civus
Hearing video

ZBA Hearing - December 6, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Dec 6, 20234h 7m

Catherine Street is a smaller street. It's not an alley. It's not a thoroughfare street, but it's

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sufficient enough for a car to go westbound on Fulton Street. The property is four homes off

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the corner of 22nd street again just another view of the property from the rear we're going to take

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down the the one-story addition in the rear and have a parking space in the rear of the property

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this is another aerial view just to show you that there is already parking off of fulton street and

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this is saint albin street where my cursor is to the north uh and captain street to the right so

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there are other cars that are already parking using Fulton Street as a thoroughfare. This is

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the front facade of the building, and you can understand when you see it why we preserved it.

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We're going to keep the cornice line. We're going to keep the windows, the arc over the windows.

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The pointing is pretty solid. We're going to tidy that up. We're going to restore what was

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behind this faux stone. It's more of a marbleized look. We're going to keep that at something that

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community group wanted and frankly my client also wanted it too pictures of our posting this is

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posting on fulton street there's a door right there now which we're going to eliminate here's

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the plans originally submitted these are revised plans and we do have one page revised plans if the

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board looks kindly upon this application this is the floor plan it's going to be existing first

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floor existing existing second floor existing basement uh the third floor is what we're

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proposing to add to the property with a rooftop deck on the far right it's going to be living

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room dining room kitchen on the first floor two bedrooms on the second and a master on the third

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floor this is the revised plan revised elevation

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Again, keeping the facade as is, removing the fake stone that's on the lower part of the building, a mansert roof.

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We've changed the slope of the roof as per Sazza's request.

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We've changed the type of the roof over the mansert roof.

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We've changed the degree that the vertical face of the mansert roof projects.

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And we've also detailed the trim around the mansert roof.

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This is the rear of the property.

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Again, we're out of the third floor, hopefully, parapet wall with a pilot house and rooftop

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deck.

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We have a sliding glass door, which comes down into the yard as a means of egress in

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the rear of the property.

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To shrink this a little bit, this shows Fulton Street at the top of this depiction.

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There will be a new curb cut.

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We do have streets approval.

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i'll show you that in one of the next slides we have parking area now we have a step down

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wooden step off the sliding glass doors to exit the rear of the property

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this is streets department approval of the plan that we submitted to them for the curb cut

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and for the turning radius i wanted to show the board some more photographs of the front

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of the property more importantly Fulton Street this is our property to the left with the the

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This is our property to the left with the red color cinder block wall, which will be removed.

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red color cinder block wall

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Fulton Street is about six feet wide and the sidewalk is about three feet.

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So the nine feet gives you ample turning radius to get in and then to back out and proceed to Fulton Street.

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Just showing you the bad condition of the property that would be completely renovated.

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This back area here, everything will be removed, obviously, for the parking space.

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The remaining documents are the application for appeal.

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Our tax printout from the Philadelphia Tax Center indicating zero real estate balance.

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The zoning map, again, this is all RSA 5.

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We're going to continue with the RSA 5 usage.

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The deed indicating ownership.

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Notice of our mailing, mailed out about 185 pieces of mail.

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community group was well attended so in conclusion our presentation is

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basically in conformance with what the neighborhood group is suggesting for

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any all projects that are adding a third floor we are not altering the

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essential character of the neighborhood we're keeping it a single family we are

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not changing anything with regard to the use of the Fulton Street. It is used for parking now

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for one property on St. Albans, another on Catherine Street. My client has another project

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at 2237 Catherine, where the same proposal will be made. We're in harmony with the code.

