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Hearing audio

ZBA Hearing - March 25, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Mar 25, 20266h 18m

Thank you for that.

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Any other requests for continuances for 2 p.m.?

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Okay.

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There are no more hands.

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Thank you, Doreen.

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All right.

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Let's go on with our case list.

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Okay. Number 2, MI2025-005235, 700 South 2nd Street. Erica Cronin is the listed advocate.

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Erica Cronin. Okay. Very good.

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All right. Just state your name and spell it for the record. Erica Cronin, E-R-I-K-A, Cronin, C-R-O-N-I-N.

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

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Yes.

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Okay. All other parties related to the case, Jim Kelly, right?

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Jim Kelly, K-E-L-L-Y.

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Okay. State your name and spell it for the record, please.

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Jim Kelly, K-E-L-L-Y, on behalf of the city.

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Okay. And I think Rachel Prisker should be on.

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Yeah. Good afternoon.

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am okay yep could you state your name and spell it for the record sure rachel pritzker p-r-i-t-z-k-e-r

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

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yes okay all right so this case is an appeal against lni um we'll go with the order as follows

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uh rachel and then erica and then uh counsel kelly is that okay with everybody yeah and

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we're having you go first because you filed the motion so today's discussion is only on the motion

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to dismiss um that's been filed by um the property owner uh permit holder

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that's been filed by the property owner permit holder.

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Thank you. Can you see my screen?

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Yes, we can.

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Excuse me. This is the court reporter. Was attorney Kelly sworn in?

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Yes. We'll do it again.

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

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Okay. Yes.

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Thank you.

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Okay. Thank you.

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Yes. So as mentioned, Chairwoman and members of the board, this is not an appeal against L&I.

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This is just for the limited scope, given that this appeal is moot under the law.

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So essentially, this is Brown Street. Sorry, that's from later.

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So and I represent the owner of the property of 700 South 2nd Street.

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So the property was originally issued a zoning permit back in July, and then it was amended back in October.

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Mrs. Cronin's appeal or Ms. Cronin's appeal relates to the scope of work and was filed based on the July 2025 permit, not the amended 1014 permit.

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no appeal was filed related to the scope of work and the active zoning permit, which is issued on

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10-14-2025. So the back and forth that's gone on with this is that the project, there were

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significant revisions. It's a historic project. It's a directly affected rear neighbor directly

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behind the property that we worked with with her attorney to resolve some of her concerns

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for the project and had to, they were so significant that we had to amend the zoning

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permit. And so the permit we're talking about and the scope of work relative to that permit

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is from October 14, 2025. There was no appeal filed related to this 10-14-2025 permit. And so

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as a result of that, under 14-303-15, any appeal that challenges a specific and final order

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or decision or determination made by L&I has to be filed within 30 days of that decision.

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So that would be this October 14, 2025. That is the final and last determination

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from L&I, not a July permit that is no longer active because it was amended.

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Ms. Cronin, again, filed an appeal related to a July permit, again, that was amended,

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and there was no appeal filed for October. So the Zoning Board of Adjustment and L&I has to

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follow the scope of work and the amended permit in October, not a prior permit. The ZBA couldn't

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even grant relief for a permit in July because it's not active anymore. So for those reasons,

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the appeal that was filed by Ms. Cronin for a July permit is unfortunately moot. We did post

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the new zoning posters on the property um have them um uh in the file which i'll go through in

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a second uh and so there was ample time to file within 30 days it wasn't filed and in the in the

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emails back and forth um so these are revised plans making those amendments and again they

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were significant so we had to amend the permit with the new issue date and then we posted that

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permit back in July 14th that was the original permit that was posted then for

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the October which is what she originally appealed then for October we posted the

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property I believe in January January 22nd 2026 and no appeal was filed within

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30 days of January 22nd, 2026. She also mentions in her emails to everyone, including

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word counsel, that she doesn't have any issues with the amended permit. She has issues with

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the prior permit. Well, the prior permit is no longer active. So there would be no reason to

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have a hearing against LNI for a permit that's not active anymore, that has a revised amended permit

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dated 10-15-2025, and for which she didn't file an appeal. So the case is moot legally and in all

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other ways. And so that sort of was the purpose for us being here. And like I said, even if the

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board wanted to, they couldn't provide relief on a permit that's not active anymore. And Ellen and

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I won't be following a permit that's not active anymore. They'll be following the 10, the October

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25th one and it that will be the scope of work in which a building permit will get issued not a

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July scope of work so that's why we're here and we ask that you know we are sympathetic to miss

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Cronin's issues I've had conversation with her to try to you know work through any construction

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concerns she has or other issues she may have about this project but um short of that uh we

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And short of that, we have to follow the law here, which is that we have no longer an active appeal for what she filed for.

