civus
Hearing video

ZBA Hearing - December 8, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 8, 20205h 47m

His building is, in essence, going to be just perpetually dwarfed by this.

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If you can look at the zoning maps here, you will see that the property is primarily surrounded by CMX 4 and CMX 5.

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We also have a 30-story apartment building here, which is RMX 3.

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You'll see Watt Street as I zoom in.

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Part of the uniqueness of the property here is we have a 27 by 28-foot property.

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It's one of three that do not go all the way back to Juniper.

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It's just a small subdivided lot.

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it's an old carriage house. Here's just some more images here. Here's the subject property

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305 to 307 Watt Street and here here's just a another image of it showing the 28 by 27

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showing the homes behind it. Here's an overhead view right here showing the property

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And I'll go back through this later, but as you can see, there's a number, this is a lower

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height block in general. However, there's a bunch of 44, 45 foot buildings along here. I'll take

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you through that. But with the CMX zonings, we have some very large buildings here to the east,

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to the north, as well as this is an old image, but now we have the 550 foot tower that is going in.

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550 foot tower that is going in. Just so that you can visualize what we have here. So this is

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Thank you.

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these are the elevations here. This is the front view. So this shows the 45 foot building here.

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You see the side view and here are the floor plans just to see. We're not trying to,

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there isn't a lot of space to work with due to the fact that there's no rear yard.

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So here's the first floor.

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There's just an efficiency unit with a garage.

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Right now, this property, it's just down to the studs.

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There's nothing here.

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Second floor, we'd have a living room, dining room.

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Third floor, we'd have one bedroom.

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Fourth floor, we'd have one bedroom.

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And then there'd be a small roof deck.

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I'll just briefly take you through why this property is so unique.

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So this is a 24-foot tall carriage house right now.

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and um it's so it's as i already said 28 feet wide 28 feet deep it has a one foot um rear yard

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and actually the neighbors to the east built a wall um a solid wall at the boundary so if you

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go inside there's in essence no light at all from the east because you have a wall up against it

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and then you have this 550 foot tower to the west so the first floor is basically you're living in

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a dungeon. And because there's no rear yard, we have to set back the upper floors here. We can't

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just build on the existing foundation. We have to build back seven feet. We proposed to have a six

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foot setback instead of the seven. And as the building stands, it is 24 feet tall. So in order

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to try and have this so that our client can, he wants this to be his principal residence. He's

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to move there from where he already is in the neighborhood. In order to do so, with the 38-foot

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limit, if he were to only put on one floor, all you would really have here is a one-bedroom

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apartment or a one-bedroom house, which is just too small for the work that needs to be done.

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And as I showed you the location on Watts Street, this is quite unique as it's different than every

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other property on the block. There's only three that don't go from block to block.

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I also want to share with you one more thing.

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I'm showing you here, this is a live camera right now to show you

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where we are today as far as construction is on the art house.

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So that's the tower, and I'm zooming in to show you where my client's property is, and it's this square one right here.

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So as you can see, there is a platform that's built up here that's about 50 feet tall.

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It's just totally dwarfed.

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and I'm going to take you back here to this image and just walk you through some of some of the

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issues here so as far as the refusal is concerned we have a height refusal we're trying to build 45

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feet an inch and a half whereas it's only allowed to be 38 feet in this rm1 district the rear yard

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we are seeking to have it only be six feet where it's required to be seven feet and we're also

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seeking relief from the requirement that the roof deck be set back five feet. If there was a five

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foot setback there's just nowhere to fit in the roof deck with that. So as you look here at the

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map I already showed you we're surrounded on the north east and west by CMX4, RMX3, RMX3.

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if you look at the art house here so this has a 50 foot 56 foot base which has 100 percent lot

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coverage which is already depriving my client of of light and air here to the north we have

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the center city one apartment building that's 30 stories tall you have the university arts dorms

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here also very big property and then you have numerous these are cmx4 but there's numerous big

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properties just west of it on Broad Street. But what's important is there's a number of RM1

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properties within a block that are as tall or if not taller. Down here on Pine Street, we have

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1335 Pine, which is at 52 feet tall, and we also have 1333 Pine, which is at 43 feet tall.

