civus
Hearing video

ZBA Hearing - January 11, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jan 11, 20233h 53m

So we were reviewed under the CMX2 guidelines.

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That was approved for 20 townhomes.

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We are now adding in phase two here an additional 16 townhomes.

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Now, because when we consolidate all of these properties together, phase two, which is all RSA 5, equates to 39% of the square footage of the total property.

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phase one is 61% rather of the total property. So we generate a number of refusals because now

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the same project that was already appropriate and approved for phase one is now re-reviewed

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under the RSA 5 standards instead of the CMX 2 standards. Again, just to quickly go through some

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site photos. That's the old Vesper Club. You can see some industrial uses over here. Apartments

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over retail on the left. Again, you can just, I'll just kind of scroll through these quickly

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because I know the board has already seen it and I don't want to belabor any points,

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but you can see the large apartment buildings behind us. And as we scroll through, not only

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is the piazza there but you'll also see a lot of these are the homes that we went door to door

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on pollard and we did the same thing along allen so again you can see this is the piazza neighborhood

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over here all this new development going on around us on may 13th this board approved

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virtually the same project of townhomes and underground parking.

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Now we're proceeding, as we told you we would, with Phase 2. So again, this is just kind of showing you the difference between the RSA 5 and CMX 2 and why we got those refusals.

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Now we're proceeding, as we told you we would, with phase two.

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So here's the outline in the lighter area. You can see the row homes that we had sketched out with the internal walkway. In the darker areas, you see the continuation of those homes, rows of homes, and a continuation of those internal walkways.

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So the interior kind of walkable garden space that's accessible and ADA accessible as well to the public is just continued down each of the paths.

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And as are, you'll see underneath the drive aisles.

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So this kind of gives you a context.

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Again, the darker orange here is the new townhomes we're proposing.

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you can see the church sits by itself with its rectory building and its parking lot untouched

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again that is there were some questions when we went before cdr that is not a phase three or a

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continuation of any kind the approved already approved project of townhomes is the lighter

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orange here and then you can see the kind of opaque offerings here are approved but as of yet

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unconstructed larger apartment buildings going in in this area. As I said, this project went in

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front of CDR also, so we worked closely with the Planning Commission. Again, working with the

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Planning Commission began in the beginning of 2022, starting with phase one. We knew that phase

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two would be coming. It just couldn't be brought for various reasons at the same time as phase one

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because of different ownerships and closing dates.

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And so therefore we worked closely in multiple meetings

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with the planning commission

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and received their approval of phase one.

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Again, this shows, this is the underneath drive aisle.

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So you can see two car garage parking for each house.

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One of the homes has only one,

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couple of extra spaces for visitors.

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And you can see that the single drive aisle here

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down to the subgrade parking area. Hey Sean just so I have my berry set where does this stand with

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with the piazza where's the piazza at? Let me see if I can show you so the piazza is right over here

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I got it Sean all right literally across the street yeah so we're literally across the street

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kind of catty corner from i got it i got it okay thank you um again just a showing of the continuation

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of the row homes and uh going into the refusals that we had um again i'm happy to walk through

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the refusals if you want these are continuations essentially of phase one but now that we're being

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re-reviewed in RSA 5. For instance, multiple principal uses, no more than one principal use

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is permitted in RSA 5. It was permitted in CMX 2. So if the board has any questions, I'm happy to

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walk through all of those. But I know we've already addressed all of the issues in front of

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the board back in May that may come up. And we do have full support from the councilman and LNA.

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and we've had prior support from the planning commission and those individual neighbors.

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One last piece that came up with the community was asking for a trash plan

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and this is just something an exhibit that was provided to NLNA and I told them that I would

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show it as a as an exhibit to this board that we do have a plan for the trash to be collected

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only down and through the dry uh the underground dry vial and not brought um

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not having everybody dump their trash at the frontage um so again i'm happy to

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yeah have your owners rep with you you can adopt your testimony yes of course excuse me mr chair

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this is hillary i just had one clarifying question on the refusal for mr wayland um of course it

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that it notes that there are now a total of six buildings with both phases one and two but phase

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one approved three buildings and then this phase two has four buildings is one of the buildings

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in phase two attaching to one of the buildings in phase one to have six buildings that they're

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referencing their refusal yes it is so so what you what you see here is this is the street frontage

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I think this is the most obvious view.

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We're attaching, this is where the drive aisle is or the drive, the driveway and curb cut.

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We're attaching, this is where the drive aisle is

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or the driveway and curb cut.

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We're attaching there along West Allen.

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Okay.

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And so we have one long set of buildings here or row homes here, one along Germantown, one along Pollard.

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And then we have the three separate interior ones.

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So you are correct.

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We can join two of them.

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Okay.

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All right. No, thank you. I thought it was joined at the drive aisle, but I wasn't, I wasn't fully sure. So thank you for clarifying.

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Of course.

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If, if there are no other questions, I'll have the project architect and my client adopt my testimony.

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Sure.

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Certainly.

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Jose Hernandez should be on.

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He's been allowed to speak, sir.

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Hi, could you state your name, please, and spell for the court reporter?

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Jose Hernandez, J-O-S-E-H-E-R-N-A-N-D-E-Z.

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

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I do.

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Proceed, counsel.

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All right.

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Mr. Hernandez, you're the project architect for phases one and two of this project, correct?

