civus
Hearing video

ZBA Hearing - December 4, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 4, 20246h 44m

Number 7, MI 2024-002-747-365-South-61st Street.

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Devin Logan is the listed applicant.

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No exhibits.

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This is the second listing.

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Council Member Gauthier

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has requested continuance

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because of no RCO meeting.

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And also SRA Incorporated

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is the listed owner.

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SRA Incorporated

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of Pennsylvania Corporation

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is the listed owner.

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Devin Logan or SRA Incorporated

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if you're in the virtual audience,

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please raise your hand.

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I see no handstand.

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So, this is the second listing, but no one appeared the first time. So, MI 2024-002-747-3265 South 61st Street, I vote to dismiss.

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Michael Johns, my vote is to dismiss.

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Cheryl Gaston, my vote is to dismiss.

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Senator Graham, my vote is to dismiss.

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Tyone, my vote is to dismiss.

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Thank you.

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Case number one, MI-2022-005-736-1610, Margaret Street. Darlene Treat is the attorney.

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i'm a beckon is a panelist okay

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hey counsel could you please state your name and spell for the court stenographer

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Darlene Threat, D-A-R-L-E-N-E, Threat, T as in Thomas, H-R-E-A-T-T, for the applicant,

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Louis Estrada.

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Fair or firm to tell the truth, the whole truth, and nothing but the truth.

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Yes, I do.

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Do you stipulate to the reading of the refusal and agree with its accuracy?

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Yes, I do.

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Yes, I do.

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Share your screen and start your presentation.

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Share your screen and start your presentation.

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Thank you.

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Thank you.

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Thank you.

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Your Zoom link came up.

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Let me try to reshare, it just didn't come on.

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here we go

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can you see my screen commissioner make it just a little bit bigger if you would please okay

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What's going on in here?

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What's going on?

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I don't see the enlarge button at the bottom of the screen today.

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Just give me a second here, a little bit.

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Yeah, I should be it.

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No, what's going on?

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That's better.

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Sorry about that.

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But I don't see the enlarge button on the top today.

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Commissioners, I represent Louis Estrada, who owns 1610 Margaret Street.

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He received a violation for not having zoning for operating an auto repair and maintenance shop.

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I submitted a package of exhibits which contains approximately 57 pages.

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The exhibits are the refusal, the appeal, a property information form, deed, a tax agreement, property information, plans, pictures, flyer, proof of mailing, and petitions.

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Commissioners, we apply to the Zoning Board of Adjustment to legalize the existing use.

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This property is located in the ICMX district, which is for commercial and industrial, and auto repair and maintenance is prohibited in this district.

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We filed the appeal to the Zoning Board of Adjustment.

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We filled out the property information form.

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I have the deed here where Mr. Estrada purchased the property and is the legal owner of the property.

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We have a tax agreement that he filed with the city of Philadelphia.

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I have a general property information form, which gives you some particulars about the property.

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And here we're going to come up to the plans.

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commissioner this is a very very large facility which mr estrada uses for auto repair here is the

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site plan it sits on margaret street it's a large facility premises a b and c i'm just going to slide

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this over a little bit and this is basically the makeup of the entire garage here he has a

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i think she she froze up yeah council i think you're you're you're you're frozen

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Council

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Hilary do we have her phone number

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oh there's no wait we shall come back hopefully

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Do we see her hand

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Is her hand raised or anything

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Trying to get back in

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No chair

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But if you would like to just move on

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To the next case

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Why don't we move on

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And then we'll come back to see where she is

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Yes

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okay so number

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number six mi 2024 001 17 i'm sorry chair to interrupt she's back now i can't wait and be

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recalled commissioner no no no no no no i'm you you started let's let's finish okay

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um i don't know if you heard me when i went through the plan did you

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well you said i'm sliding it over and you never got over okay i'll go back to the plan

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so i was sliding the actual floor plan over so you can really see the um footprint and

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the interior of the property here uh basically it's a very very large commercial slash industrial

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type building. These are the four corners of the building here. You have to put it up. We're not

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seeing what you have. We're seeing you. You don't see it. Okay, I'm going to have to come back out

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then. Let me move on to the next one and while I'm there, I'll be long and we'll get back to you.

