civus
Hearing video

ZBA Hearing - August 26, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Aug 26, 20267h 14m

viable tenant yet we don't see any adverse impacts i mean we there are some but we would we would

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we intend to address them for the space in terms of public health safety welfare and traffic traffic

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and the customer density is less than what the Rite A would have been and the Whitman Council letter supports that.

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the right a would have been um and the whitman council letter supports that um we believe it's

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within the character in the context of the area so it's not out of character and it's surrounded

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and within large shopping centers so thank you thank you planning

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nina salamonic the planning commission in 2014 the zoning map was amended from i2 industrial to

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the existing ca2 commercial auto zoning at this location accord with the recommendation from the

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comprehensive plan the proposed use vehicle equipment and supplies sales and rentals is

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prohibited in the central delaware riverfront overlay district planning commission recommends

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the board deny the requested use variance um mi 2026 002 175 30 to 48 snyder avenue i vote yes

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michael johns my vote is yes cheryl gaston my vote is yes uh tenetta graham my vote is yes

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ryan mcadams my vote is yes hi i win my vote is yes thanks so thank you my mechanical ability

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would never have me be accused of working in the department you're not going to be a stage

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okay thank you thank you okay mike i'm sorry for my debutante question

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yeah yeah because it could because it's real i mean it's problematic it's problematic right

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oh here we go but number five mi and ron sorry we kept you so long number five mi 2026 002

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197 172 to 76 esta street richard de marco is the attorney

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i'm moving around you see the ends inside

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richard demarco have been promoted to pan thank you very much

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yeah i don't think i got promoted i'm here but i'm not a panelist

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can you hear me i can't share screen it looks like

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Dana, can you hit remote to payment? Thank you.

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I think that worked.

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Mr. DeMarco, could you please state your name and spell for the stenographer?

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Yes. Good afternoon, everyone. Richard DeMarco, last name spelled D-E-M-A-R-C-O.

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

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yes mr demarco could you identify your client a relationship to this property

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yeah the client is maple lane properties llc and ian kerr is the client he's uh in the zoom

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our vice chair has a few questions for you sir sure good afternoon have you submitted your

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documents and exhibits five days in advance for this hearing yeah i did all that okay and do you

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waive the reading that your refusals and stipulate to their accuracy i can waive and stipulate okay

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Okay. Thank you. You can share your screen and begin your presentation.

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And I see the 7th Ward RCO has sent a letter of support.

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All right. You should be able to see my screen. Is that right?

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We can, sir.

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Oh, great. So, Mr. Chairman, this matter is an unusual property. It's zoned CMX2, but I'm about to show you some photos, which I think will show you that.

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the uses that are typically associated with a cmx2 which would be a neighborhood commercial

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zoning district are really not feasible in any way shape or form i'm going to just jump to a google

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streetscape so you should be able to see this is the actual property it's a it's it's very

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industrial the history of the property is very heavy industrial use let me just swing so you

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You can see there's a little bit of residential here, but it's a brick, tiny brick, cobblestone street.

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You can see it here.

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There's basically the back of parking lots, some industrial buildings, and it's basically a very small, off-the-beaten-path property.

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The applicant, my client, would not be able to secure and has not been able to secure any type

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of viable CMX2 consistent use like office retail or anything like that. No one would see it. No

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one would go to it. And there's no walking along here at all. It's tiny sidewalks, as you can see.

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All right. So back to the exhibits. We were refused for use and for a parking space. Let me jump to

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our floor plan so you can get a look at that here's some of our postings

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floor plan. So you can get a look at that. Here's some of our postings.

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This is the interior. You can see it's a warehouse building to begin with. So here's the floor plan.

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This is an auto repair. No body, no fender, no painting work. Simple auto repair. There'll be

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three mechanical bays we put on the floor plan, no spray, no body work. Let me zoom back a bit

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here. Yeah. So there's room within the property. There is one parking space here for staging,

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but there's room inside the building to stage any cars that come in. And there's really not

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room to put them out there anyway, even if that would be the intent. So, and I do have the tenant

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available for any questions as well, should you need that. So, we met with Angel Cruz's award.