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We also have on Juniper, which is just the east side of the block, we also have four properties

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that are between 44 and 45 feet tall. Those addresses are 324 South Juniper, 326 South

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Juniper, 330 to 32 South Juniper, and 334 South Juniper.

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and 334 South Juniper. We believe that we meet the five elements necessary to grant a variance.

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Again, the hardship relates to the unique physical conditions of the property. The property just

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isn't usable right now in its current form as a carriage house. No one would want to live on the

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first floor right now because it's in total darkness. The only way to go is up and we're

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only allowed to go up one floor which given the unique fact that we don't have the rear yard

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we have to have an even smaller footprint. Again the physical conditions of the property

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are what caused this. It isn't any act of the applicant. Granting this variance is not going

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alter the essential character of the neighborhood. There's already plenty of other properties that

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are just as big and this variance is the least minimum variance required to afford relief.

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In order to do the fourth floor, we just could not have the building any shorter. And I would

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like to just briefly, if Max Richardson can raise his hand, that is the owner and I'd like to have

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sworn in. Is there anyone else? Let me just, while we're waiting for him, I'll just walk you through.

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I had a few more pictures I was going to show just very quickly, just so you understand

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what you're dealing with here. This picture here shows the front. This is the front of the property.

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Here's what it used to look like. Again, here's the subject property.

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This is showing you what the backyard looks like, the one foot. This is

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looking out at the property to the rear.

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um again just some more photos this is the property this is the one um looking at it to

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the right um here's what it looked like when there was a beer garden before they started putting in

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the art house here's what it was once construction started as far as views from the second floor

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completely obstructed um here to the right is a view just looking down watt street very

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very narrow. And here are some more views as construction is ongoing. The top here is what

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you see when you look at the second floor windows because Watts is a very narrow street. It's only

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20 feet wide. And then this is what you see from the first floor. And then here's just some

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renderings as to what the art house will look like when it's done. And if you look here in

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the bottom, here's my client's property, Mr. Richardson in the corner. Again, as far as light

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and air is concerned this is a an image that my client took here showing that there's already a

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lot of um there's already very minimal amount of light before the tower went up because we have a

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the symphony house which is at broad and pine and this is just uh an image here showing um

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him being cast in darkness from shadows from the symphony house and um again just with how big it

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is this is a picture taken from broad junk looking north and you can see that the art house is just

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as tall as city hall is. And is Mr. Richardson, has he been unmuted? Yes.

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Here's just a few more images just from the roof looking south, just showing you what some of the

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other, what we're being surrounded with here, that's looking south. This is the 30-story building

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to the north, 30-story building to the north. This is a large one to the rear. Again, the rear yard.

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These are the houses that back up to it, just showing what is directly behind the subject

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property. And then these are the other two units that, the other two properties on the block that

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are smaller. And then here's a one. So Mr. Richardson? Yes, I'm here. Can you hear me? Mr. Richardson,

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do you swear can you put your name on the record please and spell it sure max richardson m-a-x

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r-i-c-h-a-r-d-s-o-n and your address uh 305 to 307 south watt street thank you do you swear

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or affirm to tell the whole truth and nothing but the truth yes ma'am okay you may continue

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mr richardson did you hear the statements i made today yes i did and were they true correct

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inaccurate? Yes, sir. And do you adopt them as your own?

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Mr. Richardson, do you adopt my statements as your own?

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Mr. Richardson, do you adopt my statements as your own?

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I wonder if he muted himself.

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Yes, I do. Yes, I do.

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And if the board has any questions for Mr. Richardson, who's on this property for a while, he can answer absolutely anything about this.

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and his efforts to try and reduce the height of the property in order to reach a compromise here.

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Are there any other witnesses?

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And does the board have any questions?

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No other witnesses.

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Okay, Planning Commission?

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Sorry, Madam Vice Chair.

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We do have someone who wishes to comment, I believe.

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Okay.

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Hi, is Richard Ryan?

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Mr. Ryan, you can unmute.

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Thank you very much.

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Hi, sir. Can you put your name on the record and can you spell your last name, please?

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Sure. Richard Common Spelling, Ryan, R-Y-A-N, address 310 South Juniper Street, Philadelphia, PA 19107.