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Very well

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Thank you

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So number 6

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MI 2024

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001 173

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7611 Revere Street

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Sherman Toppin is the attorney

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No RCO letter or summary

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But notice was sent

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To the Mayfair Civic Association

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It was a meeting held November 18th

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Mr. Toppin

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He's coming back in now

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Okay

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Good morning, Mr. Chair, members of the board.

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Counsel, would you please state your name and spell for the court stenographer?

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Yes, my name is Sherman Toppin, last name T-O-P-P-I-N.

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Fair or firm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Could you identify your client in relationship to this property?

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Yes, my client is Jeannie Mayer and her husband, Joe Ebell.

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They may both be there in the virtual room watching.

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All right.

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Do you stipulate to the reading of the refusal and agree with its accuracy?

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I do.

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Why don't you start your case?

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Okay.

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So I believe by presentation, you should see the home subject home.

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Yes.

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So I'm pleased to represent this family.

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What we have today is relatively a straightforward and simple type of zoning request for variants.

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Here's my, in our typical exhibit list, we've got 14, but most of these are just statutory,

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and we'll be able to move through them rather quickly and get right to the meat of the subject.

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So we have one, the refusal really provides the reason why we're here, and that is the position of the garage.

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we want to legalize the this particular zoning application is to legalize the erection of a

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detached garage 18 by 25 feet in the rear of the property it's an accessory structure

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semi-detached to the existing single-family dwelling and it is too close to the property

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line on the side in the rear as you'll see in the picture whereas the it's required to be three foot

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setback from the the property line on the side and rear it is 2.2 foot two feet two inches on

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the left side of the garage and in the rear one point one foot six setback so we're shy about a

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foot and a half on the on the rear and about eight inches on the left and that is that is what brings

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us here before you today this property was actually inherited by miss mayor she inherited through

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intestate succession she was executive of the will and the successor of the property so that's

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what the deed presents here our application for appeal really presents the same conversation that

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we're having now and our this is also the exhibit for our project information sheet but getting

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right down to it this whole area is rsa3 the subject property is no different it is

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This whole area is RSA 3. The subject property is no different. It is the same configuration as all the homes generally in the area. In the aerial, you can see the same. All the homes are basically, you have single families, singles that are just placed sort of midway in the lot throughout this community.

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The subject property here has the little wind balloon, blue balloon, and here's the subject garage.

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You can see from the aerial in the back, both neighbors have pools,

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and so the only feature in the rear of our property is this garage that's been erected.

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And closer to, you can see exactly what we're looking at.

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Same footprint, all the houses sort of have a front yard of the equal size,

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and all have rear yards of equal size.

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and our client has this garage 18 by 20 foot and you can even see here it is relatively close to

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the property line alongside and i'll show you some pictures that give you a better visual of it so

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here's the front you can see this it ramps up to the garage and part of our variance is as far as

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its location is that this this this grading the closest it could be or the to the is here for the

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And you'll see in the next pictures that we've got, here's the space, the two foot, this is the side that's got two foot, two inches.

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It's eight inches shy, which is just slightly off to the side.

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You can already see that the garage, the way it's listed, the way it's presented here, it starts to move over to the left.

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So there was room when my client was erecting the garage or installing it to really bring it over the full without catching this curve.

