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Hearing video

ZBA Hearing - October 9, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 9, 20247h 34m

Anyone else in the virtual audience?

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Planning Commission.

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Planning Commission.

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Amy Board with the Planning Commission, A-M-Y-B-O-Y-D.

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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.

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Please proceed.

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The comprehensive plan recommends no change in zoning at this location from the existing

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single-family residential RSA-5.

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This is the Turn the Key affordable housing project sponsored by the Lane Bank.

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In the City's Comprehensive Plan, Objective 1.1.2, B recommends promoting the development of new affordable housing units, prioritizing infill gap vacancies.

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The Planning Commission recommends that the Board grant their requested variances for minimum lot size.

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MI 2024-005-346-1026-36 Fairmount Avenue.

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I vote yes per amended refusal 10-9-24.

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Carol Gaston, my vote is yes.

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St. Proviso.

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Snedda Graham, my vote is yes.

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Iowyn, my vote is yes.

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Thank you.

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Thank you, members of the board.

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We're going to go on to 19 now.

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MI 2024-005-360-662 North 10th Street.

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Augusta O'Neill is the attorney. Just for the record, could you please state your name?

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Sure. My first name is Augusta, A-U-G-U-S-T-A. Last name is O-N-E-I-L-L.

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Do you identify your client?

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Sure. My client, again, for this application is Frankel Enterprises. They're the owner of the property.

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Do you stipulate to the reading of the refusal, and do you agree with its accuracy?

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I do.

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Please share your screen.

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Sure.

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are you able to see that almost it's not up yet it's coming up

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yep it's up it's up all right um let's just just kind of get this sorry it's um

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the little bar for the sharing screen is making it difficult for me to navigate the

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the pages so i apologize um so again members of the board thank you i'm here again this morning

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representing the owners of the property frankel enterprises they own the property at 662 north 10

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street um included in my exhibit package for this application as well i provided some

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um some aerials of this property again this is again another application where

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um Frankel Enterprises is taking vacant lots partnering with Turn the Key to create those

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three-story single-family affordable homes that um we just reviewed as part of 1026 to 36 Fairmount

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Avenue for this particular application the property um is going to be subdivided or I'm sorry

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the lot lines are going to be relocated to um five parcels and there are going to be five single

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family homes on each of these lots. This project also received a refusal. The single refusal

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issued was for the lot size. The RSA 5 5th district overlay district does require those

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minimum lot areas to be at least 1,440 square feet. And again, we are undersized. We are less

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than the 1440 square feet um the application again is of a partnership with turn the key

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um to create these affordable homes um and just if the board would like i would

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um for the interest of time i won't again detail the program but this is again another partnership

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that my clients have engaged in um there are multiple projects as you've seen that they're

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working on with turn the key throughout the city um this is another one of those projects and the

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same elevations that were shown for 1026 to 36 fairmount avenue um those would again be what we'd

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be constructing here and so um the clients my clients did meet with the affected rco for the

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property and in fact the um meeting that they attended back in september was for both this

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application for 1026 to 36 Fairmount Avenue. Um, so I'd ask that the testimony that I gave for

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1026 to 36 be recognized here. And again, just for the interest of time. Um, and so my clients

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did receive unanimous approval for both this project and the other one that was, that was

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just presented. Um, the properties here, the square footage of the homes is going to range

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from 1500 to 1600 square feet. And in addition to getting a unanimous letter of support on this,

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And in addition to getting a unanimous letter of support on this project, they also have a letter of non-opposition from Councilman Young's office.

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So, again, Mr. Frankel, if you could raise your hand and identify yourself.

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Mr. Frankel, you've already been sworn. Just state your name, please.

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Zachary Frankel, if you're in the audience, please raise your virtual hand.

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Hi, good morning.

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Mr. Frankel, just state your name, please. You've already been sworn.

