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Hearing video

ZBA Hearing - October 9, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 9, 20247h 34m

Fair or affirmed, tell the truth, the whole truth, and nothing but the truth.

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I do.

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Are you a neighbor?

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I am the president of the Wakefield 49ers, one of the four RCOs represented, and there's one RCO overlapped. It did not show.

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Thank you very much. Please proceed.

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Okay. Greetings to everyone.

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And our Zoom meetings, at the way the city has it set up, gets time restraints on them.

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Mine is shared with another company.

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But at the beginning of the meeting, we did say that we have a certain amount of time.

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The date for this meeting had to be looked into, and we had it at 630, but it's also, we were checking, it was on the date of Solo's RCO, and I requested from, I believe, the only one that really speaks for them is Ms. Weiss.

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If somebody else could show, she was quite upset that it was on their meeting date, but the other three RCOs said yes.

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And so our developer had some restraints too, as he's busy, and we moved it to six o'clock.

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So as I proceed, everyone at the meeting should have the neighborhood concerns.

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Everyone at the meeting should have the neighborhood concerns.

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So as we went into this, I looked at our summary, by the way, and I request that if Solo puts in a summary that they remember there was three other RCOs.

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And as we go down, we had a meeting last year up at the Haitian church.

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And the neighbors came in quite numbers because many of our neighbors don't have Zoom.

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They're elderly and don't do it.

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And we asked for different things.

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When they showed it there, we asked for a community room.

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We asked, the neighbors had asked for where's the mail going to go.

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They had asked other questions.

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And he said he would make provisions and provisos.

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And we appreciated that.

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And he said he would come back when he had a better offer.

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And it was 28 units.

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And he moved it down to 21 units. So 19 or 21, the neighbors didn't have a problem. The block captain, if they look at the plans when he showed them, there is no houses across from it. There's only three houses to the east of it and only one occupied. It's a very empty block in their portion of the block.

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but the street that would be impacted the most was Lena Street their block captain came

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their community support came and our committee person off of the rear came to the point that

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she even came to my house because she doesn't have zoom so I just like y'all to know we had

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this meeting and he hit every point he hit every point that we were asking about

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He asked, and when it came to the roof deck, the neighbors didn't have a problem.

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Now, I want to clarify, where they say there was no's and objected, yes, Lena Street neighbors were hoping that if they said no, it would change the parking for the street because there is no parking on Worcester Street all the way from Germantown Avenue to Chew Avenue.

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There is no street parking. And we explained to them that the parking wasn't part of the refusal

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and saying no would not get any more parking on the street. So the owner said, we'll come back

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with parking on property. We will change, take out seven apartments. We will put in parking in

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the rear. We will put in handicapped parking. We were talking about greenery and how we're trying

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to go green. The 23 runs one block away, and we're trying to save the train, so we encourage

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you, Susceptor. They said there's 11 parking spaces. They have bike racks, a bike room.

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We said elderly people will come. They said, okay, some of the apartments we take out this

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space, we'll put in elevators. The neighbors, I said, if we take parking out of the issue,

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what do you say about this project? And all three neighbors said absolutely yes.

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And we said and promised that we're going to work with city council and city council persons for

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possibly like time parking on their block that's down the street, Lena Street, and try and find

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out why there is no street parking for almost five blocks on Worcester Street. That being said,

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if people would look for the neighbor input the neighbors said absolutely yes they were happy

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with the effect we even had a man that was there visiting and he knows history and he asked about

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could the rocks be repurposed they said yes can you take the brick facade all the way around the

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side they said yes the neighbors on Lena Street asked about double parking because they didn't

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want any blocking when people want to get in and out of the apartment, especially if there's a fire

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or emergency. So he put in two-way parking. When it came to a question about the children, we were

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almost out of time. And we understand we cannot encourage or make community-based agreements with

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a playground, but the safety or questions about the roof, we said, would be addressed possibly at

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the zoning board. But the neighbors had no question more about the roof. The thing we're

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asking is that when the RCOs come, that they listen to the neighbors, live in the neighborhood,

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and be associated with the neighbors that are trying to send their block captain and representative

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to our meeting. So the RCOs that were there, Faith, 12th Ward, myself, we voted at the meeting

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And we asked repeatedly twice if Solo would.

