civus
Hearing video

ZBA Hearing - December 9, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 9, 20206h 34m

the november 4th hearing we submitted all of our exhibits there were four packets so you should

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have all four packets from the november 4th hearing thank you mr bonnie do you want to put

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your name and address on the record yes uh good afternoon my name is paul bonnie uh my office

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address is 325 Chestnut Street, Suite 1109, 19106. I'm here representing the RCO and also the next

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door neighbor, Yvette Young. Okay, and do you swear or affirm to tell the whole truth and nothing but

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the truth? I do. So do you also agree to wave and stip? Yes. And have you also emailed the exhibit

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packet with proof of ownership, tax compliance, refusal, referral, photos, plans, five days in

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advance of this hearing and have you met with the rco and do you have a letter well you're well you

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are yeah just to clarify we're the we're the public and according to he's not the applicant

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right right so representing okay right okay we do have exhibits and witnesses but um pursuant to

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the board rules we're not legally required to understand understood thank you thank you

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you may proceed someone may proceed okay i think um where we were is we we have a pretty extensive

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record already um including um a statement of support from the count from councilwoman parker's

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office and also a statement of support from the planning commission uh at the last hearing i had

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almost gotten through my witnesses and we ran into a time crunch i have one additional witness

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that I like to put on. It's our engineer. So at this point, I'd like to call Sarah Poindexter,

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if you could raise your hand, Sarah. And Chair, if I could just point that the notice that went

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to the attorneys was that this would be limited to 45 minutes to an hour because we have another

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special listed. Thank you. Thank you. Yeah, this this will be very short. And then Mr. Boney can

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put his uh his uh opposition on here is available okay she just had to unmute herself uh it says

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sarah been activated are you able to hear me yes that you sir yes ma'am please identify yourself

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with the record uh spell your last first and last name this is sarah poindexter s-a-r-a-p-o-i-n-d-e-x-t-e-r

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

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I do, yes.

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And your interest in this application?

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I'm the engineer of record and was the one who prepared the zoning site plan.

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I'm the engineer of record and was the one who prepared the zoning site.

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Thank you.

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Please proceed.

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Okay, I'm trying to, okay, this is, can everyone, I guess I'm not sure I've shared that yet.

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Can everyone see the screen?

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Nothing yet.

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every time you do this you think you have it figured out and then the next time you

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go to do it it doesn't quite work all right how about now no

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now yes got it now yes okay this is our this is our um the view of our project

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just to refresh your recollection.

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And then I want to get to the site plan.

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Does everyone see the site plan?

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Yes.

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And then this is our zoning plan.

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This is the one I really wanted to get to.

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Okay, so Sarah, have you, did you,

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did your office prepare this site plan?

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Sarah?

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We'll stipulate that.

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Sorry.

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I was muted.

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Excuse me, what was the question Bill? Did your office prepare this site plan?

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Yes. Okay, and who are you employed by?

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Employed by Rodriguez Consulting, Survey and Civil Engineer. Okay, could you just give the

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board a brief synopsis of your background as an engineer? I would stipulate she's an expert

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engineer thank you we'll stipulate thank you okay at the uh november 4th hearing um did you hear

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testimony by mr horner our traffic engineer i did and do you uh do you support or do you agree with

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his uh testimony on the uh the parking and the traffic issues i do um i i was also wanting just

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to point out in addition to david's testimony um you know there's kind of a counterintuitive

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engineering principle that i think applies um to this project where you know off street parking

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lots um sometimes people don't realize actually promote traffic um and and vehicles in neighborhoods

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so um i i think you know it's been said a few times throughout these testimonies but

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this senior housing development really is um meant to attract and you know how it's been explained

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and i think how it's represented in the design it's been um designed to attract seniors who

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who want to live in a community that doesn't require a private vehicle um that's you know

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why a shuttle has been is going to be provided by the management service so um it's it's my opinion

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that you know yes i agree with david's testimony but i also feel like that you know this development

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is meant to attract those who are looking to not have a private vehicle.

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So do you believe that the on-site parking that we're providing is adequate for this property?