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have to follow the law here which is that we have

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Okay. All right. Thank you, Council. Ms. Cronin, you can talk, but make sure it's just about the appeal only.

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Let's focus on that.

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And pull your mic just a little bit closer, and Mr. Kelly as well, just pull your mic closer.

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Yeah, thank you.

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i'm here to oppose the developer's motion to dismiss our appeal for the july 2025 zoning

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permit the motion is based on the idea that later amended permit automatically makes our appeal

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disappear this is not correct i am here today because i feel like this project needs a closer

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look and like most variances for not conforming to the code and i can keep on going well just

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about the appeal not about the actual project so just about the appeal focus on that that's what

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you have to say about that that's your argument for that yes okay all right um can i just briefly

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respond this is not a variance um this was a by right project that went through historical

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commission there's no we're not we are not um asking for any variances or any relief from the

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zoning board of adjustment or any other administrative body so that we're clear so we

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are we are not this is an appeal against lni um not from the zoning board of adjustment so i just

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want to make that clear that we are not asking for any variances here this is a buy right project

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okay thank you council mr kelly sure so uh thank you the city agrees with um miss pritzker's

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position here that this appeal should be deemed as moot um ultimately of course we defer to the board

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um but because the applicant uh obtained an amended zoning permit that substantively changed

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the plans because that zoning permit was posted um the city believes that a new final order has

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been issued um under section 14 303 of the code um i believe that this appeal should should be uh

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dismissed as moot um the zoning permit that the petitioner appealed no longer exists for

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lni's purposes um as there's been substantive changes to it um so it's effectively no longer

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a final order uh so for those reasons we agree that the appeals okay wait a minute i didn't hear

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your last statement for those reasons you agree the appeal should be moved okay all right thank

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you um any questions from the board no uh questions from our attorney not at this time madam chair

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okay and i guess planning doesn't yeah okay um sorry

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MI-2025-005235, 700 South 2nd Street.

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um a motion to dismiss is granted uh this appeal this appeal is dismissed as moot

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michael john yeah sorry just to clarify the motion is to dismiss as granted

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um on the base and the appeal is dismissed as moot okay on the basis okay the motion to dismiss

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is granted on the basis that the the appeal to dismiss is mute i'm sorry

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michael johns do i need to say that

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do i need to say that you can just you can just say appeal dismissed michael johns appeal dismissed

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cheryl gaston appeal dismissed ryan mcadams appeal dismissed tywin appeal dismissed

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thank you okay all right thank you

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okay move on to number six mi-2025-007188441 brown street rachel pisker is the attorney

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for the owner. Okay, you're still here. All right. So, Ms. Pritzker, if you've been

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sorted, you would like to identify your client and the relationship to the property.

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Sure. Again, Rachel Pritzker, P-R-I-T-Z-K-E-R, attorney for the owner. I'm here on behalf of

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Andres Roland, on behalf of MCG441 Brown LLC, which is the owner of the property.

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okay so um we have some letters of support from northern liberties neighbor association

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and a letter of non-opposition from council member young our board secretary miss gadsen

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has some questions for you okay good afternoon council have you submitted your exhibits and

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documents five days in advance of this hearing yes and do you wait

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five days in advance of this hearing?

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Yes.

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And do you waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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And you can share your screen and begin your presentation.

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Thank you.

