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Hearing video

ZBA Hearing - October 13, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 13, 20217h 13m

Are you with us, Tadas?

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Yes.

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Tadas Karasavisius.

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Please spell your first and last name, and I'll swear you in.

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My name is Tadas, T-A-D-A-S.

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And my last name is K-A-R-U-S-E-V-I-C-I-U-S, Karasavichis.

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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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Thank you, Mr. DeMarco.

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Mr. Karasavichis, say your name for us also.

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We make sure we get it right.

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It's Karasavichis.

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Karasavichis.

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It's a tough one.

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It's Lithuania.

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Sorry.

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Did you hear all of my factual statements and testimony?

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and are they true and accurate? Yes, they are. Do you adopt them officially as your own testimony

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in this matter? Yes. Great. The five units that you are proposing at this site, let me go back

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to the site point. Are they the minimum number of units to allow you to feasibly develop this

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property? Yes, that is correct. And tell the board what you remember about the 2020 attempt

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to try to develop this property consistent with the zoning classification that was i right that

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that was attempt to have an offices offices there yes it was supposed to i think all the permits

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everything was pulled and uh we were supposed to start construction to do the offices for city

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fitness and um obviously the covet hit and overall the location of the offices i think the the owners

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just didn't really love it due to parking and just being in the middle of a neighborhood it

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just didn't work out so they just pulled they pulled out. So as the owner you have attempted

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to develop this property uh consistent with the zoning and you were unable to correct? That is

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correct. And are you uh and is there any confidence in you as the owner that you can attract a

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commercial tenant to this location in light of its positioning among a single family residence?

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no no the way it's located in the middle of a neighborhood that just due to lack of traffic

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and i'm sure not a lot of tenants would like to put in uh anything in there and is the context

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that we described accurate as far as the other curb cuts in the area that is correct

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um so mr chairman that's all i have i do want to have uh that's all i have for a totus i do want

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to call Rustin Ohler to speak a little bit about the revisions and the. Why don't we

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why don't we do this in the interest of time let's ask the board if they have any questions

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do this in the interest of time let's see us the board if they have any questions.

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if not we might might not be that necessary to rustin to speak unless you think it's

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that important so i'll ask the board and board have any questions no

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mr demarco if you need anything for the record if you'd still like to bring mr rustin on that's

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fine if not we can move i can do it with two questions if that's okay just in case there's

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opposition today. Understood. All right. I'll be fast. Rustin, please raise your hand virtually.

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He's going to have to speak. Rustin, please identify yourself and I'll swear you win. Spell

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your name. Rustin Oler, R-U-S-T-I-N-O-H-L-E-R, 1225 North 7th Street, Philadelphia, PA.

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You swear if I'm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you, Mr. DeMarco.

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Russ, and the board has a long list today, so they've asked me to be brief.

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I won't ask you to share your screen and go through intimate detail.

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But are these variances that are, let me start with this, is the lot unusually shallow?

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Yes.

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At 40 feet?

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And are the dimensional variances that we are requesting the minimum necessary to alleviate that hardship caused by the shallow lot?

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Yes, they are.

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And can you just tell the board briefly what revisions we made in response to the community's surge at this location?

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Yes, we've removed all the pilot houses.

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We've reduced the overall height and ensured that the cornice height does not exceed 41 feet 6 inches,

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which would be what would be allowable cornice right in any by right building.

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okay and do you feel as an architect that that the variances are uh are warranted due to the

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unique conditions yes uh mr chairman thank you that's all i have i'll just putting on the screen

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i know it's upside down does the board have any questions for mr oler no mr chairman no no as you

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can see thank you as you can see this these are the archive documents uh which show the failed

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attempts to develop the property Mr. Chairman including 2007 and the 2017 2020 attempts were

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all unsuccessful and involved variances granted by this floor thank you do you um it's a revised

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plan what was it one page revised plan one page okay thank you okay uh anyone else would like to

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testify in this case please raise your hand mr chair i have a miss marie marie winfelder

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i'm allowed to speak at this time ma'am please spell your first and last name i'll swear you in

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marie winfelder w-i-n-d-f-e-l-d-e-r you swear or affirm to tell the truth the whole truth

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nothing but the truth? I do. Your address, ma'am? 1122 East Oxford Street.

