civus
Hearing video

ZBA Hearing - September 25, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 25, 20248h 45m

Monday through Friday and 11 p.m. on Saturday and Sunday.

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Mr. Chairman, if I may, there's the letter itself. I don't know if that

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captures the drive-thru component of this.

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The proviso we have.

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Yeah, we are open to the lobby being, you know, at the 10 and 11, like they talked about.

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But the drive component, we were looking for some additional hours, which is consistent with the, you know, many of the, you know, competitors that are within half a mile, a quarter mile.

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So that's, you know.

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Was that mentioned in your presentation at all or you didn't do the hours?

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Yeah, I did. I did mention in the letter itself that the hours, you know, we were we were consistent with, you know, the the interior, the lobby in that 1011 area.

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But the drive through. And here's the challenge. We don't we don't have an operator yet.

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So we're a little bit challenged with confirming exactly.

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But the drive-thru, the hour issue was really a safety and security issue, as we understood it, and that the drive-thru, because we wouldn't be inside, some additional time would be satisfactory.

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I'm not sure how we say additional time could be in the proviso.

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Hillary, do you have any suggestions for this?

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um i i think i think that we could say um i'm trying to think of its interior it's technically

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takeout so interior dining wouldn't make sense um we could just uh we're fine with the lobby being

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that i believe that yeah i just don't know if lobby is going to be clear um interior dining

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the lobby the the the 10 and the 10 and 11 were fine the drive-through was a you know a separate

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uh a separate item so mr chair i think if we just take the current proviso and add um

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uh i don't say interior dining because it's not just the dining it's actually you can go in and

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get stuff but that's being closed and i i know what you're saying about that so i'm trying to

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think of the best way to word it yeah um uh uh let's see the rest order so i mean we could or

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we could say ordering we could say ordering um after after those hours um orders only through

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the drive-thru that might be the easiest way that would be great that would be great

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MI 2024-004-449-1401-66th Avenue, proviso. Hours of operation closed by 10p Monday through Friday and by 11p Saturday and Sunday.

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Driveway ordering will be allowed for a period of time after that. Is that okay?

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that's fine yeah i i will i will adjust the proviso on the notice of decision just to

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indicate that it will be takeout only after 10 p.m monday through friday and 11 on saturday and

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sunday but just just but i agree hillary my only thing is is this good to two o'clock i mean what

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what's the timeline i mean if i live in a neighborhood do i want them to be three o'clock

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in the morning or

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1 o'clock in the morning, they're still buying things?

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1 o'clock in the morning, they're still buying things?

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What's being requested,

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What's being requested, Mr. Feldman, in terms of hours?

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Mr.

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That's what I'm saying. He said he doesn't know.

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We could say 2?

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Is that 2 o'clock in the morning?

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Yeah.

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I don't know. Clubs close at 2.

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That's what you're saying.

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The bar and the club are closed at the same time.

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I mean, McDonald's is the same as the bar?

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Is that good or bad?

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I don't know.

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You may need some food on the way home.

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I don't know.

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We think open at McDonald's.

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2.30?

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Mr. Chair, if you'd like to have further conversation on the hours, we could vote on this next weekend, and Mr. Feldman and I can be in touch.

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so what we'll do is the second we already voted on six number 10 we'll finish this next week

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and you can work out with mr feldman what we're looking for okay

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sounds good is that okay mr feldman it is it is it is we've been trying to figure this out

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okay all right thank you thank you for having consideration thank you thank you number seven

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MI 2024-004-388-1601-49-North 20 A Street.

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Neal Shklarov is the attorney.

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Letter of support from Brewery Town-Charlesbury Community Civic Association.

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And the art commission approval is required prior to permit approval.

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We're coming back in as a panel goes shortly, sir.

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Ms. Sklarov?

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Hold on, he may be coming back in right now.

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All right, he'll be rejoining soon.

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Okay, thank you.

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hey so we see him yeah he's been promoted but uh mr sklaroff

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mrs sklaroff if you're still present please turn on your video

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again mrs sklaroff if you're present please turn on your video

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I want it. Why don't we do this? Why don't we move on and then we'll see if we can get him a little bit.

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Maybe he's having a problem with his machine.

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OK, so let's go to number eight.