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So, as the board may remember, because I think some of you were on the board when we originally

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went through, this is the second time this is coming to the board with the same scope

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work just a few years later um so it's just not that uh complicated of a project this is for a

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demo of an existing uh garage um and the erection of a three-story attached uh single-family home

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not to exceed height 38 feet uh with a roof deck and pilot house balconies at second and third

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floor and an interior off-street parking space access from the primary front street the only

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refusal that we have here is just for an RSA5, RM1, and CMX2. Accessory parking for any single

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family home, two-family home, or multi-family cannot be from a front-facing street. It has to

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be either from a rear alleyway or rear street directly abutting the lot, whereas the parking

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we're proposing is accessory parking access from a front street tax clearance the deed of the

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property this is an aerial view for the zoning maps of this property again it's zoned rsa5

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and it fronts on brown street and then north of the street at the corner

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aerial view. So as you can see, this property already has had front-loaded parking with a

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curb cut and a garage for many years. So we're just repurposing the same curb cut

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and same front-facing look of this project. It's been an existing garage and warehouse for many

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years, which is why the community was supportive of this. It's in character with the block and

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also of this parcel as well we're just turning the property into a single family home as opposed to

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the warehouse use that it's been on a completely residential block these are the zoning posters

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that we posted on the property and as you can see a little further back it's completely surrounded

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by single family homes all the way down brown street as well this is a view facing towards

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north 5th street this is a view further down brown street this is an interior view of what this

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garage looks like from the back of it

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as mentioned this project was approved by the zoning board for exactly the same thing back in

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2021 inability to get financing and other reasons was why the zoning permit expired

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as you know zoning permits are good for three years with the one-year extension

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we're outside of that so we have to go back through the process

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this is the old single family home to include parking garage for one parking space same thing

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as we're doing here. This is the code provision in which we're asking for relief.

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As mentioned, we met with Northern Liberties Neighbors Association.

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They had seen and approved the project before. Here are the letters that the certification that

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we sent to the neighbors. And this is Northern Liberties Neighbors Association supporting the

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project for the second time we also as mentioned have a letter of non-opposition from councilman

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young's office if we can just briefly bring on jason trotner to just go through the architectural

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plans um if he's on the line that would be appreciated

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yeah trotner is being promoted now thank you

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hello hi good afternoon can you state your name and spell it for the record

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yes it's jason trutner it's j-a-s-o-n-t-r-u-t-n-e-r okay and mr truckner do you swear to

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affirm to tell the truth the whole truth and nothing but the truth i do okay go ahead counsel

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Jason, do you want to just go through the plans I have on my screen?

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Yes, sure.

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So as it was discussed, this property has an existing garage on it, and we can see that the

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proposed plans here feature, again, a fully front-loaded parking garage for a three-story

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feature, again, a fully front-loaded parking garage for a three-story single-family dwelling.

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single-family dwelling.

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You can see in the perspective in the sort of upper left corner of the screen,

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just an image of what the proposed project is going to look like with the garage and the balcony

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mentioned and the front entrance. The project went through a review with the streets department to

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confirm any turning radiuses, and we did a study with the community prior to a presentation

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to them to make sure that the proposed location,

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the proposed project would have no impact

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on their existing street parking.

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You can see here all of the various attorney analysis

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to make sure that this would still function as intended

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for a single family residence.

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Do you have renderings on your end, Jason?

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Yes, I can share my screen if you'd like.

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Just if I can quickly too, because I assume the board might ask.

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I just want to also show, it was hard from what I pulled up.

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If you go down the block just slightly, originally what we had proposed was two garages.

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They did not want that given the amount of space that takes up and wanting us to keep within character.

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But most of this block on both sides has parking.

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So just when I said in character, I didn't have good photos before to show those elements of it.

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All right. Counsel, you can bring your client on to adopt your testimony.

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Okay. Is Andres' role on in the audience?

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Yes. They will be promoted.

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thank you you're welcome

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good afternoon

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andreis roller can you please unmute yourself okay sorry and put your time on please hi okay i can

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hear him uh hi mr roland can you uh please state your name and spell it for the record

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andres roland a-n-d-r-e-s-r-o-l-o-n okay and do you swear or affirm to tell the truth the whole

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truth and nothing but the truth i do okay thank you go ahead counsel um chairman do you want him

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to turn his camera on uh yep mr roland can you turn your camera on i try let me see if i can do it

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okay i gotta find that help

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okay sorry thanks andres have you heard my testimony today do you believe it to be true

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