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And we asked repeatedly twice if Solo was going to vote at the meeting because they bring representatives and at least two people that don't live within even a mile of the place.

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And one man, he was quite confused.

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He didn't know what we meant about RCO meetings.

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And another person, Ms. Ponson, was there.

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And she has West Central.

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She said she was just observing and offered any support if I needed it.

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So I hope you take away from this the provisos that are on there.

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They even said they would put cameras, lighting.

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I'm going to cut this short now saying that if we would stay to what the community is asking and the people and worry more about rocks, worry more about them than rocks and trees, the neighborhood, we got everything we asked for.

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Thank you.

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Thank you very much for giving us a call.

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Is there anyone else in the virtual audience?

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No, Chair.

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I see no more hands at this time.

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Alan, do you have anything to say?

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I don't think I have anything to add.

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Planning Commission.

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Afternoon, Chairman and members of the Board.

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Dave Defecto with the City Planning Commission.

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Chairman and Board members, the comprehensive plan recommends no change to the RSA-5,

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residential single-family zoning at this location. The appellant could divide this lot into seven

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house lots by right. The majority of homes on this block face are single-family. The appellant has

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signed an agreement to pay $24,000 in lieu of replacing the six heritage trees that will be

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removed, so the appellant has shown that the proposed removal of heritage trees will have

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no detrimental impacts beyond what might be expected. However, the proposed multi-family

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building is out of character with the homes on this block face the city planning commission

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recommends the board grant a proposed special exception for removing six heritage trees but

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deny all other proposed use and dimensional thank you um i just want for record keeping

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purposes i just want to have the opportunity to respond sure oh uh yeah so um not out of character

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to have multifamily. On that same block across the street at 3755 East Worcester Street,

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there's a 47-unit senior living facility. And I believe my presentation materials has another

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instance of multifamily use on that block. And the fact is there is CMX 2.5 RM1 and RM2

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zoning on that block and we're near a commercial corridor on Germantown Avenue from a planning

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perspective, I would think that you would want that increased density on a block that's rather

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empty to help support the commercial corridor. Thank you. Thank you. So we're going to hold

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the vote on this until we get that correction. Am I correct, Hillary? Yes, Mr. Chair. The record

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is otherwise closed. We can do that in two weeks? We will do our best, Mr. Chair. Okay. Thank you

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very much. Well, Alan, we'll let you know when we're ready to vote, okay?

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Thank you.

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Take a little

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break. MI 2024-004-887-3222

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Frankfurt Avenue. Henry Clinton is the attorney.

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No RCO letter or summary, but

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notice was sent to neighbors with a proof of a mailing. Meeting was held

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October 3rd, 2024.

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Letter of opposition from one neighbor.

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Henry Clinton will be rejoining us as a panelist.

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Good afternoon, Mr. Chairman.

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I'm Mr. Clinton.

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Could you please state your name

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as spelled for the court stenographer?

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Sure, Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.

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Do you swear or affirm to tell the truth,

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the whole truth, and nothing but the truth?

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I do.

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Would you identify your client in the relationship to the property?

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Sure. My client is Luan, L-U-A-N, Lu Pasholi, P-A-S-H-O-L-L-I, and he's the principal of Pasholi Holdings.

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Our vice chair has a few questions, sir.

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And, Mr. Chairman, before we get to that, I didn't hear what you said. I was in transition coming in about the-

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Oh, I'm sorry. So I said there was, we don't have an RCO letter, but there was a meeting held on October 3rd.

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And there was, we do receive one letter from one individual who states he's opposed to the project.

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Okay.

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Our vice chair has a few questions.

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The letter, but I don't know what happened.

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It was an overwhelming vote in support.

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Okay.

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All right.

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Good afternoon, counsel.

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Do you agree to read another refusal or stipulate to a guy person?

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I do, Mr. Shahid, just to make sure it's an amended refusal that we have.

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I do, Mr. Shahid, just to make sure it's an amended refusal that we have.

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Yes.