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We're certainly in harmony with the community group, and we're not impacting any adjacent

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properties development or their light and air mr chairman uh so with that i would ask my client to

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unmute himself mr conway if you could unmute yourself i'd ask you to adopt my testimony and

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then henry henry let me ask you this question first i i understand all of them explain the uh

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insufficient setback for the roof deck okay so typically when you ask for a third story

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on a block where there's two story properties to either side the the code wants the third floor

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set back eight feet now i'm not asking about the third floor i'm asking about the roof deck

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oh okay i understand yeah yeah i understand that one okay so on the roof deck because there's no

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setback there the and the code calls for eight feet the examiner is reading it literally saying

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that the third floor should have eight feet back right and we're not we're not having eight feet

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back because we don't have the setback we have the typical five feet back which you which is required

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on the on a front setback of a facade that's why you're at five foot right right okay all right

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thank you mr conway can you unmute yourself yes i could you state your name please and spell for

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the court stenographer yes it's colin conway c-o-l-i-n-c-o-n-w-a-y right do you swear or

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affirm to tell the truth the whole truth nothing but the truth yes proceed counsel uh mr conway

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were you on the call when i presented your project yes i was if you had the opportunity

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to testify would you adopt my testimony as your own and as true and correct i would

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Thank you, Mr. Conway. Thank you. Questions from the board? No, Mr. Chairman. No, Mr. Chairman.

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No, Chair. Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair. Questions or comments from the virtual audience?

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I see no hands, Chair. Planning Commission. Thank you, Chair Bergman, and good afternoon,

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david vecto with the city planning commission chairman and board members the comprehensive

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plan recommends no change to the residential single-family zoning at this location

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the appellant requests dimensional variances to build a third story with a roof deck

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both variances are consistent in character with other three-story homes on the 2200 block of

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katherine street city planning commission recommends the board grant the dimensional

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variances from the roof deck setback and front setbacks provisions in the zoning code

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how about the parking was that okay did you talk about that uh oh sorry yeah yes so we're we're

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uh supportive okay all right thank you i just wanted to be sure that's okay thank you so mi

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2023 004 637 2209 catherine street i vote yes proviso revised plans one page stamp by cba

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on December 6th, 2023.

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Thomas Holloman, my vote is yes with proviso.

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Thomas Holloman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso.

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Thank you, counsel.

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Thank you, Mr. Chairman. Have a great day.

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Right. Number 16, MI-2023-004-603, 4934 North 3rd Key Street.

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recommendation of support

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from the Logan

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Civic Association

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Sean Ward is the attorney

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Mr. Ward is coming back in as a panelist

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okay

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good afternoon mr chairman mr ward good to see you absolutely could you state your name and

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spell please for the court stenographer yeah my name is sean s-h-a-w-n last name ward w-a-r-d

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esquire counsel for the applicant logan hope school uh for the subject premises right do you

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swear for him to tell the truth told truth nothing but the truth i certainly do our vice chair has

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good afternoon counsel do you agree to wave the reading of the refusal and stipulate towards

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accuracy yes i do have you emailed in all the required documents and exhibits that it's needed

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and required to proceed with this case five days in advance of this hearing yes i have

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thank you please proceed i see you've shared your screen already thank you very much uh mr chair

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members of the board. I've submitted my exhibit packet, typical exhibit packet, which you'll see

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on the screen. Pardon me. I represent Logan Hope School, which is the owner of the property and

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the applicant for the subject premises at 4934 North 13th Street, calendar number ending in 4603.

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This is an application for the erection of a six-foot-high accessory fence.

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Logan Hope is a Christian school located at 13th and Ruscom, serving predominantly the Cambodian community in the area.

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They seek to erect a six-foot-high ornamental fence at the property, number one, to protect the children, and number two, to prevent further theft and vandalism at the property.

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The refusal is for a four-foot maximum height is permitted.

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Six-foot is proposed.

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The refusal also indicates that it's six-foot-five at the rear, which we disagree with, which I'll address as we move forward.

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In any event, we seek dimensional variances today. That is the notice of refusal at A1. A2 is the application of appeal. A3, project information form. A4, copy of the deed. A5, proof of tax clearance. A6, a site plan from the archives. A7 is the elevation plan as filed with the application.

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A8 are photographs, including posting, the subject property, an existing fence on the property, street views, aerial views.

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A9 is the aforementioned letter of support from Logan Civic.

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I believe Charles Richardson may be on the call, and he will address the Councilwoman's concerns or position.

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with the right to develop a relevant zoning history at A11.

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In the 30s, 40s, 60s, maybe into the 70s and 80s, it was a multifamily dwelling.

