civus
Hearing video

ZBA Hearing - October 9, 2024

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

And what you have here on this side, this is a neighbor's property.

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These are something like seven or eight public garages that are in use.

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people are using them for various purposes with their own private vehicles. And there is a

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residential use in this part from part of that property. So it is, what we're talking about here

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is what we're doing is completely consistent with the neighboring properties. Okay. And then this

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office is for, I guess, people to check in or whatever with this repair business?

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Yeah. So it's a combination repair business and it's a U-Haul rental business. So the office is important for people to come in and make the rental transactions for the U-Hauls. And also, it's a much more congenial place to transact business than to stand in a garage to transact business.

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Oh, okay. Thank you.

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Where will the U-Hauls be parked that they're renting?

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uh they're already parked um on on the property so um actually maybe we should call mr tillman

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again just to give us a little more uh specific details mr tillman can you can you raise your hand

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again yes can you hear me yes

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so uh the question was where are where are these uh you've all parked at this point so right where

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steve said we park them along the driveway sometime in the rear and also we have drop-off

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planks on the street which is called armat and the rear bar under the bridge so if you look a little

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farther down armat street you probably don't have a good reel of it but we park the trucks under the

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bridge with it helps a lot of people from dumping so we have a dumping issue on armat street so

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parking a u-haul trucks over there at night sometimes helps with people just dumping trash

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there in the middle of the night because they recognize it as a business so i don't know if

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familiar with that that's the one of the majors dumping of trash in the whole city so you're

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saying right here street so the u-halls are illegally um appointed as vehicles that can

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be parked on the street because there are u-halls that people use them to either a move their

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personal things or move household stuff so they are legal registered cars to u-haul i don't own

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them i'm a subcontract for u-haul so like yes i do have to park the cars on the street but

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park them under the bridge okay and could you go could you go back to the uh scale it down again or

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that all right so we how there you go so the driveway on the other side you guys share that

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driveway with the uh property next to you correct and so my question is if uh you see what that red

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car is on the screen so if they decide to park just like all the white cars you know would that

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So, if they decide to park just like all the white cars, you know, would that be enough room for you guys to go in and out of the garage area?

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be enough room

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Correct.

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That whole face of the garage area is like 16 to 19 feet entrance.

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So, a standard car is about 8 to 7 feet.

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So, it's more than ample enough space for both cars.

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Yes.

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Okay.

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Thank you.

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Is the property next door that you share the driveway with a single family home?

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Mr. Tillman, can you answer that?

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Oh, she asked that it was a single-family home?

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Yes, 245 East Armat Street, a single-family home.

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As far as I understand, it has four entrances, though, as far as I understand.

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So you have a shared driveway.

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You're hoping to have commercial patrons, residential tenants,

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and then there's a multifamily building next door.

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and you're going to have this shared driveway.

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How do you see sort of parking and access working?

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So I can give you a little bit more information.

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Both sides of the property is my uncle.

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My uncle owes both sides, so that's not an issue at all.

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No arguments, no actions against it.

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That doesn't mean that the tenants aren't going to have an issue.

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It's not.

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The tenant is my cousin.

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So we have actual signatures of the people from that resident address on when we actually went to the meeting for the RCO.

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We have signatures of that particular tenant in that house.

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So parking is definitely not an issue.

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So we don't even park our vehicles in the driveway.

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That's just a sometime thing.

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It's an in and out thing.

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It's not a constant thing.

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That's not a parking spot.

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We park the vehicles there to help control the traffic so there won't be overflow.

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Sometimes I utilize the lot next door.

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As Steve told you, there's a bunch of cars that be parked there.

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So I have access to putting things in that lot at any time.

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Like I do all the time.

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Also, Norton.

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So Norton is next door here where you see all those cars.

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So Norton Toad Company.

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Is that 235 to 39?

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Yes, that's Norton's Toad Company.

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And then on the other side is the Toad Company as well.

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So parking U-Haul trucks, that's like a minimum.

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There's only one or two or three that be there.

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so it's not 10 or 15 like you're looking at a u-haul facility yeah i mean i was less worried

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about the u-haul trucks i was asking more so for your auto repair business yeah that's not a problem

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we don't we don't park we don't park nothing on it's called a bridge we don't park nothing up the

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driveway no and then how many like what is the volume of cars that you're seeing and what's the

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average duration for cars that are being serviced at your business well we are we do do inspections

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for the neighborhood so at any time someone can you know call in for an appointment and we will

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assess them properly so usually we intake them we let them park their vehicles outside we'll go

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receive their vehicle we bring it up and down the driveway and then let the customer leave out

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that's how it generally works understand it but you didn't actually answer my question my question

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is what is the average time that a patron's car is on your premises oh so each inspection is one

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island so typically cars are only so you're only doing inspections so we

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don't auto repair guarantors inspection so the inspections go with it and then

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we if they need repairs we have to repair their car because it's not safe

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on the road for the vehicle I'm just trying to understand like when you do

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repairs how long are the cars on your premises so one hour each inspection is

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It's undetermined because sometimes a car doesn't start.

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As for average, like is there a car there for four days?

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Is it there for two weeks?

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Is it there for six hours?

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A day, day, day and a half.

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Day and a half.

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Okay.

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And so you have four garages.

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Are you only taking four cars at a time?

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Minimum two.

