civus
Hearing video

ZBA Hearing - June 14, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jun 14, 20235h 49m

recommends no change to the existing commercial mixed use zoning the proposed use will not cause

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detrimental impacts to the neighborhood beyond what might normally be expected the city planning

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Commission recommends that the Zoning Board grant the special exception. MI 2022-007-387-1440

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South 18th Street, I vote yes. Thomas Holloman, my vote is yes.

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Ms. Mel Shaheed, my vote is yes. Ms. Carter, you have your votes. Thank you so much. Sure. Number two,

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MI-2022-004-353-1208 Day Street.

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Nishi Patel is the owner.

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This application is for visitor accommodations in an existing structure.

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The proposed use visitor accommodation is prohibited in the RSA-5 residential area.

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There is a letter of opposition from Fishtown Neighbors Association.

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All right, Mr. Chair, they will be rejoining us again as a panelist soon.

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Thank you.

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You're welcome.

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Hello, good morning, everybody.

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Can everybody hear me okay?

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And could you please state your name and spell it for the court scenario?

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Sorry. My name is Nishi Patel, N-I-S-H-I-P-A-T-E-L.

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

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Yes, sir.

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

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Absolutely.

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Good morning, sir.

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have yielded in all the documents and exhibits that are needed to proceed with this case

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in advance of this hearing? Yes, I have. Are you there, sir? Yes, I said I have.

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Okay, please proceed to show your screen. Absolutely. Thank you.

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You

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green button at the bottom says share screen there you go you're coming up yep okay yep proceed

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all right um this uh uh i'm uh giving this presentation on behalf of myself and my wife

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who is my co-owner for this property at 1208 day street um uh just to give some background

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on our proposed use. Specifically, we would like to use this property as a short-term rental

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property. It's a 1,000-square-foot single-family townhome, and about a two-bedroom, one-and-a-half

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bath. I have owned the place since 2013, and I lived there full-time until about 2017, and since

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then have used the place as a rental property, both long-term and short-term. Initially, I was

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granted a commercial activity license but i was notified that i would need a change of

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use permit and i've been going through that process um initially when i purchased the

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property uh i've generally tried to make uh take good care of it i've made the following

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kind of upgrades and repairs and renovations uh to just keep the place uh well maintained

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and in the 21st century if you will you know these include a near roof kitchen and bathroom

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renovations we've refinished the floors in the living room as well as the bedrooms we've

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sealed and finished the basement we've added central air conditioning um i replaced plumbing

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and also very recently replaced gas lines which were leaking um i repaired gutters and sidings

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and i had also replaced an electrical panel box that was old and sort of rusted out um

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you know this is sort of the address if you will we're in the fishtown area right near gerard and

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frankfurt avenue um this is an old exterior photo just what you would see kind of across the street

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um you know interior this is in the living room space oops um

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after our after i kind of renovated it um this is our kitchen area another angle of the kitchen

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area after i started renovating and furnishing it here's one bathroom here this is another bathroom

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There's one bedroom here.

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Here's another bedroom or another angle, the same bedroom, essentially.

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In the past, as I mentioned, I had this listed as an Airbnb.

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I would use this was sort of my policy, if you will.

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I'd have it only for up to four guests with no pets.

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There are no parking passes that says not to interfere with the neighborhood.

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You know, no parties.

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I have a noise noise aware monitoring device to make sure it's not getting too loud in two years that it was an Airbnb.

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There was no concerns of loud noises, music parties, you know, no complaints.

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We have a security camera system in place so I can tell who's coming and going.

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You know, we actually had also started using a valet trash service.

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So there's no trash cans ever on the street.

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essentially it's kind of like an app uh that i use um uh and somebody will come in and pick up

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the trash and haul it away every day um we have no smoking or drinking on the premises as well

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to help kind of keep any partying or any party goers down to a minimum

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um in terms of other maintenance you know i twice a year i get pest control and uh and and

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rodent control inspection to make sure there's no problems there. I make sure the plumbing is

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well maintained. We didn't have any snow this past winter, but I use a management company to

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handle snow removal. And my HVAC system is also generally maintained twice a year as well to

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ensure that it's running. So, you know, this is a house that I generally take pretty good care of.

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You know, right now, I actually I don't live there full time. As I mentioned, I live there. I live in York, Pennsylvania, about two hours away. And on holidays or weekends, I use the home as a second home. Occasionally, I have a part time job in Delaware as well.

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So when I, working there, I'll stay there as well as my own secondary residence.

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We don't really have any plans to sell the home.

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My wife and I was our first home together.

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We're very emotionally attached to the house.

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We love the neighborhood as well.

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And so if this variance isn't granted, we would still keep the home in our own name.

