank you. So to finish up for the board, you know, we've walked through most of

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the issues. We have three refusals, one of which being front-loading parking. That is a condition

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throughout the neighborhood. We actually believe it's beneficial to the neighborhood because it

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is removing cars that would otherwise go on the street, and it is also not removing any

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currently accessible street parking spots we also walked through already the so the rear property

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line that we were talking about is actually if you're looking at it here this would be the rear

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property line so we will have a back deck here but again that wall that we were showing is a solid

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wall on the property line that can't have any windows so the only impact of light and air

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is to ourselves in our own project and therefore negligible and then finally we just walked through

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in maybe too much detail the refusal with regard to height we did lessen it per the requirements

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and the requests of NLNA, I think quite reasonably, they wanted it a little bit reduced.

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We came down below what is otherwise allowed by Wright, so I would argue that it is

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negligible height difference and or de minimis. And not insignificantly, everyone in the city

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knows all of the issues going on with underpinning and the safety concerns. One of the items that

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the owner was considering in doing this is if in order to be by right on height at 38 feet which

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would really only be another three feet we'd have to dig down a basement and put the parking

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underground that puts a ramp which carves up the pedestrian walkway and it also would require

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underpinning the entirety of that condo development at 944 North Oriana Street which

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just seems like a risk not worth taking weighed in light of a three-foot increase in height,

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which, again, we would argue is de minimis and or negligible.

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So at this point, I'll rest for now. I would just ask, Mr. Montalbano, did you hear all of

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the testimony that I provided today? Yes, I did. And in addition to your own testimony,

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obviously, was my testimony true and correct to the best of your knowledge and belief? Yes.

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and would you adopt it as your own yes thank you well how many pages revised plan

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the revised plan is four pages thank you questions from sorry chairman i cut you off i was just going

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to ask if the board had any questions for mr montalbano no no questions no anyone else who

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would like to testify in this case if so please raise your hand and i'll swear you in

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Mr. DeChico just very quick our chairman DeChico just very quickly I'd like to introduce Steve

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Rodriguez on behalf of the ownership group please bring him on Mr. Rodriguez when you get on

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Mr. Rodriguez, when you get on, please spell your first and last name and I'll swear you in.

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please spell your first and last name

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Hold on a second, Mr. Malekki, you're looking, uh,

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Mr. Rodriguez, hold on a second.

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mr rodriguez you have been uh promoted to panelist

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amy i'll mute your microphone and let the chairman sway you in

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hello my name is stephen rodriguez uh spelled s-t-e-p-h-e-n-r-o-d-r-i-g-u-e-z

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and i'm going to affirm to tell the truth the whole truth and nothing but the truth

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I do.

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Mr. Rodriguez, you're here on behalf of the owner today?

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I am.

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And you are the owner and the applicant, I should say, correct?

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Correct. I'm the managing member of the applicant.

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All right. And you heard all of the testimony that I presented today?

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Yes.

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And was it true and correct to the best of your knowledge and belief?

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Yes.

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And would you adopt it as your own?

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I do.

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uh finally is there anything else that you think i might have missed that you would like to add

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no i think you covered it pretty thoroughly um i think adam did a great job as well

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all right thank you very much uh chairman uh i offer mr rodriguez for any questioning that

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the board might have questions from the board no no anyone else would like to testify in this case

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if so please raise your hand yes chair we have two hands raised

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alexander you can now unmute yourself in alexander please identify yourself with

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a record name and address spell your name for us please

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you have to unmute yourself

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you need to unmute yourself

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apologies for that

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please spell your full name

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and spell it it's uh it's a l e x a n d e r m e l e c k i and your address it's 331 west

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willie street that's right you swear and affirm to tell the truth the whole truth nothing

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yes sir so does that barking dog in the background no problem please proceed perfect uh so so thank

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you for thank you for the time and I I've actually submitted a bit more robust argument so I'm happy

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to walk through any points of that which the board has questions on but but at this point as a as a

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future neighbor of the development I'm actually the occupant of along with my wife of 331 West

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Bloody Street, which is the house that was reviewed in such detail with regard to the

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sight lines in the last section of the prior presentation, wanted to voice objection to

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the roof height-related variance on a few grounds. First, I think, as we've heard through the

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testimony, the desire for a 41-foot roof height is reliant on the notion that the variance is

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de minimis. I think, you know, based on my understanding of common law in Pennsylvania,

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this is meant to be an extraordinarily rare exception that should be approved, and not just

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approved due to the fact that there's been a design choice by the architect that drives the

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desire to build a tall house or the tallest house on the block. So I think it's worth

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registering that there are no hardships that are contributing to the high inflated variants

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and that this is, in fact, a request for a diminuous variance, which, again, my sense

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is from Pennsylvania common law should be seen as quite rare. So maybe I'll dive into

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why I don't think this variance is in fact a minimus in just a moment. But before doing so,

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wanted to touch on the fact that we had reviewed just now, Mr. Whale and Mr. Montalbano had

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reviewed a diagram of what the, I guess what I should presume a stick figure standing on my

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A stick figure standing on my my rooftop would look like looking across the street at the at a 41 foot rooftop.

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rooftop would look like looking across the street.

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Actually, after after corresponding with Mr. Whelan, I've been promised I've been promised a diagram like this on, I believe, October 1st and had followed up a number of times asking for it and received it this morning.

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And in fact, the diagram is not accurate. It shows my rooftop with a setback of 10 feet, which is inaccurate.

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I provided information that my rooftop has a setback of five feet.

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And so at a minimum, I think it would have been, at a minimum, I would say that it should be a requirement for neighborhood residents to be able to receive timely responses and help understanding what the design will look like.

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and also to receive accurate drawings

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before we go ahead and approve

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any sort of major construction projects

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in variance to the local code.

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But I think relative to the height of the dust.

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Mr. Malika, I need to interrupt.

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Were you in attendance at any of the RCO meetings?

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I was able to join the first one,

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but I was not aware of the second one.

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I have corresponded back and forth with,

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or I had a phone call with Mr. Whalen on October 1st to voice my opposition and then followed up

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the email a number of times, only receiving one response in that process and then one email this

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morning. So I don't mean this to be critical. So you did not attend the second meeting where I'm

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assuming, Mr. Whalen can correct me, where the modifications that took place or were agreed to.

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Let me one at a time, please. So you're not aware of those until today. Is that what you're saying?

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So I am I am aware that they reduced the proposed height based on feedback from the zoning board.

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I am not a member of the Northern Liberty Zoning Board and so did not have a voting matter in the same.

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But I did not join the I did not join that meeting.

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Mr. Chairman, I think I can clear this up for you pretty easily. I'm not sure if a member from the NLNA board is here to present and support their letter. There was one public meeting that was duly noticed.

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Mr. Malaki was in attendance at that meeting. All the issues were raised. What is presented now was presented. The original project was presented. The NLNA process is then that it takes that public meeting and gives it to its board.

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