civus
Hearing video

ZBA Hearing - December 10, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Dec 10, 20256h 33m

Tanetta Graham, my vote is yes with Proviso.

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Ray McAdams, my vote is yes

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with Proviso. I win, my vote is yes

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with Proviso.

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Maybe just stay there, right?

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So I have,

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just so we're clear, I have two more with you

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in the two o'clock

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list. Correct. And I want to go

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and get ready for the 3.30 list

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and you're the only one

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that'll be heard on that, okay?

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Okay, sorry for keeping the board.

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So here, so we're going to do this.

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We're going to hear them both together

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but vote separately is what we have, okay?

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Understood.

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So MI 2025-004-750-227 Fairmont Avenue,

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TB 263-537

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and then 13 is

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MI 2025

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004-751-227

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Fairmount Avenue

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TA 263-537

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The letter of support from Northern Liberties

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Neighbors Association

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Could you identify your client and relationship

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to the property? Sure, my client

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Mine is Fairmount Residences, LLC, and the principal of that LLC is on the call.

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His name is Mayer, M-E-I-R, Badush, capital B-A-D-U-S-H.

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Our vice chair has a few questions.

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Good afternoon.

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Have you submitted your documents five days in advance of this hearing?

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I have.

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And do you waive the reading of the refusals and stipulate to their accuracy?

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I do.

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Okay, thank you. You can share your screen to begin with your case.

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Okay, thank you.

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You can share your screen and begin with your case.

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Thank you.

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Is that visible, Mr. Chairman?

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Yes.

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Okay. So there's two proposals before the board today, two applications, 227A and 227B. I'll do B first, but the testimony for B would also apply to A. And when we get to A, I would ask that the testimony submitted for B be included within A.

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Okay, so this is a demolition of existing garages and the replacement of those existing garages with a front facade of a garage and parking spaces behind it.

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And I'll explain that as I walk through.

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Table of contents, A1 to A10.

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That has to be admitted into evidence.

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And here's the refusal.

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So demolition of an existing fence.

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It's really not a fence.

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their garages, and the erection of a new fence wall, which is really not a fence,

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it's a front facade of a garage, and the inclusion of two accessory surface parking spaces,

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accessory to two single-family homes, both of which we have approval for.

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And I'll explain this as we go forward.

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So the one refusal has to do with the height of the so-called fence is 12 feet high and has no opacity,

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whereas a fence is supposed to not exceed four feet in height

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and be 50% opaque.

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The second issue is accessory parking has to be accessed

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from a shared driveway, alley, or a rear street.

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And when I show you the photographs and the renderings,

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there's already existing garages there with curb cuts.

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And again, we're removing the garages

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and putting open-air parking spaces with a front facade that looks like a garage.

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We do have a letter of support from Northern Liberties Neighbors Association for both 227A and 227B.

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All right, here's the photograph, so let me give you some context.

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This is Fairmount Avenue where my cursor is, and to the right or to the east is American Street.

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This is an overgrown area.

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The trees have been removed, and there's two single-family homes going up on each of these addresses.

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And the idea is these lots, and I'll show you site plans, are kind of shaped like L's,

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and the L ends up on American Street, and that's where the parking's going to be.

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So again, I'm looking westbound.

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This is American Street in the front.

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Existing garage is here.

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the lot literally will go west and then turn

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south. And there's two homes where these trees are.

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Another shot, just to give you context, American

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Street and Fairmount Street on the front. These are the garages.

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Now we're looking southbound on American Street. These

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garages are going to be removed. And these are the

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two single family homes that I talked to you or mentioned earlier on on Fairmount Avenue.

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Now, you can see the rear of the two homes that I just showed you on Fairmont Avenue.

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And when I show you the actual site plans, I think it will all come into context for you.

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All right, so here are the plans and here are the lots.

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At one point, and I'll show you the lot consolidation plan, at one point there were five lots within these two existing lots.

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They were consolidated into two lots.

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Both lots are shaped like L's.

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off of Fairmount Avenue or the single-family homes,

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and then to the right or to the east will be the two parking spots

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and then the front facade of a garage.

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Again, Fairmount Street here, existing house,

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already have a zoning permit for that,

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and I had that at the end of the presentation for both 227A and 227B.

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The lot then goes north and then eastward, and the two parking spots for 227A will be here, and then 227B adjacent.

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And American Street is right here.

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So this line, this gray line that you see, that is going to be the front facade of two open-air parking spaces.

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We included the floor plans of the house just to show you what the outline was.

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But again, I guess the most pertinent plan would be the first floor, which shows, you know, living, dining, kitchen area.

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plan would be the first floor, which shows, you know, living, dining, kitchen area, and then

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access from the rear sliding doors to a rear yard, and then another walk area to the parking space.

