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Hearing video

ZBA Hearing - September 23, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 23, 20205h 18m

panelists you can unmute your mic and wait to be sworn in

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michael are you there yes hi everyone my name is michael gaskins

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sir are you an attorney no okay go ahead name and address for the

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record michael gaskins 2813 wharton street

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

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okay this is an application for a permit for a proposed use of a daycare center

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on the first floor and a single family household living on second floor

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in an existing attached structure you may proceed hello everyone um right now uh we

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filed application with the city to make a daycare on the first floor we went

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through the RCO we have community support we think that this will help out

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the neighborhood because a lot of vacant properties were there so we're gonna

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bring new business into the neighborhood the community spoke to the neighbors on

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the block and surrounding areas we had no objections from any of the neighbors

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around Wharton Street, Newkirk Street, 28th Street, 29th Street. We had no opposition

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whatsoever. So we think that this will help the neighborhood. Sir, did you attend an RCO meeting?

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Yes, we did. We have support from the RCO. We submitted all our documents in five days prior

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to this meeting. Thank you. Any questions from the board?

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no no anyone else wish to testify in this case please raise your hand

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no hands chair thank you planning commission mr chairman and members of the board this property

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david could you please announce your agency and name oh sorry uh good afternoon david effecto

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City Planning Commission, Mr. Chairman, and members of the board. This property is indicated for

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single-family use on the city's comprehensive plan. We do not believe the addition of a daycare

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will have a negative impact on the area. Accordingly, we have no objection to granting

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this variance. Thank you. Mr. Gaskins, I see you have a photograph poster. Is that you going up

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of that three-pointer in the red? All right, just curious. Calendar number MI-2020-000243-2813

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Wharton Street, my vote is yes. My vote is yes. My vote is yes. My vote is yes. My vote

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is yes

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good luck calendar number mi-2020

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000240 1740 wolf street number two

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Mr. Sabatini?

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We don't have anyone's hands up for this.

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All right, let's hold off until the end. Maybe they're having technical issues.

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We do have, I'm sorry, someone's hand just cocked up.

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Bernie Verrello, are you here for this case?

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Yes.

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Yes, can you hear us?

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Are you the applicant?

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Donald Sabatini, I'm here, the attorney for the applicant, which is an LLC.

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And one of the principals, Bernardino Verrello, is also here.

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Wonderful.

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You can continue, Chair.

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Thank you.

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Carol?

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have you emailed or have you been sworn in we have not okay name and address for the record

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uh donald s sabatini d-o-n-a-l-d s last name s-a-b-a-t-i-n-i 7710 orpheus place

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stiladelphia pennsylvania 19153 thank you do you swear or affirm to tell the whole truth and

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

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nothing but the truth.

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I do.

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Bernardino Varello, 2307 South 18th Street, Philadelphia, PA, 19145.

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And do you also swear to tell the whole truth and nothing but the truth?

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Yes, I do.

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Have you emailed in the exhibit packets with proof of ownership, tax compliance, refusal,

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referral photos plans of the property five days in advance of this hearing and have you met with

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the rco and if so do you have a letter uh they were brought in uh with the exception of the plans

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which we have here the principal did meet with the rco and they have a letter of no opposition

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from gear that was sent to them it was sent in excuse me this is sharon solita i have no record

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of receiving the exhibit packet.

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Was it emailed to me five days

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in advance of this hearing?

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It was received January 3rd.

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No, it was brought in in person in January.

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No, I'm sorry.

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You were required to email it in

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in advance of the hearing.

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We don't have access to the records

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that were submitted to the office.

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Okay, in that case,

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we would ask for a continuance.

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calendar number 2020 mi 2020 000 240 1740 wolf street number two this case will be continued

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thank you

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calendar number mi 2020-001093 1520 spruce street

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The attorney is Ron Patterson.

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Ron, can you hear me?

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Yes, I can.

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Name and address for the record, please.

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Good afternoon again.

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Ronald Patterson, 1835 Market Street, Philadelphia PA 19103.

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

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I do.

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Do you also agree to waive and stip?

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Yes, I do.

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Have you emailed an exhibit packet with the required documents,

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which are proof of ownership, tax compliance, refusal referral, photos,

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and or plans of the property five days in advance of this hearing.

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Also, have you met with the RCO, and if so, do you have a letter?

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Yes, to all of the above.

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Okay, we may proceed.

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Thank you.

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So this application, as you mentioned, regards 1530 Spruce Street.

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It's actually the terrain building.

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Can you see my screen?

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Yes, I can.

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With that round camera circulated again.

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And a fancy electronic pen that's hard to write.

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Right.

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So this is the terrain.

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I guess we all know what that is.

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Here's a view looking up at the sky.

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The terrain was built in around 1910.

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It has 15 floors.

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There's a residential lobby on the first floor.

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Bravo Brothers Cafe over here to the right.

