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Hearing video

ZBA Hearing - August 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 17, 20215h 9m

and that's Falls Ridge, the existing building.

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These are existing homes back here.

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And this is Palisades, the road that comes off

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kind of catty corner from us.

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And I think, let me show a better.

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so where i'm showing right now is right here so falls ridge is right here with its parking lot

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and our property starts just past palisades and cuts this way

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so this starts to give you an idea i'm walking up merrick these are the existing conditions

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with the growth on our side, the existing building, the medians, and this starts to

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show you the significant incline that goes back up from Ridge Avenue.

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This is still all of our property. These are the homes at the top of the hill

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that are existing and occupied, and again, just sort of working our way up the hill to see the

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full site conditions. And here's the final property. I'm standing essentially to my right

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is the exact property line where our property ends. And then you can see the elevation change

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from ridge, which is down at the bottom. Now, it should be noted. It is not clear if you're looking

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at the site individually, but there is this, again, the serpentine property that circles back

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behind us. Our property, essentially right from our property going up, this is a significant

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elevation change. The existing townhomes are built up here. That's what will be referred to

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as the Westrom development. That was also developed in coordination with PHA, as were the houses over

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here we are approximately 75 feet away up a hill from those properties at the nearest point

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so moving along we have submitted a traffic and planning report which our traffic planner will

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get into here are simply photos of the second posting this property was posted for the original

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hearing back in June. This is a continued hearing and you can see it was posted twice

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on both street frontages along Ridge and Merrick. So here again this is a slide here

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which I'll leave as a placeholder for Ronald Glenn our engineer for the project. You can see again

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here's the kind of trapezoidal shape of our property coming back here. These are the two

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steep slopes that we're talking about. There's a band right through the middle here and a band

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right here. And to jump to the final conclusion, this is a CMX3 property that because of the steep

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slopes, any CMX3 development would require the disturbance of those steep slopes and therefore

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create a hardship for the property. I would object to that. That's just attorney speaking.

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I'm an attorney, too, so I don't say that figuratively, but I think that would really...

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I'm sure Mr. Whalen will bring in an expert witness to testify to that.

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Of course, Chairman Dejico, and I purposely prefaced my comment by stating that it would

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be testified to and by my engineer for that purpose. I think it's important to note that

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this property was previously zoned RM2, and actually in 2016, bill number 160328 actually

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remapped this property. So you can see here, part of that bill, we had CMX 2.5, CMX 2.5 across the

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street, and RM2. So this is Kelly Drive, and this is Ridge, RM2 property right here, and this whole

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RM-2 property right here, and this whole large property, both the one we're talking about today

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large property, both the one.

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and that Serpentine property behind us, were RM-2. However, through the public process

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and the adoption of this bill in 2016, you can see that the two properties across the street

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from us, CMX3 and CMX3 up from CMX2.5. As I said, you'll hear testimony later that those two

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properties are already approved for significant development. The Falls Bridge development that

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is existing did get upzoned to CMX2.5. And most notably and significantly, our property

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right here got up zoned from RM2 all the way to CMX3. You know, this was obviously done as a

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public process to rezone large sections of the area. It's not just this area, it's significant

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portions of East Falls and Maniunk. And, you know, obviously seeking a certain type of development

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or allowing, rather, a certain type of development by upzoning it to CMX3.

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That is done in follow-up to what you're looking at, I will represent, is page 86 of the Lower

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Northwest 2035 plan that was created and adopted by the Planning Commission in 2014 through another

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public process. And again, here's the property that we're talking about, 4401 Ridge. The dark

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red is the color in the Philadelphia zoning code of CMX3. And you have the two CMX3 properties

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next to us. And then this sort of lighter red pink color is CMX2.5. This is the Falls Ridge

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property. So in line with all of this, I will now go back to what we proposed.

