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Hearing video

ZBA Hearing - April 7, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 7, 20219h 42m

Any questions from the board?

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No.

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Anyone else would like to testify in this case, please raise your hand.

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Chair, we have Jill Saul.

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You've been unmuted.

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You please unmute yourself and wait for the chair.

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that button by accident i don't have anything to say i guess really what i wanted to ask is if

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you're hello hello hello you either are you testifying or not testifying in this case i

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will i have a question is that well i need to get your full name and on the record please

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sure my name is jill my last name is saw s like sam a u l l do you swear and affirm to tell the

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truth the whole truth nothing but the truth yes thank you ma'am please proceed so um my my

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My question actually is, if you're reducing the amount of units, will you be then offering

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something other than just a studio and one bedrooms?

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Would you have maybe some two- and three-bedroom options?

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Ron, could someone answer that?

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Mayor Wood or Logan, whoever wants to take that question.

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i mean current currently okay i'm sorry one at a time go ahead mayor okay um so i mean we we do

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already have two bedroom two bathroom units incorporated into this building how many of

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how many two bedrooms four four and the rest are one bedrooms and studios so it was a mix

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really you know we felt that it was you know important to have a good mix um okay so does

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that answer your question ma'am um yes would there be an option to have at least one or two

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three bedrooms for a larger family um unfortunately i i can't really say at this time

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you know we we we reduce the unit count i mean i will say that uh three bedroom units just in

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general are extremely, extremely difficult, uh, to get rented. Um, and, and that's probably why

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with multifamily properties, you predominantly see, you know, studio ones and twos with the

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exception of course, of a, you know, uh, uh, a duplex perhaps, or, or a single family. Um,

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i'm not saying it's impossible it's you know you kind of have to see how the plans shake out

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but i can tell you that it's it's it's difficult for it to be um feasible thank you um i would

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like to just i'm sorry uh one other thing that i forgot to touch on is that okay mr chair

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yes okay um i wanted to comment on the surrounding height of the property so in the exhibit you're

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seeing right now the building directly across the street maple village is 51 feet in height

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the ymca building to the left is 66 feet in height okay thank you you're welcome

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thank you any other questions

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chair we have alfred smith that's been unmuted

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Good afternoon, sir. Please identify yourself with a record and I'll swear you in.

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Yes, hi. It's Alfred Luke Smith, chair for West Central Germantown Neighbors RCO.

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

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I do.

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Please proceed.

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Yeah, I'm not going to reiterate the entire contents of the letter, as always,

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impacted with input from the near neighbors in attendance. I did just want to make a few points

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in response to the presentation and flag one other issue that an architect on the committee

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raised. First, the issue of... Can I just add a point of clarification? Are you testifying on

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behalf of the RCO? Yes. Okay. What's your position with them? As I said, I'm the chair.

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of the RCO. With respect to setbacks, the applicant's summary of the setback requirements

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indicates that there is no setback required, if I'm not mistaken, for the front yard, and

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uh based based on the 16 foot setback um

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So based on the 16-foot setback for the nearest adjacent property, our understanding is that that would be something that needs another variance, because it should be a 16-foot setback, not a zero front yard setback.

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I disagree, and I did not call it out.

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That was not a refusal, right?

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Right, correct.

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Thank you.

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okay that would have been a refusal i believe sir if your comments are accurate yes yep um so i just

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wanted to to note that that on the record um and then second with respect to the letters submitted

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by the applicant um i i wanted to point out that they appear to be mostly from uh far away

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and commercial investor-type people, not near neighbors or residents.

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So I would say it's generous to call them a mix of residents and business owners.

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I think the ones that are in a close proximity to the subject property appear to be commercial tenants

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or business owners on the commercial corridor there.

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So I just wanted to point that out

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for the board's consideration.

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Yeah, sorry, I'm looking at the photograph,

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the aerial shot.

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And I don't know if you're seeing what I'm seeing.

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Other than to the right, extreme right,

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and down a little bit further,

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I don't see what looks to me like

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any single family residential.

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And I don't even know if those that are showing up look like they're, the color of the properties are white to the right, Ron, if you can go all the way over.

