civus
Hearing video

ZBA Hearing - November 29, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Nov 29, 20235h 16m

Green button on the bottom.

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I don't have a button on the bottom.

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What kind of computer do you have?

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Thinkpad. But it should give me the option to share somewhere, shouldn't it?

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Board Chair, I think if, based on Ms. Stefkovic's testimony, the photos are going to show that

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posting was not on that rear door on this Monday, November 27th, and not this month, this Tuesday

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in the AM on November 28th. I would stipulate to that and actually Mr. Rosenblum provided me

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directly via email a copy of what I believe the photo is that Ms. Tufkovich will show.

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Okay, fine. Thank you.

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Okay, thanks.

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Okay.

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So as to the merits of this case, then I'm going to ask my client, Martin Rosenblum, a few questions to address the board.

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Okay.

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So first, can you confirm that you're the managing partner of 1809 Pine Street Association?

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Yes, I am.

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And that owns 1809 Pine Street?

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I do.

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And your property is immediately adjacent to?

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It is.

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Okay. And based on your knowledge, what was the actual use of the property, 1807, for the past few years?

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Well, it was an absolutely luxurious three-family residence. She ran a business out of it. I suggest if anyone is interested in what it looked like, it's on Zillow, because it was just sold.

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and it was in norma took very good care of the interior of the property it is absolutely stunning

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and it three units to eight units is quite a jump uh i would like to add that although there

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is full lot coverage on the ground floor there is not full lot coverage above the ground floor

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It is well set back. And every other building on the block has some gap. Even the building directly behind Mr. Singer, which is built all the way across, is only at the ground floor, which he has.

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everyone is set back for the remainder of their addition from the lot line okay other than himself

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the rear of my property of the original l of the building which is how these buildings were built

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in the 19th century identically matches the l of his building and i might add is perfectly

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serviceable as rental units i have a hundred percent occupancy so uh i don't i i don't

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understand why it will be the first block building on the block that goes property line to property

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line on the rear and i will add that it was said at the meeting the other night that is identical

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to 1805, which

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by the way is a single family

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house, but it is

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But it is not identical to 1805 because 1805's rear addition does not go the full width of the property.

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not identical to 1805

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because 1805's real

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It stops short of the full width of the property.

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So this is on the south side of the alley will be the only building that goes full width.

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Everyone else stops short.

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and most of the buildings that have been built out on the block retain their l which means they

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have a full light court and only close in at the very rear okay in fact they are proposing to

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cut in to what is an existing light area cutting off air and light from units in my apartment

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building so they are radically expanding they are taking down an l which suffices for every other

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one of the 20 or 30 buildings and they have made no accommodation to me i had asked for continuance

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with the hope we could discuss this um it didn't happen i'm local i was never shown a plan

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i was never shown any respect for that matter and i might add sir let's sir let me ask you

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question did you go to the meeting last did you go to the meeting last night i certainly did and

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i will say that you raise all these issues at that meeting i yes i did and i will also

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residents association still i drop the opposition away i'm sorry i told them the occupancy of every

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building on the east end of the block okay okay and it is a three family a five family a single

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unit a seven family and the building after me is a three family they totally go back to my question

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you told all them this last night i did and they still took their opposition away they

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they they he told them at the meeting last night who's he uh the lawyer sean okay said that the

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fourth floor was removed to accommodate 1805 pine street a single family house because it was

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on their deck. Sean has said now at this meeting that it was removed at my behest when I never

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saw the drawings. Nothing was removed to accommodate me because I didn't even know

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that anything was going on. Okay, so I would like to start to state for the record that I would

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expect that what was said at eight at the meeting to ccra is consistent what is said today and it

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is not no accommodation was made to me sean whalen said the accommodation was made to accommodate

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1805 pine street which is a single family house okay thank you

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counsel do you have anything more from your client um yes so in your opinion is there any

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hardship here there's tremendous hardship and there's no i'm sorry for me no for the owner

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for the owner there's no hardship it was a totally occupied and performing building with

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three units in it there are other three unit buildings on the block there is no hardship

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okay thank you and are you concerned about negative impacts this development would have

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on your property or the other neighboring properties tremendous um i'm not going to

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dispute what was said at the meeting last night because that hasn't been entered into the record

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here but as i said no l on any building on this block has ever been taken down in its entirety

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they have only been added to demolition and i know they explained the meeting but demolition

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i am an architect and i am a restoration architect i've lived up the block for 40 years

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you cannot they are taking this building down under through a six foot wide alleyway

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that we are all all used for access to our parking and they have said this isn't going to be a

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problem when we have plumbers working on the street it's a problem and everyone is honking

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their horn and by the way i have two rented parking spaces behind my building i don't know

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I have two rented parking spaces behind my building.