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So our project originally started as, and I will say, suggest the density and massing. The massing

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has changed but the density has not. This is a project for five stories along Ridge Avenue

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which will actually be shorter in height than the existing Falls Ridge property or either of the two

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new buildings that are already approved across the street and we did that purposely. What you

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can see quite significantly is we have approximately 420 feet of street frontage along Ridge Avenue

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and approximately 220 feet of street frontage along Merrick Road. Now the design that you see

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here, and I'll get to a better rendering of it, leaves open a significant portion of the Ridge

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avenue street frontage and that was done on purpose because what you could do is create a

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large cavernous effect here as the board is aware in the cmx3 zoning district there's no height

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restriction and the only limitation to development is really floor area ratio of 500 percent that

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would allow on approximately the 82 000 square foot property that we have this extremely over

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large property, over 400 apartment units by right. My client didn't think that that was an

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appropriate development for this site. Is that considered the steep slopes requirement?

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And back down from the totality of allowing it. Again, no development of any CMX3 commensurate

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project can be built on this site without disturbing the steep slopes they actually

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that banner that I showed that runs through the project is right about here right through the

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middle and runs all the way down angling towards Ridge Avenue so this project is purposely tried

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to be tiered like plates stacking on each other going back and what you can see here so this is

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the first project design that EFCC and the community saw in January of this year.

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They, at the zoning committee, they made some comments to us, requested us to make some changes.

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We did so, and we came back for a second meeting, which was explained to me was our voting meeting

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by EFCC Zoning Committee President Hillary Zank.

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EFCC Zoning Committee President Hillary and Langer. I'm sorry, I said Zanger, didn't I?

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I apologize, Hillary. Hillary Langer. And so we then went and we had actually a pretty good

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meeting, both good turnouts. I would guess about 30 to 35 people at the second EFCC meeting that

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we had. I understand and I don't want to misrepresent. The vote here, the official vote

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comes from the committee itself, not from the general public. I know a lot of RCOs do it that

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way. But there was a general public vote taken at that time. Not a vote, sort of a temperature of

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the room taken at that time, which was 12 to 8 in favor, as is for support, with another 14

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individuals who were on the Zoom meeting saying that they would support the project if certain

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aesthetic changes were made, but they didn't like this aesthetic change. So what has happened

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since then is, again, multiple meetings. EFCC thought it appropriate to have another meeting

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with more neighbors that they thought might not have attended the first meeting.

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We did that, got generally the same feedback that they wanted aesthetic changes

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and had other density parking and traffic questions here.

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We are doing 185 units with approximately one-to-one parking.

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um we actually only have a parking requirement of 56 parking spaces basically one third of the

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units it's a three to ten parking ratio required uh however we are providing um approximately a

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one-to-one ratio and we're doing that specifically because we recognize that in east falls uh this

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will be more of a commuter neighborhood than say something in south philly where more people may

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be walking or fewer people using cars. We are working with the other new developments on a

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kind of group system to shuttle people to the trains. Mr. Chairman, Mr. Chairman, I have an

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objection. Mr. Whelan has witnesses. We should get to those witnesses. I am not stipulating that he

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can just give this case and then ask his witness, do you agree with everything I said? This is a

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a hotly contested matter and I would like us to rely on the witnesses. I don't mind giving him a

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little bit of leeway, but he's now discussing our processes and all sorts of things. I assume his

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client is on the call and I would suggest that we move into the substance and that this opening

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argument be wrapped up. I'll meet you halfway. I'd suggest to Mr. Willing that if you can summarize

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because we will be hearing a lot of your testimony

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or folks who are testifying in support.

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Of course, and I've certainly been

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trying to go as quickly as possible

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in order to get to the witnesses.

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Let me just see what else I can check off.

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Oh, I do apologize.

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I didn't show.

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We do have the letter.

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Madam Chair, I forget if you stated

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that you saw this letter or not.

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this is the EFF, East Falls Forward letter in support with 86% in favor. And we do have a

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support letter from, granted, not an RCO, but the East Falls CDC that was resoundingly in support.

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And my understanding, just for the chairs, is that both of those entities have representatives

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who will be attending today to state whatever their positions are.

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Mr. Whalen, I believe this is, correct me if I'm wrong,

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Councilman Jones' district?

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Yes, it is, actually.

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Do we have any correspondence from the Councilman's office?

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To my knowledge, there is no correspondence from the Councilman's office.

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Maybe they'll weigh in verbally.

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Okay.

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Yeah, my understanding was they would weigh in verbally if they had a position.