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And through floors 1 through 13, there were 133 residential dwelling units.

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On floor 14 and 15 was a penthouse that was built in the early 1980s and last occupied 10 years ago.

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So I'll show you some pictures of it in a minute.

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This is the penthouse we're speaking about. Although it may look nice, it's uninhabitable

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and in disrepair. It was structurally built inappropriately. It actually was constructed

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sitting on the roof with no bracing on any structural beams or support walls, not tied

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into the walls or beams as I mentioned so the application is to demolish this

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structure and create a new one and you'll see here are these little trusses

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here actually do go on support walls and beams of the building. It's located to

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the rear of the building running on Delancey Street. Of course it will be

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built better and safer for the reasons that I mentioned. The district they're

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for the reasons that I mentioned. The district they're in is an RMX3 zoning district. It's a

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in as an RMX3 zone.

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residential commercial zoning district. It's an FAR floor area ratio district of 500%. I mentioned

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the building was built back in the 1910s because at the time it was built or predated the zoning

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code. Recently, the district was remapped to RMX3, which requires 500% FAR, and RMX3

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existing, the way it was built, is 924% FAR. So it's a pre-existing but legally non-conforming

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structure. Thus, any new one square foot of floor area would raise the FAR, even minusculely,

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and would require variance, which is why we're here. This replacement penthouse would increase

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the FAR from 924 to 930. We believe the variance is justified in this case because the recent

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rezoning created a hardship and that it doesn't encompass or reflect the existing conditions yet

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as you'll see the replacement addition uh creates otherwise no adverse impacts because it can't be

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seen from new carlos we did meet with center city residents association virtually ccra on april 24

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2020. with that if you could uh giuliano if you could raise your hand so we could have you sworn

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as well as Carl Embarger, please.

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I'm here.

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Okay, Juliano?

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Yep.

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Could you please tell the board your name and address, please?

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Juliano Pinotaro, 1520 Spruce Street, Philadelphia, Pennsylvania, 19102, Suite 101.

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G-I-U-L-I-A-N-O. Last name is P as in Paul, I-G-N-A-T as in Tom, A-R-O.

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Thank you.

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And Juliano, what is your connection with the building?

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I am the vice president of Terrain LP, which is the owner of the property.

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And you've heard my testimony and presentation.

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Would you agree that it's true and accurate and you would adopt it as your own?

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I would. I do.

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Carl, are you there?

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I am here.

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Okay.

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Could you tell the board your name and address, please?

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My name is Carl Enberger.

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The address is 1616 Walnut Street, Suite 101, Philadelphia, PA, 1903.

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Would you please spell your last name, Carl?

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First and last name.

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Yes.

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Yes, it is E as in Edward, M as in Mary, B-E-R-G-E-R.

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First name is K or C?

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It is a C.

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Thank you.

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Please proceed.

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Hi, Carl.

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What is your occupation?

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I'm a registered architect in the state of Pennsylvania.

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I've got to interrupt.

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I don't think I swore you in, did I?

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Oh, sorry.

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I swear a firm to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Thank you. Please proceed.

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And with what firm do you work?

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I'm employed by Koshin News Architecture.

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And you're familiar with and, in fact, helped design this edition that we're testifying about?

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That is true.

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So I'm just going to take you through our slides here.

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and uh so the slide i'm showing now is the existing condition is that accurate that is

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correct and could you describe the existing condition of that penthouse briefly um as you

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had noted earlier the uh existing penthouse is in disrepair um it does have several it was um

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kind of constructed over many different years the latest part that is the most

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visible was in the early 80s also as you noted it does not come down properly on

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the the primary building structure so there's some tenuous connections there

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that we would obviously like to make make safer in addition to that I will

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just say that the um it is a the the penthouse is not in character with the um the the uh building

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below um it is a little bit out of place um to say the least for philadelphia in general

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um so we would like to make this also a um a a better place for um for um a residence

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a better place for for a residence. And Carl, what I'm showing you now is are

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the proposed renderings? That is correct, yes. What I'm depicting here are actually

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load-supporting beams. Yes, those columns tie down into existing columns

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in the building below. And you did mention about fitting into character and

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context this building was uh historically certified that is correct and we made the

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application to the philadelphia historical commission and they approved this design is that

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correct that is correct they approved the design um unanimously uh juliano or carl anything else

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you would uh like to add uh before we conclude the case no thank you for your time no and i'm

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showing here is our exhibit 13 which is the ccra uh letter of non of non-opposition

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thank you sure questions from the board carol looks like you're trying to talk but you're muted

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No.

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The dog was talking.

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I thought you were interested in moving again.

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No, I just moved out of that place.

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I know you moved up.

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All right.

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Anyone else?

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I have a question.

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Is that one penthouse?

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Because I know there are several penthouses in there.

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Is that one or two?

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Juliana, you can answer if you don't mind.

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