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Oh, by the way, before I forget, Mr. Chairman, there is a revised plan form. We did our original

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application called for four repair bays. There's three, which actually results in more room within

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the property for maneuverability um and the total area of the car lifts was reduced to

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1080 square feet so i would ask for a proviso one page um uh revised plan what what we have

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now is maximum three bays am i correct okay and we'll change that's what you have now correct

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no that's correct okay sure thank you yeah and i'll put this up so um we believe obviously a

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clear case of hardship as you can see this is not a cmx2 block in any way shape or form

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it's got a long history one of my exhibits is the zoning uh history they're like machine shop

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type uses there's tire storage historically in this building um we do plan that it'll be totally

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self-contained um so really that's my presentation i have ian kerr and the tenant available for

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questions of nine to five operation and um all the proper lights is the the tenant is an experienced

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auto repair businessman he's got other locations so he knows what is required and what is needed

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obviously you'll have all the the requisite licenses and he will have a commercial hauler

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all the appropriate waste haulers that are needed so with that mr chairman i would ask

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ian kerr to raise his hand virtually to accept my question

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ian kerr has been promoted to panelists

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i sure could you please state your name and spell for the stenographer

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hi yes can you hear me i can't yeah okay yes uh my name is ian kerr it's spelled i-a-n-k-e-r-r

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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, I do.

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Counsel?

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Mr. Kerr, did you hear my presentation of the board today?

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Yes, I did.

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Was it true and accurate?

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Yes.

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And can you adopt it as your formal testimony in the case?

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Yes.

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Mr. Chairman, that's all I have for Mr. Kerr.

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I forgot to mention Mr. Cruz and his ward were in support.

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He understood the nature of the property and was fine with the use.

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It's needed to sit there.

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I have the tenant as well, if you want to question him.

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You have what?

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I have the tenant available as well, if you wanted to question him.

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But Ian is the one who's going to run the shop, right?

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No, the tenant, Ian, is the owner.

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I'm sorry.

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Why don't we bring on Mr.

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Yeah, why don't you bring on who's going to run the shop?

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That sounds good.

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um drew uh please raise your hand virtually so we could unmute you and bring you in to testify

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mr drew morales has been promoted to panelists that's him

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well i don't have specific questions of drew so go ahead and the board can ask questions as they

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see fit although let me let me swear at first drew thank you yeah hi do you swear or affirm

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spell your name please and state it for the board all right so my name is andrew a-n-d-r-e-w

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morales m-o-r-a-l-e-s do you swear or affirm to tell the truth the whole truth nothing but the

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truth yes i'll do so i want to talk about the general operation of the place how do you get

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rid of old oil and things of that nature because you're going to change oil there right so yeah

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we have 250 gallon drums that are pumped out so throughout the summer we pay for oil to get

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pumped and in the winter they pay us to take the oil away okay questions questions from the board

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how many how many cars are are you going to be are going to be stored in the in the site

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at one time stored we don't want mainly store anything well well so so people

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stored we don't want mainly store anything well well so so people come to be serviced how many

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people generally do you expect to be serviced probably three to five a day okay and so nothing

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stored on the site people come and so but cars are never left there overnight uh occasionally

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we have to wait for parts because you know that's the only thing that holds us back from certain

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things okay and so the maximum is is three or four that would be there and and no one would ever be

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parked outside on the of course there's no room but no there's only one parking space we use

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okay all right thank you other questions all right um so how many bays is it three it's only

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yes three three bays okay how many lifts that's that's the same thing right uh drew

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the bays are left yeah every bay services one vehicle so if it's three bases three vehicles

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four bays before and so forth all right okay and there won't be any kind of body fender work

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no spray painting anything like that no and so the services are basically what oil changes tires

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we i do mostly wiring and uh little specialties so we do wiring lights basic maintenance breaks

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oil changes stuff like that wiring yeah okay and you do have hazardous waste disposal for

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um the oil is that yes so be a third party collect the oil third party collect the trash

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okay and that's whether it's oil or automatic transmission fluids all those kinds of things so

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all oils are considered the same the only thing different would be cool and that's

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stored in a separate container picked up by a different company gotcha okay and what are your

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hours so we do nine to five and in the winter we change with daylight savings so we'll change the

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time a little bit for the winter okay and you said how many you could service in a day you

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said four or five three to five depending on day of the week okay and absolutely no

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parking outside of the there's nowhere to park yet at all

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other than the one dedicated spot yeah we have one dedicated spot in the driveway that's it

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okay all right thank you all the questions

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okay questions from our attorney um i have a couple questions i just wanted to clarify

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you're not having parking the parking would be basically in the bays is that correct so if you

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look at the diagram the floor plan is open so the bays are toward the rear so the entire rest

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of the garage is used as parking and pulling parking i meant outside the building like you're

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not there's there's physically nowhere to park if you look at the map there's a thousand poles

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outside and no sidewalk just wanted to clarify in case we were missing a request for parking