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Minimum two.

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Okay.

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And what's your maximum?

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Maximum three.

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So like I said, I operate parking spaces next door.

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So I have a whole plethora of parking spots that I utilize and pay for next door to park my vehicles.

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Okay.

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Steve, how long has he been operating this?

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Mr. Tillman, is it 2019 that you opened up your business here?

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Yes, 2019.

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Since 2019, we've been going back and forth downtown trying to, you know, get permits and things of what sort.

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Eleanor's coming up there asking questions of regards to permits so we've

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been in the process since 2019 they've been a long journey since we've been here

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yes and mr. chair I I realized that I didn't show the board the the petitions

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i realized that i didn't show um the board the um the petitions and support um there are 85

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and support

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yeah i i have a thing here says 95 signatures yes and 22 of those are are documented near neighbors

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and other ones um i believe are uh customers and and other other um uh residents of of the of the

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broader area. So our petitions start all the way up here.

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and it was a unanimous uh support for the project at the rco meeting there was there was no one

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who had any opposition and uh it was as i said unanimous and then the the rco has also agreed

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any other questions from the board

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questions or comments from our attorney hillary emerson

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not at this actually sorry sorry one quick question um mr masters you said that they're

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proposing three dwelling units i was a little bit confused on the floor plans because it looked like

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there were four but maybe that's the existing and they're reducing by one

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mr someone can you can you clarify that so you staying for the rear for the

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auto repair no no for the for the apartments yes three three and three in

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the top and then possibly one behind the office which is a two-bedroom so yes

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Yeah, but we're not

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doing housing today, right, Steve? Right. This is a

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buy-right use. Buy-right for three, right? Buy-right for

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three. Am I right? Yes, I don't know if

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it would be buy-right for four. That would have to be reviewed, but what's on the

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refusal is three. So if they want to increase, they have to go back to L&I

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and see if that can be done by right or if that needs additional zoning relief.

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understood only thing we wrote on today is the business part of this yeah

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questions or comments on the virtual audience

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yes sir i have a hand up by the name of charles richardson they have been allowed to speak

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good morning mr richardson good morning mr chair charles richardson sure charles richardson

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R-A-C-H-A-R-D-S-O-N

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Councilwoman City Bass

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Room 508 City Hall

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We're affirmed to tell the truth

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the whole truth and nothing but the truth

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I do. Please proceed

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Councilwoman has no opposition to granting the variance

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Thank you. Are there anyone

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else in the first audience?

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No, sir. I see no more

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Planning Commission

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Amy Boyd with the

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Planning Commission. The comprehensive

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the plan recommends a change in zoning at this location from the existing residential

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multifamily R1 to industrial residential mixed use RMMX. Under the recommended designation,

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the refusals would be consistent. We believe that the proposed use for vehicle repair shop

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would have negative impacts on adjacent residential conforming uses. The planning

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commission therefore recommends that the board deny the variance for personal vehicle repair

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and maintenance and business and professional offices.

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Is that deny, Amy? Is that what you said?

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Yes.

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MI 2023-003-721-241 East R. Matt Street, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tannetta Graham, my vote is yes.

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i win my vote is yes thank you council thank you so much we're going to move all right we're going

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to move to number eight and number nine together mi 2024 000 76 736 to 38 maple lane parcel a

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and MI 2024-000102-736-38 Maple Lane, Parcel B.

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Nixon-Kanah is the attorney.

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There's a letter of support from the 42nd Board RCO.

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Nixon-Kanah will be joining as a panelist shortly.

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Good morning, Commissioner.

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It's still morning. Good morning, Commissioner.

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Good morning, counsel.

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Morning, Counsel. Could you please state your name and spell for the court stenographer?

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Could you?

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Yes, my name is Nixon. My name is Nixon, K-A-N-N-A-H. Attorney ID number is 89654.

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On behalf of the applicant, property owner, Nader Jabert.

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Where are you from? Tell the truth, the whole truth, and nothing but the truth.

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Yes, Chairman.

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you stipulate to the reading of the refusal and do you agree with its accuracy yes um please

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share your screen and start your presentation yes um yes mr chimp the first first um

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let's see

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Green button on the bottom. Share your screen.

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Okay. Let me just get back to it.

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Green.

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Okay. Here we go. Sorry. I have my screen minimized.

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Okay.

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Please.

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Everybody see that?

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We can.

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Okay.

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Commissioner, this was the property where my client purchased it. As you can see, it's two separate properties, 736 and 738. Both properties have a separate entranceway where these two vehicles are, and then this other side.

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But for whatever reason, when the property was purchased, the deed to both properties were consolidated into one lot, and that's one deed.

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Notwithstanding the fact that this lot for this property actually extends all the way to East Wyoming on the other side.

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But when my client purchased it, he purchased it as one unit. The D showed that the D has somehow been consolidated into one lot. So my client took it upon himself to basically trace the record of this property and was able to get the property separated again into what it was initially, which was a two-family unit, two separate unit, 36 and 38.

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Now, he's basically trying to legalize the use of this as a first floor unit and a second floor unit as it previously was.

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So, he made some renovation to the property, and the package that we submitted, I believe number two, is the...

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I know we're doing these together, but the first package I'm going to pull up is going to be for 736.

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Okay, that is basically the outline of everything that's included in the package.

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