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But that actually was that you bring me, Chairman, to the final point that I wanted to make, which was the councilman, Councilman Jones, actually seeing a bit of a logjam here and had a meeting.

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Again, we're purchasing this property from PHA, and PHA is selling this at an open bid process and selected our bid.

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But the councilman hosted a meeting between...

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But the councilman hosted a meeting between ATAPCO Properties, EFCC, and PHA, at which I thought we really turned a corner and saw some of the movement you saw.

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um this chart is relevant in that this is the indication asked for by pha and the councilman's

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office for us to show as of the end of april all of our communications with the various community

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organizations um just so that you can see the extent to which we were attempting to do this

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um so with that i will uh call my first witness unless uh the board has any questions for me

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any questions from the board at this time no no no no mr chairman uh in that case i would request

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that i can call uh michael brawler from umbra mr chairman would would you rather i give my opening

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now or at the beginning of my presentation i think we're maybe at the beginning of your presentation

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thank you thank you

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mr parlor you can unmute yourself and please wait for the chair

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okay i unmuted myself good morning sir please identify yourself spell your full name and i'll

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swear you in my name is michael brailler last name spelled b as in boy r a h l e r

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We're firm to tell the truth, the whole truth, nothing but the truth.

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Thank you.

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Mr. Whaler?

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Yes, hello, Mr. Braylor.

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You're associated with this project, correct?

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That's correct.

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And you are the project architect, is that correct?

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That's correct.

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Mr. Braylor?

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Yes, that's correct.

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I'm sorry, you're very quiet on my end.

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I'll turn up my volume.

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And just as a preliminary matter, did you hear all of the commentary and testimony that I already provided?

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I did.

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And do you believe it to be true and correct to the best of your knowledge and belief?

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I object to this bootstrapping.

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I do.

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That's normal.

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That's normal.

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I mean, we do that with all witnesses.

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Objection is overruled.

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As long as it's noted for the record.

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Thank you.

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And Mr. Braylor, would you adopt the testimony as your own?

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I do.

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Okay.

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And thank you, Mr. Braylor.

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Now, I'm showing, and I believe hopefully everyone can see a rendering showing Umbra Architects in the bottom left corner.

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Do you see that?

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I do.

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And this is the rendering of the project that you designed, correct?

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Yes, it is.

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And now, as I was stating previously, you can see the first, this is the very first rendering that we presented to EFCC back in January of 2021, correct?

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That's correct.

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Mr. Breller, excuse me, you're breaking up. Do you have any other devices on?

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I do not. I only have...

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Now you're clear.

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We can now hear you.

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That was much better.

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I did have my phone on my laptop, so maybe that was his. I apologize.

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I think the chairs do have magic powers. You guys should start saying some things that you need.

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Maybe if you wish me to, you know, stop talking, you can get that done, too.

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So, Mr. Braylor, could you briefly describe for me the design process and number of revisions that you made to get from this project to this project?

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Again, we'll leave individual details aside for now and ask the board if they have those specific questions, or Mr. Bonney may have those questions for you.

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But just kind of in summary fashion for the board's edification, how we got from what I'm first showing here to what is now before the board.

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Sure.

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If you can make that a brief response as possible, because I think, Mr. Whalen, you covered some of that when you said that the community had issues with the aesthetics, and you guys went back and redid some of it.

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So if you can summarize that, that would be helpful.

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I certainly agree, and Mr. Braylor, if you could, be as brief as possible.

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And, Chairman, I do apologize for obviously belaboring this point, but I think Mr. Bonney made clear that, you know, if he appeals this case, he's going to be as brief as possible.

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But I think Mr. Bonney made clear that, you know, if he appeals this case, he's going to appeal it on that issue of me testifying instead of Mr. Braylor.

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Thank you.

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That's correct. But if we win the case, I won't be appealing.

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Okay. All right.

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Let's move on and you guys will handle the appeals.

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um just in in general i like you mentioned sean mentioned a lot of it and a lot of it's obvious

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from this view compared to the the first view from back in january um but it was really about

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kind of warming up the building and the the site or the building responding more to the site and

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kind of the public realm so everything follows from that the stepping in the massing the warming

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of the building with more uh more masonry materials the balconies adds more of a residential

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