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

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i do i do thank you okay um well i'd like to begin by saying that on july 17th 2019

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uh this same board uh denied the uh same exact project or essentially the same project

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and that previous year 2019 um the wash west civic organization and three neighbors who live

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next door all uh agreed that this was not a project that was uh proper for our neighborhood

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and uh this essentially the project is the same it might be six inches or 12 inches lower but

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it's essentially the same so the applicant is seeking an additional floor an additional height

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which on our block, meaning between juniper and Watts, between cypress and pine, not one property

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has ever been granted additional height in a variance or an additional floor in variance.

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So all the problems that are being presented as hardships with the size of 305, 307 Watts

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were already evident when the place was purchased the other buildings around the 45 footers that

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45 foot on juniper street comes from a doghouse dormer it's just a tiny little window that lets

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light into the attic and the many of the high rises that applicant is saying are a problem

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were already there. There are some new ones, of course, especially the Arthas. But if this indeed

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is a hardship, then everyone on the block must share the same hardship. Now, previously,

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applicants attorney at the Wash West Civic Organization declared that later in 2019,

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they met privately with the city planning. And although they never gave us a name or any paperwork,

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they said that city planning supported this 45 foot height and four stories they supported that

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kind of density well i applaud city planning for supporting that kind of density the way you do it

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is by changing the zoning so that everyone can have that kind of density and don't do spot zoning

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for one um property in the middle of the block when you're going to leave everyone else thinking

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you know what I want to do that too so the Wash West Civic Organization feels and do as do the

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neighbors that for our block it's not an appropriate project this will be the tallest building along

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with I mean with the addition of the um pilot house would be the tallest building on the block

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and so you'll get this situation where everyone wants a pilot house they want four stories they

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want 54 and a half feet um that's that's it for now okay are there any more witnesses tanya

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there are no hands raised as of now madam chair okay planning commission

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good evening my name is ariel de liberto that's a r i e l d as in dog i l i b as in boy e r t o

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and i'm here okay do you swear or affirm to tell the whole truth and nothing but the truth

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I do. Okay. This property is owned for, sorry, residential multifamily. And sorry, I just

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I do.

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Okay.

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This property...

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lost my notes. Hold on one moment, please. Based on the surrounding context, we have

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no concern with the rear addition. We do have concerns about the proposed roof deck structure

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without the required setback and the height accordingly we support the granting of the

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variance for the rear addition and oppose the granting of the variance for the height

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and for the roof deck structure setback okay calendar number 0222 305 south watt street my

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vote is no. My vote is no. I need Jim and Tom or Frank. My vote is no. Okay, thank you. We have

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four votes. Frank has recused himself from this. Okay, thank you. We have four votes.

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Okay, calendar number is 0977 301 St. Vincent Street.

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We have a Maria Dietry, she's been promoted to panelists.

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It would be possible also to promote Mr. Dietry, her son, who will be, she will be presenting

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this herself, but he will be helping her with technical issues.

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can he raise his hand sharon

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i'm unmuted i believe okay can you hear me yes all right maria maria dietry and dino dietry are

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together at her house on the same lab okay so that's your name and what is the address

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11-32, Harriet Grove, Huntington Valley, PA, 19-0-0-6.

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Thank you.

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My name is Maria Dietrich, D-I-T-R-I, the last name.

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Thank you.

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Do you, do you strike that?

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

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Yes.

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Okay, you may proceed.

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I'm sorry.

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It should be both of them, I believe.

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Okay.

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My name is Dino Dietri, D-I-T-R-I. I live at 11, I mean, I live at 1215 Mynell Road, Huntington Valley, PA, 19006.

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

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Yes, I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, the refusal referral, photos and or plans of the property five days in advance of this hearing?

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And have you met with the RCO? And do you have a letter?

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Yes, to all of that.

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Okay, you may proceed.

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Okay.

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I guess, do I need to show you my screen and pictures that I have?

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Yes, you do.

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Okay.

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Okay. Let me pop them up.

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Do I have to give you, like, access to my screen?

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Are you able to put it up, or can you see what I'm looking at?

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No, not yet, Mr. Thiestry.

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On the bottom, are you using a computer?

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