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Yeah, that right in there.

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I'm not sure if they're single family or multifamily or what.

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Outside of that, I don't seem, doesn't seem to me, at least within that block from Germantown going, I guess it would be going south or whatever.

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It doesn't appear to be any single family homes.

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yeah so let me i i did want to address that um there i believe there are there is one or two

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uh single family homes on that specific block here um if someone else uh i i can't swear to

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that but uh if if someone else on the phone that is council i'm sorry council for the applicant is

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pointing out there or yeah they believe that it may be over here there looks like there were two

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over here the other side of the church all right yeah and and then the the the parallel street that

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you were looking at i do believe that is densely populated with single family residential but the

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other point i wanted to make um is further up this so we're talking about rittenhouse street

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and if you if you this is my first time seeing the letter from that that planner but it it speaks in

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terms of this block, quote unquote. So if you count the block to be from Germantown Avenue to

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McCallum, which is the little street that kind of tees into Rittenhouse, then it is predominantly

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not single family residential. But I think most people in the neighborhood count the block to be

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between Germantown Avenue and Green Street, which is the next kind of major thoroughfare

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and intersection. And there are a large number of single-family homes there who were adamantly

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opposed to the development. And this is a one-way street. And so those properties would

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certainly be affected um at least in to the extent of parking overflow and uh additional

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traffic congestion trash trash trucks um they're on the topic of trash trucks that that came up

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um at the the public meeting as well um there there's there doesn't seem to be a great plan

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for that um from the place where the dumpsters are stored uh they would need to be hauled out

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to some accessible location for the trash truck and that would be through a shared right away

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that the tenants would be using for their vehicular traffic. And then Rittenhouse itself

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is quite a narrow street that is already heavily trafficked. And so that was certainly a concern

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that came through. John, could you show us on your exhibit where the trash containers would be located?

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your exhibit where the trash uh containers would be located

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so uh the trash of course would be private haulers uh the truck will come into the property

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and remove i believe in here is the um is that correct logan yeah i was gonna say ron if you

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actually go to the bottom lower right hand corner so we've got the we've got the trash yep got the

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trash room back there um and then as far as you know getting it out to the front um it's either

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through the the area where the the cars are at or as well as the um that hatched area you see along

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the side is also a um you know an open essentially a breezeway or or you know pseudo side yard out

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so just to be clear there's no dumpsters or or carts being placed on rittenhouse street

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The truck's not going to stop and block traffic.

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It's all going to be done on site.

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That's really important.

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Correct.

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Thank you.

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It looks like three-quarters of the way back from the entrance, maybe even further, right?

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It's not three-quarters of the way back.

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All right.

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Thank you.

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Excuse me, Counselor.

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Do that truck go into the parking lot under the building?

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Will it fit?

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Logan?

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Yeah, I mean, it's really contingent upon the type of vehicle a collection agency uses since it's going to be a private trash collection.

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But I believe, can you zoom in there, Ron?

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Here.

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I'm just trying to think what the lower clearance was there for the ground floor.

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We have it set at least at 10 feet, I believe.

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so the trash hauler basically has different size vehicles and would obviously send a vehicle in

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right that would be able to traverse the driveway area and under uh the development correct yeah i

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mean it's going to be something where there's going to be obviously some some human involvement

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from the collection agency i don't want to say it's going to be that you know fully automated

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but there there will be um you know some sort of you know transportation from you know the trash

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where it's held versus the vehicle that's taking it away but again all of that would be done on site

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which we can control correct on site okay okay thank you thank you any uh other questions

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uh yes i did have a few more points to make if that uh is directed to me your honor um i'm sorry

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Chair, I just wanted to mention that we did have six other hands up for this case, just so you're aware.

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Thank you.

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So, sir, if you could be brief, that would be helpful.

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I will do my best.

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And then I don't know if the extent to which those other people are repeating what I'm saying.

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Maybe they can elaborate if I'm brief.

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And I'm sorry, excuse me, who's speaking?

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This is Luke Smith.

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Okay, thank you.