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The Logan School obtained its first zoning permit in 2001 for the subject school

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and after school program and community center.

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Another application was filed in 2006, reiterating or confirming that use.

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A-12 is the zoning map, and A-13 is the aerial photograph.

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With regard to the application, the application was in fact filed by the applicant's contractor, Glenn Wesley.

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He indicates in the appeal that the property has been broken into four times, and they are carrying off furniture, grills, and other large items.

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The six-foot fence would, you know, help prevent that, in addition to helping protect the young children that play in the outdoor yard.

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Again, they referenced that the rear of the property, it was six-foot-six.

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However, I would point out. Can you see this photograph? Yes.

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However, I would point out, can you see this photo?

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OK, this is from the Ruscombe Street side. The white building back here is the subject property.

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As you can see, the property is elevated at the rear. And by the time you get behind our building, it's almost six feet high.

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I mean, this right here is a garage located at a subject property to the rear.

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And I would point out that Logan School, Logan Hope School owns and operates this building, this corner property, this building here, and the one directly to the right on Ruscom Street.

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So they basically own the owner operator control of the entire corner.

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Getting back to the exhibit packet.

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So, again, the yard is raised three feet from the sidewalk at the front and up to maybe six feet at the rear.

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So, as such, they believe that the six-foot fence would prevent burglary and further protect the students as they play outside in the area.

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We have our project information form.

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We have the notice of refusal for the subject property for the subject fence, the two referenced refusals, as previously discussed, attached as a copy of the deed.

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Ken McBain and his wife, Anita, are the folks that created and chartered the Logan Hope School.

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They did convey the property to Logan Hope in 2003.

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Moving on, we have proof of tax compliance.

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As you can see, the property is surrounded by a yard on three sides from the front to the rear.

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Again, this is the sketch plan submitted with the application.

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As you can see, the proposed fence is an aluminum ornamental type fence.

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It is not a chain lick nor stockade fence.

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It is see-through, however, it does provide the height for both the protection of the students as well as preservation of the quality of, you know, possessions on the property.

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The property was posted in accordance with the code.

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Here is an angle photo, again, the subject property with the blue roof.

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Logan Hope also operates out of the building on the corner.

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They are owners of the subject property at 1302-4 Ruscombe Street.

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That was the subject of a zoning variance hearing many years ago that I presented.

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And they also have acquired the property next door to that.

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Here is a street view.

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This is the existing landscape wall with the existing chain link fence on top of it.

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We seek to replace that with the ornamental fence, which would add to the aesthetics of the neighborhood.

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and provide the security needed for the school.

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As you can see, the children do play in the yard.

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And again, it would provide that additional security

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and peace of mind.

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There's some several photos.

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This is a street view of North 13th Street.

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Another one in the opposite direction,

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as you can, again, see the defense in the photographs.

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The applicant did meet with Logan Civic by an overwhelming vote of 27 to 1.

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They voted to support the application.

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And, of course, we have the zoning history attached to the application.

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The property is owned RTA residential transitional.

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However, the variances are longstanding.

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And again, just another aerial view of the subject property.

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I do have two representatives on the call from Logan Hope, and I believe Jim Sandoval.

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I asked him to click raise his hand at the beginning of my presentation, and if he could be allowed to speak, he will verify it at that.

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Jim Sandoval, please unmute yourself.

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yes this is jim speaking hi hi sir could you state your name and spell please for court

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sonographer yes my name is jim first name jim jim last name sovacool s-o-v-o-c-o-o-l right

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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 i do proceed counsel uh jim you've heard my representation i'm sorry i what what is your

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Jim, you've heard my representation. I'm sorry. What is your position with Logan Hope?

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position with Logan Hope.

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I serve as the head of school.

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Okay. And you've heard my representations to the board today?

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Yes, I have.

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Are they true and correct to the best of your knowledge, information, and belief?

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Yes, they are.

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And if called to testify, would you adopt them as your own testimony?

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Yes, I would.

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Thank you very much.

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Do you have another witness or is that it, Sean?

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No, the other representative would verify and adopt if Jim was on.

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Okay. All right. Thank you. Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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