civus
Hearing video

ZBA Hearing - December 20, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Dec 20, 20237h 17m

Again, we have the sign posted right here.

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a photo shown that we did post notice of today's hearing and here we have the signage plan again

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we are simply looking to legalize a sign that has been already constructed on the property

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we do have support of the councilman and non-opposition from the community and this

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property is on CMS 2.5 although we are located among St. Joe's campus so this blue here as you

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can see surrounds the property and residential is in the rear. So although we do have a refusal

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for the residential properties that are to the rear, the sign does not light up. It does not

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have any negative impact on those residential zone properties. And there are other properties

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along North 54th Street, which are significantly higher and block the view of the sign as well.

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And as I mentioned, there are properties much higher. Here we have a structure from St. Joe's,

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this is the left of the property again this is larry steaks the view to the right of the property

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and this is a notice that we sent out on july 6th for the community which was held on the 17th of

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july a list of the properties that were notified notified excuse me of that meeting our certificate

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of mailing showing that we did a cross-end notice of the meeting our application for appeal

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our project information form the deed showing that my client doesn't in fact own this property

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and here we have our certificate of tax clearance the only balance that is due

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is that for the taxes for 2024 which are not due as of yet unfortunately my client

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couldn't save for the remainder of the hearing so i would ask that the court adopt

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my testimony excuse me stipulates my testimony

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So with that, I'd be happy to answer any questions that the board may have regarding this application.

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Is your client here?

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Unfortunately, you can stay for the remainder of the case.

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I understand. You're an officer of the court. We'll accept your testimony.

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Questions from the board?

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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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No hands.

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Planning Commission.

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So we're on Bednar City Planning.

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Property is indicated for neighborhood commercial mixed use on a city plan.

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There's no change to the existing zoning at this location.

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The applicant's hardship is not supported with evidence of any physical circumstances or condition of the property.

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It would prevent it from being used in conformity with the code.

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Therefore, we recommend request for vendors not be granted.

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May I respond?

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Sure.

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Sure. So we're not looking to change the use of the property or main zone CMS 2.5. The property

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is currently vacant. All that we're looking to do here is to legalize the signage that is

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above the property currently. So there are no changes or proposed changes to the use of the

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property. And this is the property right here. It's currently vacant. And this is a sign that

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we're discussing. Okay. Thank you. So number three, MI 2023-003-265-2449 North 54th Street,

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I vote yes. James Snell, my vote is yes. Ishmael Shahi, my vote is yes. Thank you, counsel. Number

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4. MI 2023-003-181-1516 South Broad Street. Roger Purry is the attorney. There's a letter

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of non-opposition from the South Broad Street Neighbor Association.

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Mr. Perry. Hi, Mr. Perry. How are you, sir? Could you state your name and spell it for the court stenographer?

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Thank you. Roger Perry, R-O-G-E-R-P-E-R-R-Y.

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

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I do could you identify your client the relationship to the property yes I'm here this evening with David Rosenwasser he's the owner and occupant of the property okay our vice chair has a few questions

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counsel do you agree to waive the reading of the refuser or stipulate to his accuracy yes I do

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um have you emailed in all the required documents and exhibits that is needed and required to

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have you emailed in all the required documents and exhibits that is needed and required to proceed

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proceed with this case five days in advance of this hearing yes we have thank you council

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please proceed and share your screen okay can we see that we can sir okay thank you um i'm here

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with Mr. Rosenwasser.

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This is for 1516 South Broad Street.

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Mr. Rosenwasser lives in this property.

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He purchased it in 2020,

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thinking that it was a duplex.

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The property was a duplex from 1966

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up until 2003,

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and somebody at that point

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asked to operate it as a single family,

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but it was not converted back to single family.

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When Mr. Rosenwasser began

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seeking work permits and so forth, it was indicated that it was no longer a legal duplex.

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So he's seeking to legalize this property now and continue its operation as a duplex

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that he's fitting out.

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So I have the refusal was, the application, the refusal was that this is on a South Broad

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street corridor it's in a uh i believe it's an rsa5 uh although yes rsa5 and that particular

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corridor has many many uh various uses multi-family as well as commercial and neighbors and so forth

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and so on um let me get down to some photographs and so forth this is the deed that indicates mr

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So Rosenwasser is the present owner and bought it.

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This was the tax clearance certificate.

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2024 is not covered, not due until March 31st.

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And we posted the property.

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This is the property itself in the front with the duplicate postings.

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Signs of the property.

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it's going to have two large units i believe they're 1100 square feet plus uh posting again

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this is a block there's a triplex down here this is the request for the duplex you see it was

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existing here these are photographs of the interior with a duplicate two entrance ways

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uh mr rosenwasser is uh living here uh and pending uh getting a second unit so this shows

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that the layout for his home notices were sent out to all the neighbors

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and i'm not sure there's anything else at the end here

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uh yeah there was a meeting uh 10 people voted nobody was in opposition

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this is from the South Street

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sorry

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South Street, South Broad Street

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Neighborhood Association as indicated by

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Mr. Bergman of non-opposition

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see what else I have here

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if anything helps the board

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we have a copy of the plans

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indicate this is a

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single unit, first floor

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another unit on the

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second and third floor

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in relatively large units and large open area and so forth and back.