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How close is your residence? Is that your residence? Yes, right around the corner.

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Okay, thank you. Please proceed. Okay. I don't have any objections of them building on the lot.

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My objection is to the garages because that's a one-way street and there's no parking on that street.

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There's a lot of garages on Oxford Street and on Wilgee Street and everything that they don't use the garages because they can't get them in.

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They use them for storage.

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And if there's not going to be any basements in this building, I'd rather see the garages go and give the people a little yard

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so they have open air because of this pandemic that's going on.

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People want yards so they can at least barbecue or something.

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And I am definitely opposed to this project.

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Thank you.

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Anyone else to testify in this case?

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The Chair, Mark Duzak, has his hand raised.

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I will allow him to speak at this time.

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Thank you.

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Sir, please spell your full name and I'll swear you in.

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Mark Duzak, M-A-R-K, last name D-U-S-Z-A-K.

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Where or firm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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Please proceed.

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So, I am the neighbor that touches the most of this property.

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I touch two sides of the property.

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I'm unaware of the change until now that they made some revisions to this.

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I heard the story about zoning and variances in the past and all, but I do think one of the rejections was skipped in that story.

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I heard the story about zoning and variances in the past and all, but I do.

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I've lived at the property for eight years.

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When I purchased the property, I looked at what the zoning was here.

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I saw what was going on in the neighborhood.

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I realized what could be built there.

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I'm not opposed to the curb cutouts, although I do think the one at the corner of Columbia and Wildey is extremely dangerous.

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Accidents happen on that corner all the time.

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It's a one-way street, and people don't go the right way.

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My real two objections to this is, one, there's no backyard.

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so no one's talking about uh there's they're they're not putting a nine foot backyard setback

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um that does not fit in with with all the other houses out here i know they changed the height

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they changed the height to 40 to 40 feet it sounds like it's still 20 percent higher than

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all of us that are conforming houses um what we have there and um as far as my understanding of

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who's this owner isn't building it it's this isn't someone else that's coming in here so um

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i don't think he has a hardship because no one's forcing this guy to buy the property

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as far as the height i mean people dig out basements basements if you dug out your

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basements and you and you and you spent more money you don't need a height variance and as

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far as the setback i just think that's completely unacceptable my property touches the whole left

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side of the property if you're facing it on on willity street and probably a third to 40 percent

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of the property if you're facing it from columbia on the right hand side of the street

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they're showing a lot of pictures here of garages and on and i have a rowing gate door that that's

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that's the side of my house. My house is an L. I'm going to look at this. But when I bought that

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house, I realized what the zoning was and what could be built there. A 20% height is still

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variance is unacceptable to me. And that backyard, it just seems crazy. It's out of touch with what

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is happening. This isn't Northern Liberties. We're more of a neighborhood community. So that higher

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density, you take out all the backyards and you put in little decks and stuff. That's not what

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Fishtown's about. And I have to see this property every morning, every afternoon, every evening,

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and it just does not fit in. Anyone else to testify in this case? I just want to ask a

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question of this witness. You have existing curb cuts for your property?

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i hear your testimony accurately you have a curb cut i have a curb cut out i actually received a

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variance in front of this board to put that rolling gate door in because of all the activity

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that occurred to that property there when there was a woodworker in there there were crackheads

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that would go in there they would jump the fence and come in my backyard um as far as that property

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not being unrented, there's no market for it, you're absolutely crazy. I have people leaving

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notes on my gate that they want to do storage there, that they want to rent there. There's

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never been a for rent sign up there. The property is just not taken care of. It's totally dilapidated.

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There's still a mattress on the roof, and I've lived at the property for eight years. I look

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at that mattress every morning out my window. Well, sir, wouldn't it make sense to develop

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the property so that its long-term vacancy could be ended and you could actually have residences

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like you on the block? I would love to see that. I'm not against development. I just want you to

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conform with my house. Well, your house has a curb cut, so why would you oppose a curb cut when you

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have one? I'm sorry, I didn't understand you. I said if you have a curb cut, why would you oppose

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curb cuts at this location when you enjoy that for your property? Maybe you misunderstood me,

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but i'm not opposed to the curb cutouts okay but i did say the one at furthest of the corner of

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columbia and willie is going to be extremely dangerous i don't have any questions that's fine

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i but i misunderstood you want to build the property just build it like my house give me

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put them give them a backyard and make the height the same as mine isn't your property over 38 feet

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it looks pretty high from the elevations there's no variance on the on the height of my property

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Mr. Chairman, I do want to, I don't have any further questions. I do want to mention the streets department has, has stamped these plans and the proposed curb cuts as preliminarily approved. That's the stamp in the red at the bottom.