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zachary frankel please proceed counsel mr frankel did you have a chance to hear my testimony on

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the application for 662 north 10th street this morning i did was everything that i

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relate to the board true and accurate it was is there anything that you would wish to add

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no okay um and would you like to adopt my testimony as your own yes i would thank you

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So, Chairman, I would invite the board if there are any questions about this.

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Questions from the board.

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Questions or comments from our attorney, Hilaria 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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I see no hands at this time, too.

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Planning Commission.

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Amy Wood with the Planning Commission.

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comprehensive plan recommends no change in zoning at this location from the existing

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residential single-family RSA 5. This is the turn the key to affordable housing project.

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The City's comprehensive plan, Objective 1.2.3b, recommends promoting the development of new

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affordable housing units, prioritizing infill gap vacancies. The Planning Commission recommends

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that the Board grant the requested variances for minimum lot size. Thank you. MI 2024-005-360-667

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to North 10th Street. I vote yes. Cheryl Gaston, my vote is yes. Tanetta Graham, my vote is yes.

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Tywin, my vote is yes. Thank you. Thank you so much. Thank you, counsel. Thank you. Apologies

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again. Sure. Number seven, MI 2023-005-953-5646 Cedar Avenue. Verna Agee is the listed tenant

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an applicant?

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If you're in the virtual audience,

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can you please raise your hand?

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we see a hand yes chair she has been promoted to

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Penalty.

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Good morning.

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Verna.

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Do we hear her hand?

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Yes, Chair. It looks like she declined.

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Berna, please accept to be promoted to panelists.

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Berna?

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it appears she's having technical issues sharing she has two devices

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that we so here's what i'm going to do i'm going to i'm going to move on i'll come back

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to her in a little bit. Okay. Sounds good. Thank you. Number six, MI 2023, 003-721-241

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East Armat Street. Steve Masters is the attorney.

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these masters have been promoted to panelists

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Good morning, Mr. Chair.

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

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Steve Masters, S-T-E-V-E-M-A-S-T-E-R-S.

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Where are firm to tell the truth, the whole truth and nothing but the truth?

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I do.

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Could you identify your client in relationship to this property?

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Yes, my clients are the owners of the property.

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could you identify them please uh theodore tillman and a moment

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uh i'm sorry i'm just looking for his though his wife is the record owner uh tania govan

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We do have a letter from her. Okay. Do you stipulate to the reading of the refusals? And do you agree with their accuracy?

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Yes, we do.

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All right. And I see there's a unanimous support from Faith Community Development Corporation. Please share your screen and proceed.

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Thank you.

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good morning members of the board uh steve masters from the law firm of just laws representing

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uh this property um ted tillman and uh and his wife what we're looking at here is an aerial view

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of the property the property is uh noted by this blue pin and although this is a um zoned

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RM1 property, you'll see that the area right here, and we're going to go into some larger

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aerial views, is significantly more industrial and commercial than you would expect in an RM1

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parcel. What we're looking at here, so our property is this rectangle that I'm

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uh moving my cursor to uh here is armat street um and there's three sections to this property that

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we'll be that we'll be looking at uh the the middle part of the property um is uh is for three

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rental housing units that's not at issue today because that's a by right use um in the very

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beginning of the property. Off of RMAT is the proposed area for the business office. And then

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in the rear is the area to legalize these four public garages that are used for auto repair.

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You'll see next door, this is a property that is being used to park large vehicles,

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as is the properties across the street.

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Here is a view of the front of the property.

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We're on Armat Street here facing towards the rear of the property.

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And this is where the business use will be in the first two stories.

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The three stories are the beginning of the apartments.

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this is a view a little bit to uh the left of of the property um where you'll see uh

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uh our property uh wall goes back uh to the rear there um here is one of the three garages that

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are at the very back of the property here's another view with a different bay of the auto

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repair place. And finally, this is the third property garage on the property. This is a side

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view. Here we're facing Armat Street over here where my cursor is. And you may have noted cars

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and vehicles parked along this area from the aerial view. These are some of the doorways that

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um enter into the to the dwelling units here is another view this is now facing

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back towards the rear garages and this is another entry into the the apartment units

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uh here is uh one of the garages and then um this is going to be a in office space for um

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for the auto and vehicle rental business.

