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Minutes of the Special Meeting of Council Monday, June 4, 2012 Page 3 . PRESENTATION OF TESTIMONY - . (Testimony is limited to 15 minutes from each party) Appellant Charles Kinnaird has the right to reserve a portion of his 15 minutes for a final rebuttal if he so chooses. Charles Kinnaird 294 SOM Center I originally came up to file an appeal for the variance and setback primarily for the east border which abuts my property. Pretty much all of the setbacks were approved and i felt that it was a little bit too close with the parking lot only being 20 feet off my property. With the construction of it, it would kill any kind of mature tree that I have with the drainage and grading that is going on there. The root system would all be destroyed. I was only asking for, not the whole east boundary, but from where my property was adjacent to. Basically about half of that to be brought back a little bit further. The building was at 100 feet. It's now at 57 feet away from my property. I was concerned about the privacy, the height of the building, just looking into my backyard and other things as far as people being in the backyard, being so close to them. Mike Gatto and myself fmally got together this evening. We went in the back and talked over a few things. Hopefully he can do some buffering where I am still going to have some privacy. If we had mounding or something, to have a safe grade for me to mow, it would actually take away half of my backyard. So right now, I am reluctant but I am in agreement with Mr. Gatto that if he can take care of ine as far as mounding, he said he would put trees in and do some drainage work and would try and keep a few of the mature trees if possible in the backyard. Right now, I will kind of retract the appeal because of the meeting that we have had. Council President Buckholtz asked, what is the process? Ms. Calta stated, Mr. Kinnaird, this is your appeal, so if you would like to withdraw it at this time, you certainly can. The only note that I would make is if you do withdraw it, it is withdrawn. It's not something you can renew at another time. However, this matter will be going through Planning again. When it is presented to Planning in more detail as far as the actual plan. The other option that I would throw out to you is if you wanted to continue this hearing, however it looks like you are in a position that you are working with Mr. Gatto and you would like to proceed down that path. Mr. Kinnaird stated, we touched on a lot of things. I want to be involved. I want to be in meetings with the engineers as far as how they are going to divert water and the drainage and what we can legally do as far as the heights of fences, the heights of mounds. Like I said, I don't want to lose half of my backyard to put up a mound to keep my privacy. That's my biggest thing, is losing it and that's why I propose to just my property line only, not the whole east property line, just leaving that setback to where it was. Council President Buckholtz stated, as I said, whenever we can work things out without a legal fashion, but I just wondered if we would still want to, we swore in other people. I do have some