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yeah please proceed okay so another major concern was parking uh there is the neighborhood is

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inundated with high density development and um minimal parking and uh although

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it the surrounding properties are vacant at the moment a lot of them are by right uh cmx 2.5 and

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it's very clear uh that that development is coming soon some of those properties um i understand are

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owned by the applicant in this case and although he was uh he declined to share plans for those

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properties in the context of the meeting on this particular matter which you know is his right uh

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from a neighbor perspective it seems relevant as we're assessing the overall um you know impact

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and on density and parking they weren't final at the time

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uh and then with respect to the the the zoning is rsa 5 as we all know there was a lot of

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discussion about um potential remapping and i would just point out that that is uh not guaranteed

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and uh the the the adjoining properties on the corridor are of course cmx 2.5 but this property

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is on Rittenhouse where the properties are RSA 5 and so of course we should be treating it as

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as RSA 5. And I guess the last thing I would say is that you know we we were earlier on willing to

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discuss potential compromises with the applicant in terms of scale and density and and parking but

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there was not a willingness on the part of the applicant to uh to to make any compromises so

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to make any compromises, so that didn't go anywhere. Obviously, this is the first time

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that didn't go anywhere obviously this is the first

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we're hearing about the 26-unit proposal, and I can't speak to whether that is something the

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neighbors would support, but I suspect not, since it's not that much of a reduction. And if there

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were a chance, the applicant likely would have, you know, brought that back for another meeting.

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I object. That's speculation.

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It is speculation. Well, to respect, it is speculation. Thank you.

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fair enough okay that concludes my remarks thank you thank you for your time anyone else

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to testify in this case please raise your hand here we have suzanne you've been unmuted

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hello good afternoon ma'am please identify yourself with the record first and last name

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My name is Suzanne, S-U-Z-A-N-N-E.

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Last name is Ponsen, P-O-N-S-E-N.

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Are you swearing the firm to tell the truth, the whole truth, nothing but the truth?

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I do, sir.

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Please proceed.

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I live at 5915 McCallum Street.

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Do I have access to this zoning map now or no?

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That picture.

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Like, can I move it around?

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Or only you can.

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oh okay okay you can all right i live on in the 5900 block of mccallum street 5915 and i'm right

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about uh you know like six houses in from rittenhouse street and that is up if you can

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keep continue up it's about there it's about no down down down down yeah about there a couple

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doors from the church? I am. Okay. Okay. Now, first of all, I'd like to say I've lived in the

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neighborhood for close to 40 years. So I've seen a lot come and go and a lot of developments. And

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anyway, I am not necessarily opposed to commercial development in Germantown. In fact, I look forward

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to it. What I am concerned about is the encroachment of it onto residential and neighborhood streets.

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I'd like to point out a couple things that Mr. Patterson mentioned and the architect as well,

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you know, one thing is that you yourself said it is a Rittenhouse is a one-way street

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with parking only on the one side, on the south side, and it's a narrow street. That's one thing.

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Number two, there are four single-family homes at 29, 33, and 49 West Rittenhouse Street,

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as well as the one at the corner, which actually the entrance and egress is

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at the very corner of McCallum and Rittenhouse, but it is designated as the address is 5901

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McCallum Street, but the house faces Rittenhouse Street. So there are four single-family

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only houses on that street, on that same side. Number two, or I don't know, the next thing,

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I have not had a chance to read over and examine the letters that the attorney has presented in

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support, and I would be very curious to get a chance to look at those. The only residents that

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on Germantown Avenue are living, they're kind of transient apartments above commercial buildings

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on Germantown Avenue. Those are the only residential residences that, as far as I can tell, he

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would have been able to perhaps have access to. So I'd really like a better look at that

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petition the petition letters and letters of support um the other thing okay so now that's

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that's just in in relation to the um the things that were mentioned today i have a statement of

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three separate points that i that i need to address um first of all i know you don't want

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to hear about parking. I realize that that's a constant clamor, but I have.

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I realize that that's a constant clamor. But I have to say to you that over the past two years,

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since Germantown Square Apartments was built, and it has 38 units and 16 parking spaces,

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it was built by Wright at 45 West Haines Street. Now I can see it, well I don't know whether it's

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