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I don't know how they will exist or how they will get in and out.

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I'll see you next time.

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So it is going to inconvenience my tenants tremendously if they even stay.

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There is a lot, as I said, in the same footprint that he has.

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I have seven totally successful units.

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There is no reason to demolish.

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There is no reason to build up. And as far as the ADA, there are steps in front of the building

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into a vestibule and then you go up. I have partial information. There's a narrow on the back

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and the floor levels between the front and rear portion of the building differ by almost five

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feet. So I'm trying to figure out how an elevator operates to a second floor where half the second

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floor is five feet higher than the other. There are too many questions here. I have never seen

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a section through their building, which I would like to see. They are putting a deck, which no

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one's said much about, on their roof, which is going to overlook the neighbor next door who they

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so graciously um uh accommodated with no accommodation to me but there's a roof deck

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up there i own several properties in the neighborhood access to the roof particularly

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open access by more than one tenant is hideous they go out they walk across the roofs you get

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beer cans i have a building on the 1800 block of spruce i have a building on locust i can tell you

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about communal decks so we're not going to try it with what we want to do is try to concentrate on

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this building here and not multiple buildings around the city so okay on this building he's

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putting the deck i'm sorry that's okay all right any more questions council might i add one other

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fact sir um you can add a fact i mean tell your council okay um we just have uh one other comment

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are you concerned about the trash that could result from eight units and that'd be kept

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and we'll go out yeah we haven't seen plans with where the the dumpster is going to go for this

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increased um density on this property all right all right thank you um and so based on my client's

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testimony and it is clear there's no legal hardship here the applicant is asking for more than they

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would need and this would have an adverse impact on the neighborhood mr whale cross-examine uh i

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have a closing argument but no no questions for mr rosenberg okay why don't why don't you perceive

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your closing argument thank you very much um and not to belabor any points i'll try to move quickly

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because i know we are the last on the list um no we have another whole group of people but that's

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Coming in, we're already past that next list, so I apologize. I'll be as fast as possible.

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You heard that we are seeking eight units with a minimal rear addition. Those eight units will

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have wholly internal trash. That was covered at the CCRA hearing and was a big issue for them

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at the time. Wade Albert, who represents CCRA, told me yesterday he would be on this hearing

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so I don't know if he is or not. I can't see the participants, but I'll let him discuss CCRA's

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position. Again, CCRA voted to oppose this project in September. They did so for one reason,

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because of the height of the fourth story in the rear. To be very clear, their request for us to

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reduce that rear addition from four stories to three stories was solely for the benefit of 1809

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Pine Street, Mr. Rosenblum's property. The reason why they did that and why they took that position

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was because Mr. Rosenblum nor any of his partners were present at the September meeting and they're

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the ones who have the windows facing our property on their own setback. So they took the position

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that if we reduce that, that would benefit, even though we're not required to, and we could build

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to 100% lot coverage, as could Mr. Rosenblum, if he so desired, that would benefit the property at

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1809. We did so and represented to CCRA last night, and they voted not to oppose. As you heard

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from Mr. Rosenblum. He was present last night. He found out about this meeting.

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he was present last night. He found out about this meeting. I'm not sure he could have certainly

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found out about the September meeting as well, but was president last night's meeting. I don't

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believe Ms. Stefkovich was or not, but she can speak for herself. I didn't see all the attendees.

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And Mr. Rosenblum raised all of the issues that you just heard today. CCRA still,

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in hearing all of those issues, they determined, as this board has, that most of Mr. Rosenblum's

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issues are not zoning issues. He has issues of he doesn't like the design. He personally has

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seven units, but somehow our requesting more units is inappropriate. We should remain with

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three units. I showed you, and the photos are in the package, the rear alley shows numerous

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properties that are built out 100% lot line to lot line. You know, that's just a matter of fact.

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The, you know, the demolition of the rear is by right. There's no question, you know,

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because Mr. Rosenblum is frustrated with or doesn't like the demolition of the rear addition

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is of no moment. One of the things last night at the meeting that the CCRA members appreciated and

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why there was some questions about, you know, difficulty traversing Panama Street and so forth

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was that, again, the owner of this property, Mr. Adam Singer, who testified already,

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lives at 1802 Delancey. He's catty-cornered to this property, literally could throw a stone

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against it. He drives Panama Street all the time. Therefore, not only is it being a good neighbor

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to keep Panama Street open, it's selfish that he needs to and wants to keep Panama Street open.

