civus
Hearing video

ZBA Hearing - December 11, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 11, 20247h 26m

This is an existing two-family dwelling, and I have a zoning record at the end of the presentation.

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You can see the two mailboxes on the door.

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These are deep lots.

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The lots are about 75 feet deep, so it allows for a larger home on the property, which is ample for a two-family dwelling.

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Notice of our posting.

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Here are the plans.

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So to the left, I'll just start on the left-hand side.

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This is the site map.

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Again, the lot's 75 feet deep.

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The house is about 55 feet deep.

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What's unique about this particular lot is in the rear.

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We actually have a door.

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You can see this in the third photograph where my cursor is.

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A door leading from the basement up the steps and into the rear yard.

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The front will be all brick with an egress well, and then stairs leading up to the first floor.

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The back will be a metal siding vertical.

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floor plan uh excuse me floor plan now my client the plans show a bedroom in the basement and a

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bathroom but she told me that the architect made a mistake she does not want to have a bedroom in

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the basement or a bathroom. So it does say preliminary. So if we have a proviso, if the

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board looks kindly upon this, we would ask that proviso to reflect no bedroom or bathroom in the

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basement. This is a relatively modest proposal in terms of a number of bedrooms. First floor

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will have one bedroom, large kitchen, living area, one bathroom. The front door would then

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lead you to the second floor where there would be two bedrooms and two baths. There's no rooftop

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deck. There's no decks in the rear. Again, trying to fit in with the character of the neighborhood.

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Application for appeal, project information form, tax clearance. This requires some explanation. So

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if you look at the tax records, the only taxes that my client owes is for 2025 and they're not

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yet do. When we tried to print out the tax clearance, this is the first time I've ever

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seen this. It said unable to view certificate. So she doesn't know any real estate taxes and

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She doesn't know any real estate taxes and no other taxes that we know of, but I don't have a certificate to show the board, only to say at the top, tax clearance check for zoning board passed.

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no other taxes that we know of.

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You can view the certificate now or review it later in your letters, but for whatever reason, it just would not print out.

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Zoning map, again, RSA 5 zoning district.

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The deed indicating ownership by Ms. Fonda.

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This is a notice we sent out to everyone within 250 feet of the property.

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This is our certification that everything was actually mailed, 100 pieces of mail.

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All the addresses, Martha Street, Amber Street, Rush Street.

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And these are the two family dwellings on the street.

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One is 2114, immediately adjacent to our property.

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and then 2135, which is across the street.

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And again, this is two units

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and it's an active rental property.

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That is the presentation.

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I just like to summarize it

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that we have a long vacant lot.

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I wasn't as able to establish how long,

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but some members of the community

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thought it was at least a decade

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or perhaps longer.

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we have other two family dwellings on the block single family homes in terms of construction

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costs would be prohibitive to build my client only has three bedrooms if it were a single

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family home it would also have three bedrooms so we're not really bringing more individuals

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to the block or more congestion the two family dwelling is necessary for the viable economic

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use of the property. It is in harmony with the code as it is residential. It's in harmony with

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the community. We're not impacting any light or air or the development of any adjacent property.

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In fact, the property to the right is vacant, and perhaps our project will spur on the development

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of that particular lot. And with that, I'd ask my client to unmute herself. Ms. Fonda,

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can you raise your hand? She may be participating in my telephone.

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Valjeta Fonda has been allowed to speak.

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How could you please state your name and spell for the stenographer?

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Yes, my name is Valjeta Fonda, V-A-L-J-E-T-A, last name Fonda, F-O-N-D-A.

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

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Yes, I do.

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Please proceed, Mr. Clinton.

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Thank you, Mr. Chairman.

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Ms. Fonda, were you on this call when I presented your two-story, two-family project to the board?

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Yes, I was.

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And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes, I do.

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Thank you, Ms. Fonda.

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Questions from the board.

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Questions from the board.

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A question.

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You're not, the client doesn't want to do basement living, correct?

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Correct.

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And so are you still going to have a basement?

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Are you still planning to have a basement or no?

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Yes, Mr. Johns, there will still be a basement,

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but that will just be for recreation or maybe a playroom.

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She has it marked here as recreation.

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So there's no living in the basement.

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Even though there's a door and a walk out into the yard,

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I asked her repeatedly, and she advised me,

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She doesn't want to have a bedroom or a bathroom in the basement.

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Can you tell me how tall the building would be in relation to the other houses that are adjacent to it?

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Ms. Graham, it's going to be 29 feet.

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And I don't have a rendering of what's next door.

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Let me see something here.

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I do know at the top of the building, there's a cornice line here, which I think was meant that the brick or turn like a row lock to carry over the cornice line from the adjacent buildings.

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Let me pull them up.

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So 29 feet, it's well below the 38 feet.

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I can only guesstimate the height of the buildings on either side, and I don't want to guesstimate wrong to tell you the truth.

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Thank you.

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other questions from the board what's the width of the lot the width of the lot is 18 feet okay

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thank you questions or comments from our attorney hillary emerson

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at this time mr chair

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Questions or comments from the virtual audience?

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questions or comments from the virtual audience i see no

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I see no hands at this time, Chair.

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Planning Commission.

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Good evening, Chair Bergman and board members.

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My name is Nina Solomonic, and I'm with the Planning Commission.

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Nina, could you spell your name for the court stenographer?

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Yes, Nina, N-I-N-A, last name Solomonic, S-O-L-O-M-O-N-I-C.

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

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I do.

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Please proceed.