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Oh, there he is, Mr. Chair. He just turned on his video.

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OK. All right.

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Cancel.

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Can you unmute, Mr. Skleroff?

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can you unmute

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he has to be having a hard time so

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mm-hmm let's move the number eight we'll we'll call him again okay okay we'll come back to you

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mi20 go out of the zoom and come back in again mi2024 004 404 2800

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MI 2024-004-404-2800 West Cheltenham Avenue.

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Tameka McCoy is the attorney.

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There's a letter of non-agreement from the 50th Ward Executive Committee.

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Okay.

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They will be coming back in as a panelist shortly.

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Okay.

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good afternoon everyone hi good afternoon counsel could you please state your name

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and spell for the court stenographer sure tamika mccoy mc capital k o y first name is spelled t-a-m-i-k-a

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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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yes could you identify your client the relationship to this property

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sure um the client is um the consulting group and enon tabernacle baptist church

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also participating in this session will be ian smith who worked as the architect on this project

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our vice chair has a few questions for you good afternoon uh community had submitted a

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um letter of non-opposition i believe could you just double check that i know there had a letter

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no no letter says letter of non-agreement that this is what we have non-agreement leaving the

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decision to the board okay thank you good afternoon counselor do you agree the way the

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reading of the refusal or stipulate to its accuracy? Yes. Have you emailed in all the

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required documents and exhibits that's needed to proceed with this case five days in advance

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of this hearing? Yes. Thank you, counsel. Please proceed and share your screen.

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Thank you. So I have here the application that had been submitted on behalf of the property

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located at 2800 Sheltonham Avenue. Occupied on that premises is the Enon Tabernacle Baptist Church.

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Affixed with the submissions are a copy of the Deed of Trust. Essentially, it's a non-profit

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organization. It has been at this location since 2001. What is proposed essentially is a zoning

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variance to affix a permanent gate for designation of access points, as well as to have on the gate

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a sign that is illuminated and can actually provide notification. What I'd like to do

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is go through to identify that when we submitted the information, it had been sent out to the

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community members. We had affixed with the submissions all of the members that had been

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the fact that there were 94 people in total. The notifications were made by flyers in the door as

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well as direct mailings. I had also affixed a real estate tax certificate that shows that all

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tax obligations for the premises at 2800 Sheltonham Avenue is fully in compliance.

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I have here a copy of the notification that had been sent out, a copy of the notification

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regarding the hearing, and a copy of the refusal. What is currently affixed at the property are

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temporary fencing, which essentially has been there since 2006, temporary, but this is essentially

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what's there. There are staircases. It's typical fencing that would be used around a construction

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site, but in this particular instance, it's used as a perimeter. And the plan essentially is to

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affix a more suitable permanent structure that is also for the purpose of beautification as well.

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Um, this would be a long shot of one of the entrance points for vehicles at the time that

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the RCA RCO hearing was conducted, which was on August 27th, there was a total of 20 attendees

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and the voting essentially, uh, was to some extent held in observance because

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was to some extent held in observance because the schematics had not been done to give the

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residents a clear understanding as to how it would look and how they would be impacted.

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Here we have the notices that have been affixed to the gate. And what was presented essentially

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was a copy of these plans that shows the structure of the church, the perimeter, as well as some of

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the photographs that had been depicted. What's new and what you have that the residents don't

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that would shed some light into the final project and how it would look is the actual fencing the

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gates and how it essentially would correspond with what's required by the code. We know that

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the code requires 50 cent opaqueness, this gate essentially would allow for you to be able to see

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right through. It would essentially fit the aesthetic of the building. It would be suited

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in such a way that there's posts so that it could be a sturdy structure as it wraps around the

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perimeter of the property. The variance essentially seeks to have the height as well as the setback

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address, and that's why we are making this application here today. Part of the fencing

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structure also talks about a sign that would enable for the community to see actually what's

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going on with the church. So the church has, for example, a football team, and it would be able to

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announce, you know, Saturday game from 1 p.m. to 2 p.m. And we know that kids who are engaged

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in these kinds of extracurricular activities are not as likely to find themselves up in criminal

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conduct, are more likely to matriculate to college, and it is actually activities that

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bring the community together, whether or not they are a member of the church. It's actually open to

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the public some of the activities that they have. Other things that would be posted on this sign,