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So, you know, I understand that Mr. Rosenblum has frustrations with something happening in the rear and wants the status quo to remain.

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As this board is well aware and has found numerous times, it is not a self-created hardship nor any basis to refuse the granting of a variance because a purchaser buys a property with the intention of doing something different with that property than is currently being done or even that would require a variance.

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um also there is no legal requirement in fact uh the as the board voted in another case of my own

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um there is no legal requirement for the continual checking of whether a posting remains posted

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rather as miss emerson has quite eloquently set forth in numerous findings the legal requirement

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under the code is for the applicant to show that they posted the property through substantive

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substantive evidence, which we did. And then that burden shifts to the protestant to determine

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whether or not and show that it was not posted. You heard no such evidence. It was arguably not

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posted for at least all day, Monday, the 27th and a.m. on the 28th. But those are a day and a half

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out of the entire posting period. That's not substantive evidence sufficient to carry their

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burden and overcome the presumption that we established. So just to summarize,

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there is clear hardship both in the change of the neighborhood, the contextual character of

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the neighborhood, including the immediately adjacent property. This was held and determined

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by CCRA upon a second review of the property

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and this is the least minimum

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variance as I already set forth and fully in context with everything

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else going on on the block and finally this will actually benefit

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the public with no detriment. So with that

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board chair I appreciate your time and consideration of this matter.

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Thank you. Council do you have anything you want to add

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to summarize um nothing that i haven't already summarized we don't believe there's a hardship

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or that this was the least minimum variance questions questions from the board no mr chairman

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no chair

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questions questions or comments from our attorney hillary emerson

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Chairman, I do see Wade Albert has his hand raised if you let me get to the to the virtual audience, I will get to him.

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I'm sorry, Ms. Ellison.

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I apologize.

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That's okay. Hillary, no questions.

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No questions.

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Questions or comments from the virtual audience.

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Yes, Wade Albert.

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i will allow mr albert could you state your name please and spell for the court stenographer

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sure my name is uh wade albert w-a-d-e last name is a-l-b-e-r-t right do you swear a firm to tell

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the truth the whole truth nothing but the truth i do mr sure please proceed sir thank you so i am

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a counsel for the center city residents association i'm uh attorney for uh with the law firm stevens

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and lee um i just wanted to raise a few points the the description of of the process is is largely

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accurate we heard this case uh originally on september 26th and at that time we opposed uh

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based on concerns that were raised by uh individuals in the community and by our by our

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committee members that the the height of the proposed addition in the rear was out of context

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with the character of the neighborhood uh and at that after that i i spoke with mr whalen and

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communicated that um if they were to reduce the height then ccri would reconsider um that change

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that we requested i and i know there is some conflicting testimony i want to be very clear

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about that it was not for the benefit of any particular neighbor it was for the community

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generally was not we did not make ask to reduce the height to to to help the 1809 or 1805 or any

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other property. It was just, we wanted to bring what we believed, um, the, this property back

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into the context of, of the character of the neighborhood. Um, and so, um, we, we got those

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revised plans and, and, um, gave, uh, the applicant an opportunity to, um, to, to represent last

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night, which they did. Um, and as a result, um, CCRA voted to not oppose. I also want to comment

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that this the uh mr rosenblum who um is i you know i totally understand the issues that he has raised

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with um his you know his property in particular that he owns with his llc and we have tried i i

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myself have tried very hard to um to connect mr rosenblum and mr whalen um and i i've spoken to

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them, both of them, several times over the past two days. Mr. Rosenblum first sent me an email

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or sent an email to CCRA, I believe, on Monday, which was forwarded to me. I immediately shared

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the concerns about the notice postings with Mr. Whalen, and I think that's what got things moving

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forward. We always try to be a neutral touchpoint for the neighbors and to facilitate any sort of

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communications that would hopefully get everybody to agree on development.

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I know that it may appear that that is not the case here, but we were hoping that maybe

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there's some sort of agreement could be reached, and it appears that it cannot.

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But that being said, having heard the plans twice, CCRA does not oppose.

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CHAIRMAN BRYANT. Thank you. Mr. Whelan, do you have any questions?

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MR. No, I do not for Mr. Albert. Thank you.

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CHAIRMAN BRYANT. Counsel, do you have any questions?

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no i do not thank you okay um is there anyone else in the virtual audience

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