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Hearing audio

ZBA Hearing - February 11, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 11, 20264h 31m

Just to briefly touch on the variant standard, why we believe this meets the variant standard, the grant of the variance, the denial of the variance would cause unnecessary hardship, the logistics of the building, how small it would have to be for those units, and the financial hardship is such that we need the grant of the variance, and we believe that what we're asking for is the minimum necessary

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necessary in order to um in order to alleviate the hardship the grant of the variance would be in

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harmony with the zoning code we're providing affordable units in an area that really does

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need them um and adaptively we're using a building that was really an eyesore close to a blighted

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building until my client purchased it and rehabbed it um this is a building right next to the l as i

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previously showed you some pictures of we're going to be providing some nice units um in an area where

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someone who's a nurse for Jefferson or works at that facility across the street would be able to

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live very close to their work. We're providing affordable units in overlay where there's really

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not a lot of development currently occurring. And with that, I would like to call forward my

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client, Atai Levy. Sure. Why don't you sit up there? So just so we're clear. Sure. You initially

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were at 39 units. Correct. 50 feet. Correct. Now you're at 25 units. 29 units. No, you're

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You're at 25 and 38 feet, and you want four more.

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We want four more.

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Okay.

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Correct.

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What do you get on the mic?

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All towards internal on the green light.

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See the green light?

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Try now.

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Oh, okay.

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Hey, there you go.

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All right.

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Thank you.

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Could you please state your name and spell for the stenographer?

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Yeah, my name is Itay.

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It's I-T-A-Y, Levy, L-E-V-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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Yes, sir.

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Counsel.

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Mr. Levy, did you have an opportunity to hear my testimony this afternoon?

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Yes.

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Was everything that I said true and accurate?

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Yes.

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I had pulled up on my screen a copy of Pro Forma.

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Could you just elaborate for the board why it would be a hardship for you to have to do anything less than the 29,

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why anything less than 29 really wouldn't work for you?

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Yes, of course.

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the main reason that is concerning to us is the ability to refinance the property

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at the end of the project and the way the lenders work and i don't want to get into too much

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details but it's the lender only will refinance if we'll get to 1.25 dscr which is debt service

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ratio essentially what that means is the building needs to make a certain amount of income for the

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bank to be comfortable to give us a loan now it's not really that they're going to give us a loan

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as money because we took a construction loan and that construction loan is hitting a lot of interest

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it takes a long time and we are we're in a position that we need to get to we need to get to sufficient

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net operating income to be able to pay off the debt service and then they will basically

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take that construction loan and turn it into a permanent loan for a long period of time

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mine and my partner's goal is to hold the building for a long period of time it is also

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it is also planned for us to hold it for a minimum of 10 years and that's our plan and

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we wanted to do the right thing um and to be able to take our investment and have it hold and not

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become a liability for us in the future okay are you done um i am uh does he want to adopt your

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testimony oh i that was the last thing i wanted oh sure would you like to adopt my testimony that

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i gave to the board this afternoon yes okay thank you all right questions from the board

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All right, um, questions from our attorney, Hillary Emerson.

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Um, I just want to note, because the 1, the property is split zoned with RSA 3, so I'm kind of surprised you actually didn't get a refusal for parking. Um, if that was missed by L and I, it's incorporated into whatever decision the board makes here. But I just want to note that for the record. I didn't think that was a little.

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odd that hasn't come up before questions or comments from our um our audience

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mr chair i do not see any hands planning commission amy boy with the planning commission

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planning commission amy boy with the planning commission the comprehensive plan recommends

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the comprehensive plan recommends a change in zone

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a change in zoning at this location from cmx2 commercial mixed use to cmx3

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this property was rezoned from cmx3 to cmx2 in a community-led remapping in 2014.

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there was a split zone condition on this property with the building footprint spanning between two

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separate lots one zone cmx2 and one zone rsi3 residential single family the proposal would be

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allowed by right under cmx2 but the majority of the lot is zoned and cmx3 the proposed zoning

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the rear yard depth is existing the planning commission recommends that the board grant the

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proposed variances for multi-family retail sales of food beverages maintenance and repair consumer

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goods and rear yard depth uh we're going to hold this vote am i correct hillary uh and then um

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it's closed yes the record is always except for proof of tax compliance for both properties

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Yes, thank you. Thank you. Thank you so much, members of the board.

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Number four, MI 2025-003-193-421 North Lane Street.

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It doesn't know how to get it uploaded.

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Uh, okay. Um, we'll get somebody to do it. Um, thank you. Sure. Why don't you sit down and I'll, I'll, I'll swear you a little short. Um, let, let, let me, let me see.

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Okay. Yeah.

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Hey, Cheryl. How you been?

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Hi.

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Um, John, could you please state, well, we'll get you sworn in. Could you please state your name and spell for the stenographer?

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Sure. John McCrish IV, M-C-C-R-E-E-S-H.

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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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Could you identify your client, the relationship to this property?

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Yes. With me is Adam Zhu, X-U, and he is the principal member of the 3X Investment LLC, which is the owner of the property.

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Okay, and we have a letter of support with provisos from neighborhood Cal Hill Association, the affected RCO, and also a letter of non-opposition from Council Member Squilla.

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Our vice chair will have a few questions for you then as soon as we get somebody straight, you will.

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Okay, thank you.

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

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Yes.

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Okay, and do you waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Okay, all right, thank you.

