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Hearing video

ZBA Hearing - October 9, 2024

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

We're not impacting the light and air of any adjacent property.

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We do have what we consider an unusual circumstance where we have to safeguard the property.

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And the only way to do it is to take some unusual measures, which is to exceed the height on the sides,

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the three sides by three feet and we just think it's unreasonable to suggest that you have a

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four foot high fence on frankfurt avenue when we had a six foot high fence and that was being

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breached breached on a regular occasion so i'd like my client to unmute himself

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to adopt my testimony mr chairman i do want to ask him a few questions about what he's had to

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do to clean the property, to give you his position, not

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necessarily my words. Mr. Pasholi,

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can you raise your hand and unmute yourself?

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Mr. Pasholi?

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How are you today? Good. Could you please state your

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name and spell for the stenographer? Luan Pasholi,

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L-U-A-N

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P-A-S-H-O-L-L-I

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How are you today?

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I'm good. Do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Please proceed, counsel.

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Thank you, Mr. Chairman. Good afternoon, Mr. Bisholi.

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Were you on the call

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when I testified about your project?

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Yes.

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And if you had the opportunity to testify,

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would you adopt my testimony as your own

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and as true and correct?

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Yes.

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Now, do you go buy this, your property, often?

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I drive by there daily.

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Okay.

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And over the years that you've owned it, you've owned it for more than five years,

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can you just describe to the board the type of situation you're facing there with the lot being basically full of debris and individuals or anything else you want to say?

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Well, I'm going to start when I purchase the property.

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I purchased the property with, I don't know if any of you guys know,

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there were the uh kensington mansions that's what they were called two of them there

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unfortunately i was not able to uh repair them since my uh structural engineers said they're

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not repairable uh and the intention is to actually move into them myself so uh plans changed i had

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to take the property down and it became a vacant lot at that point i i put a six foot uh cyclone

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fence up all around the perimeter okay and i would cut the grass once you know twice three

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times a month on average okay depending on the season obviously uh it just it's been a nightmare

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honestly keeping it clean uh i've had probably about two three hundred tires dumped in there at

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once you know the fence cut open numerous times trash constantly uh you know you would clean it

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up today it's like it's like if you drive by kensington allegheny at seven o'clock in the

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morning it's dirty at nine it's clean it's 12 it's disgusting again so i mean you know the only

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thing that i could think of at the time is just put a fence up high enough so nobody can throw

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anything in there and uh that's pretty much what i did and has have your efforts been successful

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yes yes extremely successful and you continue to pass by the property on a regular basis daily

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And have you installed lighting around the perimeter of the property?

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Yes.

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Okay.

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Lighting and cameras.

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And cameras also?

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And cameras also.

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Yes.

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Yes.

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I have no further questions, Mr. Chairman.

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I have no further questions, Mr. Chairman.

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Questions from the board.

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Questions or comments from our attorney, Hillary Emerson.

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Not as if kind, Mr. Chair.

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Questions or comments from the board.

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Sorry, Mr. Chair.

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I'm sorry.

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No, no, you don't have to be sorry.

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Yeah.

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I was on mute.

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I'm sorry.

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No, no, no, it's fine.

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All right.

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a question um when when you did this did you explore some of the uh opaque versions of fencing

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i mean you you just went to solid fencing dude like i understand you don't want people to

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throw things in but are did you explore any other options in terms of the um opacity yes we did i

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actually installed a six foot uh i would say chain link fencing okay which is pretty hard to

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cut but it was just constantly being cut by either homeless people or you know the kensington issues

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right but i i'm not talking about that i'm talking about when you decided to put up this

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new fencing did what what options did you explore did you ever look at the code and what they were

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asking for, and did you look at versions or options that included something even close to

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the 50% opaque versions that are asked for by the coach? I did not. Unfortunately, I was under

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the impression that the property was zoned for, I think, 38-foot building. So, you know, you would

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build a building like that i'm guessing right on the property line on frankfurt avenue so i never

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even went any further so i figured if there could be a 38 foot building there we could put a 11 foot

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fence without having to get zoning so that's completely my fault to be quite honest with you

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i should have known better in other words all right but again i i get the height but you know

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there's still the whole issue of the um the see-through fencing that's what you're saying

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are there options where you can still um keep the trash from being thrown in or prevent

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well never mind okay thank you i didn't i honestly didn't i i did not i just figured

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this would be the best option to not have anything go in at all so it would be the cleaner

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you know best option i didn't even look into any other kind of fencing to put up

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gassing can i just take a shot at that sure yeah so some of the fencing i'm i think i know what

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you're speaking about is maybe shadow box fencing or maybe post and rail fencing yeah and you know

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again those types of fences you're still going to be able to get debris and individuals to get into

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those areas unless you make the opening so narrow which then it almost defeats the idea of having

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some opacity that's the only way i could answer that all right okay thank you just for comments

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from the virtual audience yes chair i have a hand up by the name of valinda last name starting with

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the X, they had been allowed to speak.