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If there's any questions, I'll be glad to

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answer them, but because it was used from 1966

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as a duplex, Mr. Rosenwasser thought it was

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not out of character in the neighborhood with other multifamily

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commercial. Mr. Perry, is your client here? Yes, he is. Why don't we

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bring him in and adopt your testimony? Can you raise your hand, David?

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hello good evening yes sir sir could you state your name please and spell for the court stenographer

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yes my first name is david last name is rosenwasser spelled so d-a-v-i-d

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last name rosenwasser r-o-s-e-n-w-a-s-s-e-r right do you swear or firm to tell the truth

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the whole truth nothing but the truth yes please proceed counsel yeah david have you heard my

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presentation uh this evening yes i have and is it true and correct to the best of your knowledge

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information and belief and you can adapt it as your own testimony yes i can thank you

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from the board no chair 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.

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Planning Commission.

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Run.

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ron he's moving

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oh there is thank you on bed in our city planning the property is indicated for residential use on

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the city plan given the physical condition of the site we have no objection to the granting of the

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variance. Thank you. MI 2023-003-181-1516 South Broad Street, I vote yes. James Snell, my vote

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is yes. Ishmael Shaheed, my vote is yes. Thank you, counsel. Thank you very much. Okay, number five,

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MI 2023-003-242, 5947 to 57 Lancaster Avenue. Zen Jin is the attorney. Letter of support from

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the Ogrebrook West Neighbors Incorporated.

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Zhen Jin will be joining as a

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panelist.

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Good evening. Counselor, could you

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just state your name for the record? You've already been

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sworn. Yes, my name is Zhen Jin

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Z-H-E-N-J-I-N

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here on behalf of the app.

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Could you identify your client and the

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relationship to this property?

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Yes, my client's name is

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Ken Fei Li

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K-I-N-F-E-I

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last name L-E-E

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he is the owner of the property

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and our vice chair has just a few questions

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good afternoon counsel do you agree to

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wait in the reading of the refuse to

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stipulate to his accuracy

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I do

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have you emailed in all the required

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documents and exhibits that is needed

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and required to proceed with this case

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five days in advance of this hearing

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I have

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Thank you.

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Please proceed and share your screen.

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Thank you.

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I'm going to share with the board the documentation we previously submitted.

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Can everyone see my exhibit?

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Yes.

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Thank you.

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So this is an application to expand an existing business at the location of 5947-57 Lancaster Avenue.

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This is an auto repair business.

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the proposed addition in the industrial district triggers some additional parking space requirements.

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24 total parking spaces are required based on the proposed size of my client's business.

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What I'm going to do is go to the plans first because it's easier to see the discussion of

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parking on the plans. And then we can go back and look at the property itself. So the existing

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property has shop space already built. The blue section you see on this part of the plan is the

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additional indoor space that my client would like to have so that he can do longer term repairs

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for his clients. Part of the reason he wants indoor space increased is because right now his

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operating method is to always make sure his customers take their car away by the end of the

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day so that there's no safety concerns with the vehicles. With additional indoor space, he can

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now keep cars overnight, working on more troublesome repairs that his customers been

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requesting from him. Ken's a well-liked mechanic in the neighborhood. He serves the neighborhood

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for many years, and this is partly because of all the customers' requests that he started thinking

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into doing this expansion. As the board can see, we have a total of 20 spaces existing,

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but even with the addition, most of the spaces can be maintained. The idea is to actually keep

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indoor space to store cars overnight, which essentially will still be the parking space.

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It can be used during the day to shuffle cars if needed. Generally speaking, his shop never has a

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problem with too many cars being on the lot at one time. They do a lot of work. They try to do

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it quickly, and they don't keep any cars that is not functional on the lot for long periods unless

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it's able to be stored inside. So again, one of the main concerns with most mechanic shops of

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this nature is that they leave cars on the street. He has never done that. All his cars have always

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been on his lot, and the neighborhood is well aware of that. That is part of the reason why we

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obtained support from the neighborhood when he brought the proposal to the neighborhood.

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Many of the neighbors are actually his customers. They are very happy to see that he's trying to

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expand. If the board wants to see more details, I'll be happy to redirect to them. Ken is here

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with us to verify my testimony um with regard to this application sure i just want to show the

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board the actual site okay yeah thank you uh ken can you raise your hand virtually to be identified

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use the raise hand feature he did okay so sir could you state your name please and spell for

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He did. Okay. So, sir, could you state your name, please, and spell it for the courts that I've heard?

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the courts that I'm

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Yeah, my first name is K-I-N, Ken, and last name is Lee, L-E-E.

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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.

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Please proceed, counsel.

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Thank you. Ken, did you see my presentation before the zoning board and hear my testimony?

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Yes.

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Thank you.

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Can you verify what I represented to the zoning board to be true and correct and adopt it as your own testimony?

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Yes.

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Thank you.

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Questions from the board?

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No, Chair.

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No, Chair.

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Questions or comments from our attorney, Hilliard Emerson?

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