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Yes, especially with the expanded parking, which is meant for the employees and visitors.

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What I also think is a great addition of this expanded parking is that it allows for ADA

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compliant loading and trash pickup. And do you have an opinion as to whether

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this proposed development including the parking in the driveway

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configuration would have a negative impact on the neighborhood from an engineering perspective?

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I do not believe it will have a negative impact. That's all I have for Ms. Poindexter.

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I have some questions. Thank you Mr. Kerr. Could you keep just leave this drawing up on the screen?

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I'll leave it there.

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But could you zoom in a little bit on the drawing?

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This is where I get challenged.

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Well, it's...

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Because I'm not seeing the zoom, the zooming it, the zooming...

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Maybe the plus at the middle top, but I don't know.

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Yeah, I'm not seeing... maybe I'll try that.

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No, that's not working.

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Okay, if you can just then push it down so we can see the top of the page.

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Yeah, I'm not seeing any function that would allow me to zoom in.

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That's it.

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Is that okay?

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A little more, a little more.

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How's that?

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Thank you.

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Thank you very much.

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Good afternoon, Ms. Poindexter.

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Your drawing has at the top towards the left has a label about Oak Lane Avenue and it says that on this.

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label about Oak Lane Avenue and it says that on this block Oak Lane Avenue has a width of 60 feet

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but then it says quote on city plan so I'm guessing that that means that on paper in the

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city offices it says 60 feet but you would you agree with me that in real life it's not 60 feet

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wide it is 60 feet wide um the difference between the um you know the city plan and the actual um

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is that there's not a 13 foot sidewalk 34 foot pavement 13 foot sidewalk um designation it was

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not built to city plan but the actual right-of-way width is 60 feet

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Well, I don't want to embarrass you, but I mean, it's clear that you have not measured

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it. Is that correct? That you didn't go out there with a tape measure? I mean, I'm just

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going to, let me cut to the chase because this is just a factual matter. My client and

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I went up to the-

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We actually, we are as a surveyor. Yeah. So we did measure. And on the north side of

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oak lane the right-of-way from a visual standpoint it looks like it's private property but the right

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of way actually goes through the front yards of the the properties on the north side of oak lane

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right so on okay i don't know why we're having this problem so on the city plan the right-of-way

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goes through somebody's front lawn but in real life a car has only a much much narrower width

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from concrete curb to concrete curb.

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So it sounds like you're asking for the width of the pavement, not the right-of-way.

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Thank you.

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Is that correct?

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Yeah, the right-of-way is the legal city limit property.

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Okay, well, I didn't understand your terminology in your profession, and I apologize for that.

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So the width of the street that the car can drive on before it hits a curb is much less than 60.

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Is that correct?

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Correct.

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It was supposed to be 34 feet, and it is less than 34 feet.

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Okay.

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Would it surprise you if it was 22 feet 6 inches?

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No, it would not surprise me if it was 22 feet 6 inches.

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OK, because as you'll hear in a few minutes, my client and I went out with a tape measure this weekend and it was 22 feet, six inches.

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I want to direct your attention to the parking that you have indicated in the middle of the drawing.

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And so cars would enter first on 11th Street.

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Isn't that correct?

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this this driveway here on 11th street right where the pointer is

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do you do you know how wide do you know how wide that driveway is

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i'm going to open up the drawing on my side since i can't see it on the screen um just give me a

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moment if you have the answer you can let me know but give me a second to open up the drawing okay

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Well, I estimated it with my yardstick to be nine feet, 10 inches.

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Okay.

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Okay.

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So that doesn't sound crazy to you.

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I'm not saying that that doesn't sound incorrect.

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You have no reason to argue with that at this point.

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I don't.

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Okay.

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And then so cars would, I mean, we can get into that later if we will.

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I understand you're taking my word for it.

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But so cars go in there at 11th Street, and then they turn, and then there's some spaces on the left and some spaces on the right.

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And then they exit up at Oak Lane, this 22-foot, 6-inch street that we talked about.

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Is that correct?

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That's correct.

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Okay.