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All right, as soon as we get you tied in here, we'll start it.

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He just got us to tie in with his computer.

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He didn't know.

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Are you in the meeting or not?

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No.

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Okay.

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How about I just bring up?

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Yeah, sure.

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Whatever.

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yeah um i'm using hot spots right we're good okay yeah that's fine um but uh

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well give me give me a couple minutes here sure yeah

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i apologize mr bergman i don't come down here that often and no no i'm not that tech savvy no

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you have a high rating from charles so that's that

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We'll let you know that.

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Thank you.

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Thank you.

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Okay, thank you.

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Yes, I stay as a 10-8.

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Oh, you want to be one except that?

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Oh, geez.

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Okay.

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Sorry about that.

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Okay, that's okay.

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Thank you.

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Do you have your phones open if you want to share?

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yes

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sure please

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whatever you have here people can see okay right okay is that all right we're okay

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go to the folder where where where's where's this document yeah

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so why don't we get him to start show your documents right what's what do you have

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uh yeah well now you you you're not going to testify yet the council will testify and you

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just go through the documents okay so get the first one up so we have the notice of refusal

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yes

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so it's a notice of refusal for uh at 421 north 9th street it's uh

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For the refusal to use personal vehicle repair or maintenance is prohibited in the CMX 3.

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You have the zoning application.

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Okay.

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I don't think he's finding his documents yet.

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I mean, he sees them, but he just don't know where they all are.

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there's the special there's a refusal there you go that might be a little bit better at least you

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see it okay yep so why don't you just do the refusal then i'll then i'll try to tell you

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where we should be okay thank you so the refusals for uh one refusal for the proposed use personal

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vehicle repair maintenance prohibited in the cmx3 zoning okay

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what do you want next um why don't we do this i mean i we we have all your paperwork so what

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would be important is if you could show us photos and maybe drawings or plans of what

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he has and what he's going to do about 3500 square feet they're just using it for

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I'm sorry it's about 30 he'll draw up the pictures it's 3500 square feet they're just using it for

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general um maintenance and repair no body work uh they are they currently doing the work now i mean

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are they currently now no they're running this and they're coming for zoning for it correct correct

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correct it's yeah it's all contingent on them it's vacant right now that's contingent on

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the the approval correct and they did meet with the uh chinatown rco right uh they did have three

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provide those which we're fine with and there's a he'll show you there's a picture they already put

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up the secure uh fencing around the parking lot and then the other things uh are maintaining what

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And then the other things are maintaining the way.

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the way

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Do you have photos?

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Yes.

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Pull up the photo.

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There's parking on site.

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And, John, why don't you try to talk while he's doing it?

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What is it they're going to do?

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Is there body work?

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No body work.

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No painting?

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No painting.

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They're going to be there six days a week, Monday to Saturday, 8 a.m. to 6 p.m., and they have three or four workers.

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It's a small shop.

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What kind of work are they doing?

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Oil changes.

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Just oil changes, inspections.

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Brakes, inspection.

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Exactly.

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And tires.

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Tire changes.

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You're right. And I general stuff. Not. I also noticed that one of the Chinatown said maintain secure waste oil per regulations and away from the public right away. Right? Correct. Okay. All right. So that that's what it looks like. Right. And the fence is going to be around the building. The fence is around the building. Yes. Okay. Could we see the inside? Sure.

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and there's a curb cut right there on 9th street yes

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okay I I he he answered before John had a chance so John John it's it's uh yes the curb cuts on

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that street right okay um okay why don't we open it up to the board questions so are there any

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windows no one knows that was so no no no window so when they're working they're gonna have the

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the fit up the fit the fence has to be up yes yeah okay okay sorry all right all the questions

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is there any plans to have some kind of exhaust system of some sort or would we i mean

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well as they're working on cars they got to turn a car over correct so the question is are you

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going to have an exhaust system right that'll take the fumes and take it outside yes yes there

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will be one yes but there isn't one now no there's not one now but that that could be a proviso we

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definitely they definitely will comply with that i mean you'd almost you'd have to otherwise it

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would be dangerous yeah yeah exactly yeah it'd be dangerous for them right and about how many

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yeah how many cars are being serviced uh a day uh well it's a small space so it's maybe

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four or five a day depending on how busy they are yeah uh by appointment or how yes by appointment

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correct okay and again you're just doing oil changes you said changing tires

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inspections inspections like breaks minor repairs obviously if it's a if it's a large job they're

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not going to be able to do that they're not doing body work they're not doing painting or anything

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like that okay and uh you have hazardous waste you're going to have hazardous waste disposal

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for any oils or other fluids yes okay all right so so john one question the garage is not in

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It's not a real big garage.

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Where are you going to keep cars that are not in the garage?

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Exactly.

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Where would the one of you answer if you can't jump?

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Well, there are.

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Will you please state your name and spell for this stenographer?

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Yes, Your Honor.

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Adam Hsu, A-D-A-M, last name X-U.

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Right, 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.

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Where will you keep cars?

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like if four cars show up to do work where do you put them because there's not that much there's

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on-site parking spaces up to at least 20 uh at the same site yes where where is that in front

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of the building uh front of the building correct okay other questions is that is that on the street

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is that on the street it's not on the street it's on-site parking i mean yes uh the parking lot

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uh the premises has parking facilities itself could you show us that yes yeah soft street parking

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that might answer my question

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and there are bathroom facilities on the site in the in the garage and inside the garage yes

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