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Space is two of them. So here's what it will look like. If you walk by the front of this property,

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you're going to think it's a garage, but it's really not a garage. It's just a, and that's why

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The refusal indicates that it's a fence because it's not a complete structure.

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The L&I examiner looks at it and interprets this, rightly so, I think, as a fence.

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And it is 12 feet high.

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It's a roll-up gate.

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This is what it will look like, you know, in the evening with some lighting, decorative lighting, looking down on all three sides of the front.

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And again, in the back, you can see that the homes to which this garage is attached and this garage is attached.

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And it really isn't a garage. It's an open air parking spaces.

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We do have streets approval for the turning radius for the two accessory parking spaces.

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And this is what I alluded to at the outset. And I'll blow this up a little bit for you.

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So at one point, these were five lots, three on American Street, two on Fairmount.

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They were consolidated to now look like the two L-lots, which I showed you on the other plans.

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There was a curb cut on Framount Avenue.

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We're eliminating that, and there are existing curb cuts on the garage.

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Garages, plural, on American Street.

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Again, this is a shot looking east on Framount Avenue.

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Application for appeal, project information form, tax, clearance indicating no taxes are due.

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Zoning map, again, you can see the five lots, one, two, three, four, five.

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Again, not to be redundant, but they were consolidated, single family home built,

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and we're looking for two accessory parking spaces for each of the homes.

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the deed indicating ownership on my client notice letter sent out to 224 residences

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all the addresses and these are just the prior zoning records to put everything into context

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for you that we did get planning approval for the two single family homes as well as a lot line

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relocation, and we also have zoning permits for 227A

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and 227B, and I can walk through those.

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This is the original zoning plan for the two single-family

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homes, and the lot line relocation, we do have approvals

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from the City Planning Commission.

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Lot line relocation permit,

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here's the five addresses, two on Fairmount, three on North American,

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And here are the two single-family permits for the two homes on Fairmount Avenue.

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And this is the street's approval.

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I showed you the plan before Stamp by Streets, but this is the actual document with the street's approval for the two accessory access points.

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so we in summer we have a situation where we had parking with curb cuts on american street

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with a full garage we're basically duplicating the parking spaces but without the full garage

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you might ask yourself why are you doing this why you know why don't you just have a full garage

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i want to take you back to the to the site plan

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And one of the reasons is because of the nature of the lots.

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Clients just thought it would be more open area, more space in the rear of the home rather than have a garage and bunching up the yard and bunching up the rear of the property.

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And again, we're duplicating basically what was there without a solid structure.

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We're not impacting light and air.

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We're actually bringing in more light and more air to the properties that are adjacent as well as to the subject properties.

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We're not impacting the development of any adjacent property.

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We're basically in harmony with what the community supports and in harmony with what was there before, i.e. curb cuts and parking.

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And with that, I would ask that I could bring my client, Mr. Boudouche, if you could raise your hand and be on mute it.

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Hi.

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Mr. Boudouche, please state your name and spell it for the stenographer.

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please state your name

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and spell it for the stenographer

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yes my name is

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Yes.

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M-E-I-R

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last name B-A-D-U-S-H

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do you swear or affirm

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to tell the truth

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the whole truth

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and nothing but the truth

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I affirm

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counsel

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Mr. Pradesh

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were you on the call

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when I presented your project

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to the board

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yes I was

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and if you had the opportunity

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to testify

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would you adopt my testimony

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as your own

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is true and correct correct yes you have anything you wanted to add or that i omit it

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um no i think you're doing a great job thank you thank you mr madosh henry he has both right

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yes both 227 a and b questions from the board yeah what's the separation what's i'm sorry what's the

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separation between the the properties at the bottom and your your your parking that's going

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be a six foot high fence i can show it to you on the plan mr johns okay uh let me find that

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okay so it's so there's so you've got this sort of brick yep so what is that a state fencing or

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Or is it just like a chain link fence?

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On the plan here, because I looked at that earlier, kind of anticipation of your question.

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And the architect is on the call, too, Ryan Salomeo.

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There's reference to a six-foot-high fence, if I can only find it.

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Here it is.

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Six-foot-high fence at property line.

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Okay.

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So it just doesn't say the material.

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I got, I'm just, cause you spent, you know,

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they're spending some, some significant funds

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on that sort of exterior.

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And, you know, hopefully it's not a chain link fence.

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It's, I guess, what I'm trying to get to.

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Right.

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Well, I would, Ryan, are you on the call?

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I don't think Mr. Padush you're going to put

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a chain link fence on, are you?

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No, absolutely not, no.

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Okay.

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All right.

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Give me something nice, decorated,

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something that the neighbors,

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our neighbors will appreciate as well.

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All right.

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Thanks.

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other questions yeah i had a question about the lack of opacity at the garage door

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