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we do you know the having the having the variance to use the property as a short-term rental

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property does allow us to have some

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Property does allow us to have some financial stability in terms of the maintenance of it as well.

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And just to show us, our ask is not necessarily out of keeping with other properties in the area.

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There are other Airbnbs listed while within kind of walking distance.

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I did go to the neighborhood RCO meeting.

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We actually had two meetings.

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The first was a split decision, if you will, almost a 50-50 vote.

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And I was asked to actually represent my case.

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And we did a second time.

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The second vote did not go my way.

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And there's not really any clear reason why the neighborhood RCO basically told me there were no specific concerns articulated.

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The neighbors just didn't feel like having an Airbnb there, although there are Airbnbs on that particular street already.

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Of note, you know, immediate neighbors on that, on our block, they have multiple ways to contact me if there's ever any issues.

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In this entire time, the only time I've ever gotten a call was about a leaking gutter, which was repaired the next week.

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and

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my immediate neighbors

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have generally been very supportive

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although unfortunately none of them were able to join

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on the meeting or anything like that today

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but that concludes my

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presentation and like I said I asked

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the board you know consider my request

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for a variance. Okay thank you

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questions from the board

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questions or comments from

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the virtual audience

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do not see any hands mr chair planning commission

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thank you chair bergman sarah bond philadelphia city planning commission

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s-a-r-a-h-b-a-n-h the comprehensive plan recommends no change to the existing residential

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single-family zoning the appellant has not shown that the property cannot be possibly used in strict

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conformity with the zoning code and that a variance is therefore necessary to enable

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the viable economic use of this property the city planning commission recommends that the zoning

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board deny the variance mi 2022 004 353 1208 day street i vote yes with proviso temporary variance

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expires

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6-15-26

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Thomas Holliman

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my vote is yes

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with proviso

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Ishmael Shaheed

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my vote is yes with proviso

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Mr. Patel you have your votes

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thank you

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thank you everybody and I appreciate your time this morning

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sure

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let's see here

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number five

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MI 2022-004-258-3959 North Fairhill Street. Jose Matos is the tenant applicant. This is a pro se.

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This application is for the retail sale of consumer goods and personal vehicle repair

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and maintenance on lot. No sign on this application. Proposed uses retail sale of

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consumer goods and personal vehicle repair and maintenance are prohibited in the RSA-5

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residential zoning district. No RCO letter, but there was a meeting held 8-16-22 by the

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43rd Democratic Board, per Council Member Lazada's office.

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Mr. Chair, this is Hillary. I just want to note that we did receive updated posting photos from the applicant this morning. So I can confirm that requirement has been met. And the council office did note that the meeting was actually held by Esperanza instead of the 43rd Democratic Ward, as indicated by the applicant. Thank you.

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Mr. Matos, if you are in the audience, please raise your virtual hand.

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All right, he will be rejoining as a panelist, sir.

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Thank you.

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Good morning, Mr. Matos.

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hi good morning good morning mr matos you're the ones going to be testifying right could

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Hi, good morning.

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Good morning.

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Mr. Matos, you're the one.

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you state your name please and spell for the court reporter jose matos m-j-s-e j-o-s-t

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matos m-s-t-o-s right my name is angela i'm actually his interpreter if if you don't understand

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So, we can't use an interpreter.

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If he needs an interpreter, we have to have our own.

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So, why don't we try to see if we can get through with him, okay?

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Okay.

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All 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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Do you swear to tell the truth?

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Yeah.

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Okay.

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All right.

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Thank you.

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I have, our vice chair has just a few questions for you.

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Okay, sir?

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Okay.

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Is he going to be able to do his presentation, ma'am?

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Yes.

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Good.

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All right.

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Ish.

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Yes.

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Good morning, sir.

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Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?

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Yes.

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Thank you.

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You can proceed and share your screen.

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Press the green button on the bottom of your screen.

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Thank you.

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So why don't we start going through it?

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i mean i think the easiest thing for you to do is to show us some photos of what you're trying to do

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so the front door for the garage right

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you put the posters up for the hearing right i see that okay okay

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these are the front of the door the little plate right

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mr matos how long have you been in business there

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like a year one year one year

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and did you purchase the building like that

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it was like that when you purchased it

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yeah

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it was over the entire shop

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yes

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okay

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show me a photo

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are you going to sell consumer goods too

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are you selling goods there too

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yeah use tire

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turn that over

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Okay

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Mr. Matos

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When you went to the

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Esperanza or the Democratic

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Ward meeting

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Did people

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Accept you, what you're trying to do

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At that meeting?

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yeah

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okay

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show me more photos of the

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show me the building one more time

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please the photos

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okay so

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so hold on a minute

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so where in that building are you selling

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consumer goods or are you just selling tires

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