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Have you emailed in all the required documents and exhibits that's needed and required to proceed with this case, Bob?

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These in advance of this hearing?

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Yes, sir.

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Thank you, sir.

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Please proceed and share your screen.

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Thank you.

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Is that visible, Mr. Chairman?

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It is.

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It is.

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Again, good afternoon, Mr. Chairman, members of the board.

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Henry Clinton for Pasoli Holdings, LLC.

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And Mr. Pasholi is on the call and will be a witness briefly at the end of my presentation.

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This table of contents, A1 through A10, which I ask to be admitted.

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This is a request for relief to allow a solid fence around a vacant lot.

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And we have refusals for height, which I will get to shortly.

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This is the refusal.

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this is an rm1 zoning district again it's a vacant lot uh and my client has owned it for several

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years he had a six foot high cyclone fence around the property and i'll show you an aerial photograph

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of that uh but because of what's happening in the neighborhood we're only about three blocks from

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kensington and allegheny what's happening in the neighborhood and with this lot it was just a

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constant source of people dumping, throwing things over the cyclone fence. And it just got

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to the point where he had to put up a solid fence higher than a cyclone fence. And that's what he's

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done. And he's gotten a refusal because a fence facing on Frankfurt Avenue, which is considered

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the front, should be no more than four feet, according to the code, and should be at least

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50% transparent. Our fence is 11 feet high and is not transparent. That's on Frankfurt Avenue.

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On the other three sides, the fence is supposed to be no higher than six feet,

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and our fence is nine feet. And I have photographs to show everyone.

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The RCO letter, you know, we just met with them October 3rd. I was at the meeting after the

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meeting was over, I left the room and I found out from people who were at the meeting that

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apparently it was a 10-0 vote in favor, but I don't know why we don't have a letter yet.

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I think it's because of a short time frame, frankly, just a short turnaround.

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So this is the photograph of the vacant lot right now. It's rather large, about 100 feet long,

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almost a square. K&A is where my cursor is, a couple blocks to the east.

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This is a ground level view of the lot with the cyclone fence. You can see there's some trash on

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the front. And typically, as my client will testify, the lot itself was trash strewn and

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difficult to monitor. So he went ahead and he put up a solid fence. This is Frankfurt Avenue.

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The height of this fence is 11 feet.

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Again, another photograph from Frankfurt Avenue.

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And this is the fence at night, which was well-received.

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The lighting was well-received by the RCO and the folks at the meeting.

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Let me just reduce this so you can get an idea.

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Of the site plan. So this is Frankfurt Avenue where my cursor is. Again, as I said, this fence is 11 feet, nine feet along the side street, Madison Street, nine feet on the rear and nine feet adjacent to the property next door at 3320.

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Just another view of the site plan.

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This was a zoning permit that my client got when he acquired the property, consolidating the four lots.

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That's what this plan is.

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Once it was four lots, he consolidated it into one lot.

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So that's really the only zoning records I could find.

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The remaining documents are the documents you would typically see in a presentation like this with our application for appeal,

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our project information form

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our tax clearance

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our zoning map

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again this is the corner RM1

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surrounded by RM1 and RSA 5

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the deed indicating ownership

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our notice letter

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our notice letter and 118 mailers went out.

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and 118

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Thank you.

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We have a certification from the post office indicating that we did conduct those mailings.

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So we have a situation where it's kind of an unusual circumstance or unusual situation where it is a vacant lot.

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it's been basically in a hazardous condition or dirty condition or overgrown condition for

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several years. My client goes by the property, as he will testify every day. He cleans it himself,

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but it got to the point where people are climbing over the fence. I think he'll testify they were

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camping out the fence, leaving needles, trash, everything else you can imagine. Everybody in

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the neighborhood was upset about it. So he decided to put up a fence that's basically

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insurmountable, frankly. And that situation has ceased. It's now well lit. It's well received by

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the neighbors, was well received by the community group. As I said, you know, I didn't hear any

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negativity at the meeting. I understand, Mr. Chairman, you have one letter of opposition, but

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Hopefully, the RCO will get that letter in if the board is unable to vote today.

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We are not impacting the development of any adjacent lot.

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