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secondly what kind of vehicles are you actually repairing it says commercial but are you uh

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preparing i'm sorry repairing not preparing uh repairing like like say if i brought my car in

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or you're looking at you know buses you know what are you looking no we fix tow trucks we do lighting

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on tow trucks and basic maintenance like oil changes and brakes and then vehicles the same thing

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i'm sorry so you're looking at sizes of tow trucks and that size i'm just trying to clarify

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if this should be yes it's all medium duty and regular cars okay so not regular cars like you

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know someone like if i brought my nissan in you wouldn't be repairing that yes we repair medium

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duty trucks so which is the f-250 f-350s things of that nature and then regular pickup trucks and

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vehicles so it'd be passenger light vehicles small sedan compact cars things of that nature

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i think what he said he would be able to service your nissani but it's he has a specialty with

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trucks am i right but mr demarco i think what she's trying to say is she doing commercial

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vehicles right it looks like it's both so we might have to do a proviso with regard to that

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it's there's both uses commercial so we do what we do with lighting which is wiring we do lights

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flood lights uh amber lights emergency lights things that nature on trucks

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yeah i mean if you think of prizes needed that's that's fine i i understand it would be because

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your request was just for commercial if you're going to do personal you have to have that you

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have to have that use both uses have to be approved via your application okay

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obviously we would request that if that's that's if that's needed I mean if not you

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would have to get an amended no no we don't want to we don't want to do that that's why

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so no no we don't want to we don't want to do that that's why i'm suggesting what i said thank you

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I'm suggesting what I said thank you

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that's fine it would be use would be limited to personal uh vehicle repair and maintenance

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and commercial uh vehicle repair and maintenance i would list both of them out use limited to

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personal personal vehicle repair and maintenance and commercial right vehicle so that we have both

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uses on the um decision so there'd be no you know computer questions from the virtual audience or

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here i see no hands here um planning commission

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ina solomonic the planning commission the comprehensive plan recommends a change from

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the existing cmx2 commercial mixed-use zoning to rsa2 residential single-family attached zoning

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at this location the existing and proposed zoning do not allow the proposed use and intensity is

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not in keeping with the existing residential character and use of the block the planning

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commission recommends the board deny deny the requested use variance in my 2026 002197 172 to 76

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west east street i vote yes with proviso maximum three repair bays use limited to personal vehicle

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repair and commercial actually i was clarified by hillary we should say approved uses are

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let's say that again approved uses are the personal and the commercial uses are the personal

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and commercial vehicles and if i may mr chair i think we need the uh proviso plan form proviso

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the uh we our original application had four bays and we reduced to three i reduced it to three

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right that's oh okay very good thank you that's why i said the proviso i got you first thing i

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said was maximum three repair base very well thank you okay uh michael johns my vote is yes with

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provisals

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cheryl gaston my vote is yes with provisals tenetta graham my vote is yes

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for provisals brian mcadams my vote is yes with

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provisals hi i win my vote is yes with proviso thank

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you mr tamarco appreciate you have have a good one thanks everyone

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number six mi 2026 002 206 71 10

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Mount Airy Terrace, Harold Johnson III, and Shiana Flynn.

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And this is going to be here and hold, am I correct? Correct Mr. Chairman.

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Are you involved in this ma'am? Sure, come on up.

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uh we're going to hear the case and that means we're going to hear it and we won't vote on it

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today oh you're good thank you harold johnson

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do we see mr johnson's hand yes chair he's here and he'll be joining as a panelist shortly thank

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you very much good afternoon hi good afternoon sir could you please state your name and spell

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for the stenographer? Harold Johnson, H-A-R-O-L-D, J-O-H-N, S-O-N. Do you swear or affirm to tell the

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truth, the whole truth, and nothing but the truth? I do. I see a letter of support from the West

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Mount Airy Neighbors Association. Our Vice Chair has a few questions for you, sir. Sure. Good afternoon

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or evening. Have you submitted your documents and exhibits five days in advance of this hearing?

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we have and do you waive your the video of your refusals and stipulate to the

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the accuracy i do not stipulate to the accuracy of the refusal refusal as written uh we agree

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with the majority of it but would like to briefly clarify the parking and rear side yard refusals

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May I share my screen? Yep. You can do that as you proceed with your case. Thank you.

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So, with regards to the refusal concerning the lack of off street parking, the inspector misread the drawings, the plan provides the required off street parking.

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So the actual parking issue is its location within the required yard setback.

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so the actual parking issue is its location within the required yard setback now we'll show those

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