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and coming down into the into so this is the better picture of the space again two foot two

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inches eight more inches would it be would be compliant and they're just shy of that a human

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can walk straight through here and service any all sides of this from the from this side the

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front and the other side the rear is where it's a little tighter this is the 1.1 foot six inch

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side and you can still see you can still walk straight back there's nothing really to service

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but you can still see that now the client who also the homeowner who also erected this yes this fence

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has erected this fence and he's mentioned that uh to me and and he's this fence is erected actually

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in front of the actual property line so if this fence wasn't there we'd have another nine inches

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behind this fence but effectively uh the measurement of lni is is from the fence forward

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and that's where the 1.6 comes from the 1.6 inches comes from now on the on the side you can see

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plenty of space on the front and on the as we get closer this is looking at the actual structure

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here it's a very level lot and one of the things that we had when we will talk about what happened

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in the rco meeting is that we agreed to install gutters along this front side in the other side

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we did have a meeting with the RCO and they did have some concerns um I don't think there were

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many um but okay yes so so we will we'll go we'll go forward from there we'll talk about what happened

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so there was in the meeting they we just we agreed as we'll see in the plans um here we'll just make

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this a little bit smaller so we can fit one screen so this is the plans of the layout of the property

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This is the garage back here. And we agreed in our conversation with the RCO to this, the revised plans to install a gutter on either side, the full length of the garage on the left and right.

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And that would create that would alleviate any water runoff, because as you can see, the lot is very level.

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And one of the neighbors that did appear at the RCO meeting indicated that the runoff was a problem on their side.

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We don't really see how, but just to play ball with the community and also to just compromise with the RCO's request, we agreed to this revised plans and to install these gutters here that would catch any runoff coming off of the roof and bring the water down the ramp of the driveway, and that's what the hope of the gutters will do.

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Also, there's already gutters on every corner of the house as far as the impervious structure here. There's a little awning here that runs down the front, but that's not really any much of the issue. It's more the garage that we agreed to put up.

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And so that was what the RCO chair after the vote that was taken was concerning. We sent a letter. Of course, this is our notice letter to the RCO.

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this it included the plans and the space so that the neighbors would see exactly what was going on

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43 members of the community got that these are their addresses and certificates of mailing

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And ultimately, you know, notice of this hearing and our picture of the of the posting of the of the property.

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and ultimately you know this is a notice of this hearing and

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Here's the front with the zoning poster there at the property line and on the garage.

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Also, if anyone wanted to look down, our our client parks is to puts his tools and commercial vehicle in and vehicle in this in this garage.

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And he uses it for that purpose. And and we and they do have a tax clearance letter.

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they went down there personally these and this is what they received which shows that there's a zero

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taxes due as of through the the date of the december the 8th so in this particular we're the

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only exhibit we don't have is the letter from the mayfair civic association and at the time a vote

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was taken we had a majority of the vote at the and we agreed in the letter afterwards and during that

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meeting to to revise the plans for the installation of the gutters on the garage itself and here we

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are today we fully expected mayfair to have delivered that letter and to present it to the

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board um but that's what we've come to to talk about today i'd like to bring my client in to

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adopt my testimony the neighbors next door okay now yes there's the neighbor on the left is the

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one that was at the rco meeting sorry the right of the property i'll go to the picture i'll show

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you which one of which one of the two so you see this neighbor here 7609 she's the one um this

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neighbor came and she was the one that said that there was runoff coming into her pool under the

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fence and you know there's this lot her lot is almost completely covered by her pool she's got

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a very large pool back there so we we agreed to put the guttering here to for to catch any runoff

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and send it down the driveway on either side um i don't think this neighbor this neighbor did not

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show at the at the hearing he's got a large pool as well but did not appear at the rco and this

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was the only person of the community that appeared to the rco and she didn't oppose she just stated

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that she would like to see that and she was she was fine in general with the the garage being

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there just wanted us to do that is on you bring your client on yes if we can elevate

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miss mayor to to a uh panelist i can ask her to adopt my testimony what's your client's name mr

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toppen well joey bell is the husband and jeanine mayor is the wife so one of the two of them are

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present. Joseph Bell, please raise your virtual hand. Joseph Ible, please raise your virtual hand.

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