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And then we have photos of the various apartments,

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all of the three apartments that are not currently in use,

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in use but they are that they are outfitted to be to be used

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but that they are outfitted to be used.

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again there our application isn't concerning these apartment units but there was a request

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made by the community group in terms of a proviso that we'll address at the end

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And here's our zoning notice for today's date for this resumption here, or not resumption,

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but for this continuation of the hearing and the postings that are on the front facade

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of the building.

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We have a tax clearance that is up to date.

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And I do want to show you from the zoning archive on Atlas, we believe that this property has had a public garages in the rear going back to actually 100 years ago.

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But here we have, in October of 1978, a permit that was issued showing that the three public garages were an existing use all the way back there.

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So what we're talking about here, members of the board, is, as I said, a building that for over 100 years has had those garages in the rear.

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We have garages actually next door. The next door property has even more garages. I believe there are six or seven public garages next door.

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The residential areas have from time to time been a single family or a multifamily.

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And the front of the building has actually been used in the recent past by an oil company that had its business office in the front and then engaged in, filled up its trucks with oil in the rear.

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our mr tillman's proposal is to operate a small auto repair and u-haul rental business in those

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four rear garages and he's been doing that since 2019 he wants to use the front portion of the

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building for a business office and he is he has renovated as you saw the living areas into three

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apartments. Our refusal is only for the business offices and the rear auto repair garages. As I

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said, the residential uses are by right. The community group requested a proviso that there

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be no rooming houses. We have no plans to have a rooming house, but a rooming house use would

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require a special exception by by this board and there is no such application in front of you

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so we believe that while we don't object to a proviso saying no rooming houses because we're

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not intending to have rooming houses we believe that that is not necessary since that's not part

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of this application at this point I would like to call Ted Tillman to adopt my testimony

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theodore tillman if you're in the audience please raise your virtual hand

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they have been allowed to speak thank you good morning mr tillman could you please state your

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name is spelled for the stenographer good morning my name is theodore till t-h-e-o-d-o-r-e tillman

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t i double l man you swear or affirm to tell the truth the whole truth is nothing but the truth

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yes please proceed mr masters uh good morning mr tillman um did you hear the testimony that

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i gave this morning um in your case yes do you agree that it was accurate and do you adopt it as

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your own. Yes. Is there anything further you wanted to tell the board briefly about this

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about this project? Well, I just want to thank the board for recognizing my case and allow me

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to be here today to witness the new improvements that we like to make in the community to help

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support the community and keep cars on the road so that everybody can go to work and pay that tax

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now that's all thank you um thank you um questions from the board uh yes can we go back and can you

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show me the it's not one garage you said it's a couple of garages yes a little quickly so can we

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I just wanted to see.

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Sure. And how are we accessing these? I guess I'm trying to figure out how we're accessing these different garages.

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Sure.

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And how are we...

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And when you say, well, I guess I'm getting into more questions. When we're talking vehicle repair, we're talking about oil changes, tires. We're not talking spray paint and like body fender spray painting, are we?

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um no this is not a body shop this is for auto repair that's that's what mr tillman is operating

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is a regular vehicle repair facility so here where i'm where i'm moving my cursor here are

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three of the four garages and then this is the fourth one um so the access off of armat street

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and where is where's armet street armet street is here in the front yeah okay and then this is the

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the driveway then is where on the other side of where these cars are parked and that's how you

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access the different garages correct although um there aren't always cars parked here um these are

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so either they would come through this driveway

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or the one where the cars are parked.

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Okay, all right.

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And you said that these have been here for,

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well, since at least 1978.

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Well, the Zonian archives do show

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there are garages that go back into the 1920s,

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but it's not clear whether they were accessory

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to the single-family home, how many years they were accessory

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and how many they were public.

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It started to pop up as public garages quite a long time ago,

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but for sure in the last 50 years where this has consistently been.

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