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Correct.

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And have you heard all of the testimony that I presented already today?

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I have.

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All right.

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Thank you.

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And do you believe it to be true and correct to the best of your knowledge, information,

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and belief?

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It is.

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all right and would you adopt it as your own i would thank you very much uh chairman if you have

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if the board has any questions for mr hernandez i would offer from now questions from the board

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no mr chairman we're we're fine sean all right then finally mr bergman i would call

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ori feybush as the representative of the owner sure

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Mr. Finebush, could you state your name, please, and spell for the court reporter?

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Hold on, sir. I'm trying to find him.

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Okay.

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I don't see Ori Finebush, but Rebecca Schaefer has her hand raised.

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See if he's on her line.

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No, I know that...

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Forgive me, that is correct.

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But yeah, forgive me for that.

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I'm sitting at a colleague's computer.

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Okay.

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All right.

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Could you state your name and spell it, please, for the court reporter?

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Of course.

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Horry Fybush, E.I.B.U.S.H.

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

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I do.

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Proceed, counsel.

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Thank you very much.

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Mr. Fybush, you're here on behalf of the owner and developer of the project of Phase 1s and 2.

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Yes, that's correct.

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Thank you. And have you heard all of the testimony that's already been presented today?

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I have.

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Thank you. And would you agree with me that it's true and correct to the best of your knowledge, information, and belief?

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It is.

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Thank you. And would you also adopt that testimony as your own?

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Yes, I would.

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Thank you very much. And Mr. Chairman, I would offer...

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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questions or comments questions or comments from the virtual audience

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i do not see any further answer mr chair planning commission this is ron bednar city planning

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property is indicated for commercial mixed use on the city plan the applicant's hardship is not

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supported with evidence of unique physical circumstances that would prevent it from being

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used conforming with the code the proposal does not represent minimum variance therefore we

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recommended request advance not be granted. Thank you. Mr. Whalen, you want to respond?

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Yes, I certainly would like to. Thank you. So we addressed in phase one, and actually I

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ironically have it up here, NLNA and the Planning Commission both wanted some commercial space,

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but they recognized that a large CMX2 appropriate development here would not be appropriate or

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contextual. And so what you see here at this corner, this is the corner of Germantown and

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Pollard. Immediately, this is the catty corner angle to the piazza. This lower level, this first

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floor, was significantly redesigned at the behest of an LNA and in working with the Planning

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Commission in order to turn this into a commercial space to have a true public aspect here with a

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commercial walk-up facility at this location. That satisfied NLNA and the Planning Commission

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during phase one's approval that they wanted the commercial space. The project as you see it today,

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phase two is actually entirely on RSA five.

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is actually entirely on RSA-5 property, and so would be appropriate for RSA-5 single-family

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development without any commercial space being contextual. And the consolidation of

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all of that RSA 5 into this CMX 2 atmosphere actually makes the RSA 5 controlling zoning.

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And we believe that the project as presented, again, both fully supported by NLNA, the community,

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the immediate neighbors, and the councilman would be the best use of this property with a full

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first floor commercial space and lots of apartments going up, just like all of the other

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large apartment scales around us, we're not desired by the neighborhood, and we don't think

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appropriate to kind of buffer the scale that's being developed with those close individual homes.

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Okay. Ron, thanks for your input, and Sean, thanks for your response.

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MI 2022-004-921-1031, Germantown Avenue.

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I vote yes.

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Thomas Hollowan, my vote is no.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, Sean.

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All right.

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Thank you very much, board members.

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I hope you have a wonderful day.

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Okay.

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Number nine.

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MI 2022 005865 113 West Cheston Hill Avenue. Justin Crick is the attorney.

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We have RCO letter yet? Hillary? No, Mr. Chair, we have not received an RCO letter.

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Thank you.

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Well, we do have an applicant provided six foreign letters of support,

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non-opposition signed by neighbors.

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Good afternoon, members of the board.

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Hi.

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Counsel, could you state your name, please, and spell for the court report?

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Yes.

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Justin Crick, K-R-I-K.

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First name J-U-S-T-I-N.

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Address is 1500 JFK Boulevard, Suite 630-19102.

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Right.

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

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Yes.

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Could you identify your client in the relationship to the property?

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Yes, I'm here on behalf of Dan and Katrina Spillane.

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They are the record owners of the property.

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Okay.

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And Mr. Heilman has just a few questions for you.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I do.

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did you email all of the exhibits and documents as required five days in advance to this hearing

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yes thank you please proceed and share your screen all right thank you

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members of the board we're here today on an application for the property at 113

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west chestnut hill avenue the applicants dan and katrina spillane are the homeowners

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and they are seeking to erect a private residence garage at the rear of the existing part of their property next to their primary residence house.

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The private residence garage will contain three off-street parking spaces, and I'll go over the plans momentarily.

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The original proposal for this came with a refusal simply for height variance.

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The allowed height of the private residence garage is 15 feet.

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The proposed height originally was 20 feet, two and three quarter inches.

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After what I will describe in more detail later, after some discussion with neighborhoods and near neighbors,

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the proviso plans have been submitted with the appropriate form seeking to increase the side yard from three feet to 10 feet setback,

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which was unrelated to and did not change any refusals, but it was an accommodation, and I'll explain further as you see plans.

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However, we did increase the proposed height as well by two additional feet.

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