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Hi, could you please state your name

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and spell for the stenographer?

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Hello?

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Hello?

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Hi, could you please state your name

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and spell for the stenographer?

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Yes, my name is B-E-L-I-N-D-A-B-A-J,

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Benolda Jeppens.

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Could you do that one more time, please?

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Benelda Jepay

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And could you spell it for the stenographer?

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P-E-L-I-N-D-A

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E-P-A-J

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

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I do.

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Are you a neighbor?

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Yes, I am.

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Please proceed.

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all right i live on 32 30 frankfurt avenue across the street across from the lots so the

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mr pasholi he did an amazing job they broke in before he had the regular fencing on the six foot

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fencing they broke into my house white from the window side every morning i had to see

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i'm sorry for my language junkies getting high um you know throwing trashes and everything

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um you know throwing trashes and everything every morning it was morning afternoon every time I

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every morning it was more

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I would come from work I would see that they would sit on my steps every single day um

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currently since he put the fence in there I feel much safer I had nobody hiding behind of my the

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building or anyone coming coming towards me like I had had incidents before the building is much

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safer, has lighting at the night, has cameras. If anything happens, we have approached Mr.

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Pachole for the cameras recording. He has done an amazing job. And I was at the meeting on the

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3rd. We all voted yes. There was no against it because all the people that were on the meeting

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there with our neighbors.

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They were all the neighbors.

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Thank you very much.

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So I am a yes for this going on

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and keeping the phantom.

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Saves my life.

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Thank you very much for taking the time to call us.

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We appreciate it.

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Is there anyone else in the virtual audience?

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Sergi Pulevi has been allowed to speak.

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Sir, could you please state your name

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and spell for the stenographer?

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sir j

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sir do you please unmute yourself

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j okay chair they did not unmute they may be having technical issues i think i think we do

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have a letter from him if i'm not mistaken okay is there anyone else in the virtual audience

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there are no more hands at this time to play any commission thank you chairman and good

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afternoon david fecto with the city planning commission chairman and board members the

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comprehensive plan recommends no change to the rm1 residential multifamily zoning at this location

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the appellant applied for permits in 2017 and 2018 for demolition of all structures and

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consolidation of four house lots. They erected a fence along their property lines without the

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benefit of permits. The appellant has not shown that an economic detriment will accrue if they

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are forced to comply with the height and opacity standards in the zoning code. The City Planning

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Commission recommends the board deny their proposed dimensional variances for fence height and fence

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opacity. So Mr. Clinton we're not going to take a position on that we're not going to vote on this

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until we hear, if we can get something from the RCL.

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Understood.

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Thank you, Mr. Chairman.

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We'll give it a few weeks.

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And if we don't have something, we're going to vote then, okay?

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All right.

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Yeah, and I'll follow up.

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We try to get it.

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Oh, absolutely.

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Absolutely.

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Thank you very much.

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All right.

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All right.

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Number 12, MI 2024-004-949-141 East Sharpneck Street.

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Alan Nockmson is the attorney.

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Mr. Nockamson?

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Sorry about that.

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No, no, that's okay.

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You've already been sworn.

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Could you just state your name for the record?

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Yes, Alan Nockamson.

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Could you identify your client, their relationship to this property?

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Yeah, my client is 14143 East Sharpneck STLLC.

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And there's a letter of unanimous support from East Mount Airy Neighbors Association, 33 votes.

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Our vice chair has a few questions, sir.

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Good afternoon, counsel. Do you agree to weigh the readout or refuse or stipulate to his accuracy?

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I do.

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had an email then all the required documents and exhibits as needed to proceed with this

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case five days in advance of this hearing uh yes i have thank you council please proceed and share

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all right so i'm here to percent uh 141-43 east sharp neck street uh we're taking uh three lots

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and, oh, excuse me, you're taking two lots

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and then subdividing into three.

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This is another project which has a long history,

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but a positive history in that originally

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there was a request for multifamily use

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for these properties.

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My clients went back to the drawing board

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based on community input

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and has now had unanimous support.

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It was asked that, you know, to respect the fact that this is a single-family portion of the neighborhood, and in addition, to provide side yards for the extreme left and extreme right parts of the property, as well as, you know.

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uh the extreme left and extreme right parts of the property as well as you know creating porches and

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and creating bay windows and bricks facades which are more in character with the neighborhood which

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they did everything and that's why i think they got unanimous support uh the first uh item that

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we're going to review is the notice of refusal so these are rsa5 uh properties um and you know

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We're only receiving one refusal for the size of lot two, you know, saying that the minimum lot requirement is 960 and ours is 868.5.

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I'm not 100 percent sure if that refusal is correct, because I think that the lot size that we should be going under is 1440 by deferred to Ms. Emerson in that respect.

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But either way, the size of the lots mimic what is in the neighborhood.

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It's not out of character.

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And to have, you know, these lots the way they are from a with perspective and a single family perspective is in character with the neighborhoods.

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