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for example, would be days that people can come in and vote or days that they could register for

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early voting, things like that. They would also affix information that would be helpful to the

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community in terms of how they could get, for example, Thanksgiving turkey giveaways and things

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of that nature. So people who are passing by would be able to see it. This also was not available to

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the residents at the time of the RCO meeting, but I think could set some light in terms of the 45

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degree angle for which the sign, which is illuminated, would be positioned so as to not

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have a impact on any of the area residents, but at the same time, be able to serve as a notification

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arm for things that are happening in the community. This would be, again, looking onto how the sign

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would appear in correlation with the gate. So it wouldn't necessarily stand out. It would

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essentially be the same height. There would be, as I said, a software that comes with the program

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that would allow the operation to, number one, control the dimness. Number two, control the

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information. Number two, control how the information scroll, how slowly it would scroll.

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And the operation of those signs would essentially be from dusk, from dawn to dusk.

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So essentially, the lighting could be controlled depending on what the sun intensity is during the course of the day.

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And it could be essentially automated by virtue of a software program that would be integrated within it.

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As I said, it would add beautification to the area because what they have there now and what had been approved through a similar zoning process such as this is this temporary fencing.

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So what this would do is essentially add a permanent solution to that temporary fix.

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And the permanent solution would essentially, you know, aesthetically be in line with what's happening in the foreground and the background.

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And as I said, it's positioned at a 45 degree angle so that the residents wouldn't necessarily have disturbance with any notices that would be mentioned on any of the signage.

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So essentially, these renderings, I think, would have contributed.

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So essentially, these renderings, I think, would have contributed significantly to an understanding as to what the community could have expected in terms of what the final fencing would look like.

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And I think this is helpful in addressing the concerns that had been expressed during the course of the 50th Ward.

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Even without those renderings, the same amount of people was in support as was opposed.

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But again, they wanted to abstain so that the board could have the full opportunity

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to see the renderings, which at that time had not been complete.

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With that, I would like to have Mr. Ian Smith brought into the meeting.

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That's on how I used to fence.

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let's see here

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i believe we can have mr ian kind of address sure okay thank you

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do we see his hand would you please allow sure sir could you please state your name and spell

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for the stenographer my name is ian smith it is i-a-n-s-m-i-t-h you swear or affirm to tell

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the truth the whole truth nothing but the truth i do please proceed counsel okay sure mr smith did

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you hear the presentation that was made before the board yes and you had the opportunity to see the

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um renderings that had been presented yes

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Yes. And one of the questions that came up is the height of the fence. I know one of the

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renderings shows it in relation to people that would be walking, but could you please articulate

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the height of the fence, please? The height of the fence is six foot four inches and was clearly

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articulated on the zoning documents that were filed initially in order to receive the refusal.

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okay and the fencing is such that um more than 50 can be viewed through the fencing is not a

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solid fence correct that is correct it's aluminum the only solid would be the post is that correct

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that is correct the brick masonry um piers or monuments um um breaking up the fence um on a

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rhythm. Are there any other questions for Mr. Smith? Mr. Smith, how long is, how large is the

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sign? The sign is the equivalent of the same height of the fence. It is a monument. It's

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sitting within a monument, so it's approximately, I think we're designing at this point in time

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approximately like seven feet wide by about five feet tall okay thank you

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questions from the board so uh did you with with the information that had been presented to the

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board had you testified yourself would that information be consistent with what was presented

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mr smith oh yes okay and so you're not you're not making many modifications or um adjustments to the

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information that had been submitted correct i am not all right i would submit on that

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questions from the board um did i hear you correctly that the renderings that you're

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showing us now were not presented to the rco that's correct so we had the uh layout that had

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been available but the actual pictures that shows what it would look like were not available at that

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time it was not um finished yes can i can i augment that a little bit three of the six renderings

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were presented um we weren't exactly we didn't expect that we were going to receive commentary

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on the signage projection at the time and did not present um i think three of the renderings

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that speak to the projection, but the rent, like the sign was presented.

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So if we scroll back a little bit on the left-hand side,

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I can identify what was presented to the renderings, right?

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So that one was presented.

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The next one, 13 was presented.

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Okay.

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14 was presented.

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Okay.

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This was not presented.

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