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Okay, thank you. Okay.

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Okay. Anyone else to testify in this case?

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Anyone else to testify in this case?

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Mr. Taylor, there's a Jean-Paul Vieira with their hand raised. I will allow them to speak at this time.

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Hi, yes, good morning. Can you hear me?

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Yes, please spell your full name.

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First name Jean-Paul, that's J-E-A-N-P-A-U-L.

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Last name Vieira, that's V as in victory, I-E-R-A.

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

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Yes, sir.

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Thank you, sir. Please proceed.

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So I'm actually, the neighbor that just spoke, I'm actually right behind him.

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And I would have to say that, of course, I share some of the same concerns as him.

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um it is true that um tattis did come to my uh to my house yesterday we did speak

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um you know i like many other people i am not opposed to uh to development either but i you

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know within reason um i did express a concern about the shared property wall as the um

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the that wall is probably majority spent uh you know against my property i do have a i guess a

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mural up i have a you know an outdoor fireplace and all those other things that are kind of tied

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into the property so there was concern and he tried he did assure me that maybe something could

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be uh you know could be met as far as um you know maybe keeping the wall or or whatever but um you

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know to the point of my neighbor who uh who is behind me i i think there are certain things that

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you know obviously you know they did come back they did address some of the issues that were

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raised as far as the height variance and i did have a question i heard earlier in the um in the

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proceeding that it was going to be 40 feet six inches but then when the architect got on he said

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41 feet six inches so i wasn't sure which one is it is a 40 feet six inches 41 i heard the same

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thing i was just curious i can clarify and rustin it will can address it as well it's 40 feet six

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inches to to the cornice but there's a parapet which does not count against height which is

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goes to 41 it's a very small parapet and it's not account for height and if and if i'm to

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understand that the parapet is going to be made of glass correct exactly okay and we will work

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with mr i would say that we will work with mr mr john paul's a property of butts our property

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is we are trying to be sensitive that's why we're not excavating um if that will allow us to not

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on have any risk of undermining his property and we will work with them

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and we're having my understanding is taught us did provide his number and mr mr john paul

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i'm available as well oh i i do appreciate that i um you know i just yes i mean if there are

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certain things that are going to be changed about the project that are vastly different from the

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first project then um i think there could be some uh some you know compromises made i think the

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removal of the pilot houses mr chairman and john paul should mitigate his any privacy concerns for

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him because he won't have people looking out over the over the wall into his lane well there's there's

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that but also i mean the tearing down of the wall in general i mean i think a lot of at least the

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neighbors on my side kind of feel like that wall provides a lot of you know privacy and you know

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overall i mean you know it's just it's been obvious kind of set up you know relative kind

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of you know scene or scenario i mean there is some concern with people looking over in general

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um i mean i'm not too as static about that but um right you know i mean there there will have

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to be some development as far as whether there's five homes or there's something less um you know

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i think that's that's something be honest listen i grew up in brooklyn that's something that's a

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little bit of an issue that it's hard for me to be biased against um so that's not necessarily

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what my concern was my concern was you know the tearing down of the wall and and you know kind

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of like opening us up and exposing everybody um during the construction and you know and then

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the hype but the height's been addressed so mr chair thank you um unless the board has questions

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i do want to mr oler does want that we do have shadow studies that showed a very minimal impact

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no okay i see you nodding i'm sure not unless we have to i mean i think i think the issue and

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the gentleman just spoke i i was going to ask the same question i thought i heard 41 6

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should be 41 46 inches 40 feet it's 46 40 40 feet 46 inches right anyone else to testify

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something new and different please

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the chair i have a mr jim thompson with us andre that will not speak at this time

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good morning mr thompson please spell your full name and i'll swear you in

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good morning jim townsend j-i-m-t-o-w-n-s-e-n-d where or affirm to tell the truth the whole

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Or affirm to tell the truth, the whole truth, nothing but the truth.

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truth nothing but the truth i do

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