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And Oak Lane goes two ways, right?

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it's a it's a two-way street is that correct that's correct okay and you have what's called here a

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passenger turning study vehicle on the right and actually it's tough to see but

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right there in the middle of the driveway that's exiting on oak lane you have a

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turning, some turning lines. And as you can see, isn't it correct that for a car exiting

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on Oak Lane and turning right, that the two lines that are drawn on this page actually

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cross over into opposing traffic in order to make that right-hand turn?

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Would you agree with me that that's what this drawing indicates?

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would you agree with me that that's what this drawing indicates

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So it does show that from this auto turn that you do to, let's see, it does show some lines

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kind of going out into the opposing traffic, yes.

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Thank you very much.

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And you would agree with me that the predominant driver in this scenario are elderly people.

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Is that correct?

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No, actually, these are for employees and visitors.

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Okay.

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Would you agree with me that there are some ambulances and emergency vehicles that are larger than 19 feet in length?

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yeah i think i would add though that this is a conceptual plan let me just add that this is a

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conceptual has not gone through it this is not a technical um you know plan to be constructed from

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we can certainly widen the proposed curb cut or flares in order to have you know an easier

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turning movement that's that's not a problem at all let me interrupt if I may or is that to

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suggest that we've not you've not yet gone through the streets uh department uh review

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as it relates this has been approved by streets department yes this has been approved so um if

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but I'm just saying that there's you know uh concerns and also this is done by you know a

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computerized program. It just basically shows that the movement can happen. It's not a perfect

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program, but we use it. Go ahead. When you said conceptual, that kind of threw me off. That's why

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I asked. Okay. Well, the zoning plan is conceptual. We will have to go through a subsequent streets

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department review, their checklist number two review, that shows a lot more detail than this.

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Would you also agree with me, Ms. Poindexter, that large ambulances and emergency vehicles have a wider turning radius than your typical passenger car?

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I would. And again, you know, those types of details will be reviewed in detail with the building permit review.

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if any adjustments are needed in order to make those turning movements work we certainly will

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be working with all those departments right now this is a concept to get us through a zoning

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approval well we'll see about that I have no further questions thank you great

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just some a few redirect questions I'll redirect Ms. Poindexter again is it your testimony that

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THIS CONFIGURATION, AGAIN, THE DRIVEWAY OFF OF 11th STREET INTO THE SHARED PARKING FOR 1100 AND

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1122 IS APPROPRIATE FROM AN ENGINEERING STANDPOINT? YES, I DO. AND IT HAS BEEN APPROVED BY THE STREETS

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DEPARTMENT IN THEIR INITIAL REVIEW, CORRECT? THAT'S CORRECT. AND THEN AS FAR AS THE RIGHT-OF-WAY,

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Can you see the cursor that I'm moving on?

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Yes, I can.

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Is this heavy line here along, I guess, the south side of Oak Lane, is that the right-of-way, the legal right-of-way?

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The red line, the property line, that's the southern right-of-way line.

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and then the dark black line right underneath the oak lane avenue that's the northern right-of-way line

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okay so here we have the southern right-of-way line correct that's correct and then we have

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the sidewalk line which is out here i believe that's where your curb line is correct okay

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that's the curb line and then across the street on the north um the curb line is much closer

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correct correct correct and that was what was um identified that the paving width is less than 34

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feet it's right and then the ultimate right of way line is this other uh dark line up here to

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the north correct that's correct so the city at some point theoretically could decide that they

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were going to expand this right of way and go to the ultimate right of way line correct

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if that was needed correct that's correct that's correct okay uh that's all that i have

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okay uh i thank you very much um i'm ready to put on my case

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um and i'm also going to so i have five witnesses they're all i think very well rehearsed

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um and we really want to move through them quickly i am going to email my exhibits

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right now they're on their way over to um ms sunkett

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Right now, they're on their way over to Ms. Sunkett and Mr. Kerr and Ms. Suleta.

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These are my main exhibits.

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And I'm going to share my screen.

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Well, in a moment, I will share my screen.

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First, I want to say that we're going to focus our attention on a few things.

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