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This property is indicated for residential single-family on the city plan, and our adopted district plan recommended no change to the existed zoning at this location.

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There is no unique physical condition of this property that would prevent it from being used in conformance with the zoning code.

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Therefore, the Planning Commission recommends that the board deny the requested variance.

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number seven what mr clinton if you want me to address that mr chairman i will sure you sure you

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can yeah just as i mentioned in the presentation uh this is a large lot 18 by 75 it's been

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undeveloped for a minimum of a decade and potentially longer uh the market values of

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the properties on the street exceed the cost of construction for a single family home but it makes

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more economic sense for a two-family home and there are other existing two-family homes on the

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on the block including the one adjacent to our proposal. Thank you. MI 2204-004-857-2112 East

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Somerset Street. I vote yes with no basement living. Michael Johns. My vote is yes with

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proviso. Cheryl Gaston, my vote is yes, with proviso. Tanetta Graham, my vote is yes, with proviso.

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Irwin, my vote is yes, with proviso. Ishmael Shahid, my vote is yes, with proviso. Thank you,

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Council. Thank you, Mr. Chairman. Number eight, MI 2024-006-660-8301 Tarsdale Avenue,

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Darwin Bovee is the attorney.

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There's recommendation of unanimous support from the Upper Holmesburg Civic Association.

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24 votes in support.

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Mr. Chairman, members of the board.

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Council, I think I already sworn you at one point today, somewhere along the line.

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Yes, she did, and I swore never to lie to this board.

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Could you please state your name just for the record?

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Yes.

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Darwin Bovee, B-E-A-U-V-A-I-S, attorney for the applicant, the Rockefeller Group.

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If I can...

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And our vice chair has just a few questions for you, sir.

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Yes.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal or stipulate towards accuracy?

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Yes, I do.

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Have you emailed in all the required documents and exhibits as needed to proceed with this case

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five days in advance of this hearing? Yes, I have. Thank you,

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Counselor. Please proceed and you can share your screen. Okay.

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Let me try this again.

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I'm not the most tech-savvy

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person.

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I believe it's here.

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can you see that we can make it just a little bit bigger okay there

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all right Mr. Chairman members of the board right can we also identify for later on Jacqueline

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Schwartz and Heath Abramson, they are with the Rockefeller Group, and also Keith Tindall from

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Sabre Industries, who will be my very quick witness. Before you is an application on behalf

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of the Rockefeller Group, a New York metropolitan area development company, which has entered the

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Philadelphia market with a transformative project at 8301 Toursdale Avenue, which is in the

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northeast section of philadelphia the project includes the construction of 190 000 plus square

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foot warehouse which is permitted as of right and the relocation of an existing wireless facility

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a cell phone tower from the center of the lot to now the rear of the lot which is the essence of

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to now the rear of the lot which is the essence of this application now by way of background

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this application now by way

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we did submit uh our exhibits which includes our refusal all the way down to uh aerials

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our memorandum of law and photos of the of the property as well as the posting

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i would like to bring your attention to exhibit five just start there

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this is this is a rendering or a render site plan of our warehouse over and on the right

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hand corner is the subject of our application which is the cell phone tower just want to give

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you a aerial along here where the cursor is towards dell avenue and in the rear are railroad tracks

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directly behind us n95 and if you remember how we how the our lot is configured it's surrounded by

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the red line and this is where our cell phone tower is along the right of the screen is the infamous

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upper homesburg prison and you don't see it here because this is a rendering but currently our

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cell phone tower is somewhere around here so the and and i just want to correct the record it's i

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believe the applicant all those rockefeller group it's rg or rg torsdale llc that's the actual

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applicant. So just by way of background, the cell phone tower is here. So this is a photo,

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the prison sitting on property. So you see that emblem right here. And it is this tower that

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we're seeking our variants from. Now we're proposing a new tower, which will be more

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modern structure. And the difference between this tower that you see on your screen and the tower

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that we're proposing is that it can accommodate a much smaller fall zone radius. Our refusal

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basically stands that if your tower is whatever height it is, it's assuming that the tower is

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going to fall. It's going to fall and that it needs that entire radius for it to fall.

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That was then. This is now. We don't need two hundred and fifty three feet for a fall zone.

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And the fact that and couple that with we're taking this tower and we're putting it in the rear of the property.

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I think that makes better use and better efficiency for the property overall.

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So with that, I just I'm looking for the board to grant our application basically for four reasons.

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One, the physical layout of the property. Our unique physical constraints makes compliance infeasible. Like I mentioned before, you can look again. This is a much better location for a cell phone tower as opposed to here in the middle of the lot.

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um by by by doing anything else i think this will slow this will make it a more inefficient

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site to the point that we cannot cannot develop what we're developing what we already are

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permitted for two the next the the next reason why we believe the board should grant our

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Variant is that relocating the tower makes sense right here, but also the tower, modern-day technology has the tower collapsing.

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And with that, I just want to show this is an elevation of the proposed tower.

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And if we can identify Keith Tindall, he is the engineer that can speak to how the tower collapsed.

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Keith Tindall has been allowed to speak.

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Could you please state your name spelled for the stenographer?

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Can you hear me?

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Yes, I can.

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Could you please spell your name for the stenographer?

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Yes, my name is Keith Tyndall, J-E-I-T-H.

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Keith, I think you have to turn off your…

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You've got two devices on, Keith.

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Try now, Keith.

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Try now, Keith.

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I'm still getting my phone back.

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Maybe walk away from the computer.

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Keith?

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How about now?

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Better.

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Yes.

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Okay, good.

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Okay.

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Tell your name, please.

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