civus
Hearing video

ZBA Hearing - June 12, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jun 12, 20245h 17m

Questions from the board?

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And yes, Mr. Miller is available to speak.

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Okay, good.

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Mr. Miller, please state your name.

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Hi, could you please state your name and spell it for the court stenographer?

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Ariel Miller, A-R-I-E-L-M-I-L-L-E-R.

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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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Please proceed, counsel.

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Oh, yeah.

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Mr. Miller, you heard everything I had to state today about your zoning matter.

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Yes, I have.

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And is it true and correct?

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Yes.

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And do you 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 questions.

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No, Chair.

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Questions or comments from our attorney, Hillary Remberson?

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not at this time mr share questions or comments from the virtual audience

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i see no hands at this time chair planning commission

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hello the comprehensive plan recommends no change to the rm just for john just for the record state

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your name so mr no you are too hi john love a car from the planning commission here uh the

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comprehensive plan recommends no change to the rm1 zoning at this location the proposed variances

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for dwelling units and height are not de minimis and pcpc staff recommends denying these variances

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however staff has no objection to the requested parking variance thank you um this case will be

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closed and mike right hillary and uh yes aside from aside from the information for tax compliance

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And yes, aside from aside from the information for tax compliance, when we hear the tax compliance, we'll get back together and we'll vote on this as soon as we hear.

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OK. Thank you. All right. Thank you. And Mr.

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Knacken, stay right there, please.

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please. So MI 2024 001-515-818 South A Street. There's a letter of non-opposition from Bella

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Vista Neighbors and also a letter of non-opposition from Council Member Squilla's office. Just for the

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record, you've already been sworn, just state your name, please. My name is Alan Occamson. I am

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actually going to defer to uh mr goldberg from okay all right sure sure sure okay mr goldberg

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we see mr goldberg's hand he's coming back in now thank you

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waiting for me chair mr goldberg we're waiting for there he is

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mr goldberg could you state your hi could you say your name is spelled please for the sonographer

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Yeah, Alex Goldberg, A-L-E-X-G-O-L-D-B-E-R-G.

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

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I do.

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

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Yes, my client is James Lowry, and he is a representative of the estate of Jane Bocklin, the owner of the property.

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Okay, and our vice chair has a few questions for you.

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Good afternoon, Councilor. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

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I have.

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Thank you, Councilor. Please proceed and share your screen.

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Okay.

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see my screen mr chairman we can we're good yep um so i'm here presenting for 818 south 8th street

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uh this is a rather straightforward one what you see on the screen is a mixed-use property

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with two dwelling units above an existing pilates studio at 818 south 8th street

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unfortunately the prior owner of this property jane laughlin passed away in november of 2023

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At that time, the representative was appointed to her estate.

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That representative was Mr. Jim Lowry, who was a longtime business partner of Jane's.

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Mr. Lowry lives out of state.

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They weren't interested in holding on to this property or the estate, and they needed to formally change the zoning prior to selling the property as a legal two plus one.

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It's now zoned RSA 5 when Jane purchased the property in 1987.

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It had recently changed from C2 to R10.

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She got zoning approval for two dwelling units and a doctor's office.

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That doctor's office existed at this location until 2016.

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And then the use in the commercial space changed to this Pilates studio, but the zoning for that Pilates studio was never obtained.

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so this has been a mixed-use property for about 40 years and you know we're sort of trying to

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put a bow on the uh the zoning aspect of the property so that that it can be sold so here's

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the table of contents when we originally applied for the zoning permit application

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jim had just uh you know gotten possession of the property was not aware of the term of the lease

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of the existing Pilates studio tenant.

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So when we originally applied,

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it was for a vacant commercial space.

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We were going to let the next owners sort this out.

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It turned out that there was more time in the lease

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for the Pilates studio than we thought.

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So we amended the zoning permit application

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for personal services

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instead of a vacant commercial space

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to be able to honor that lease.

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And that's why you see an original

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and an amended refusal.

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We have a letter of non-opposition

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from the coordinating RCO, Villa Vista Neighbors Association, as well as the council member.

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Property history, zoning maps, we have pictures of the inside of the commercial space and the

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residential space, as well as the surrounding area. Basic floor plan, and then finally the meeting

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as well as the surrounding area, basic floor plan, and then finally, the meeting notice, application for appeal, the deed, and the tax clearance.

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Here's that notice of refusal. That original one was for the vacant commercial space on the first floor of an existing structure.

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It was then amended to show personal services on the first floor of an existing structure with the existing two-family household living on the second and third floors.

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um this is an rsa 5 zone property uh which i guess i would object to the accuracy of the

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specific refusal identifying it as rm1 nonetheless we're seeking refusal for the commercials

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and here are the authorization letters sent to the board and then received to amend that

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zoning criminal application here's the letter of non-opposition from bella vista neighbors

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association they're not opposed uh there were no votes in opposition three in support from

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the community members and six uh unanimously from the board and then here's the letter of

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non-opposition for the council member's school's office here's the property history so this is the

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zoning uh when it uh from from the late 80s showing the doctor's office and the two family dwelling

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which again operated there until 2016. The zoning map showing this is an RSA 5 property just off

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of the commercial corridor on Christian Street, and parts of that extend up 8th Street, just not

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quite to our property. Google Maps perspective as well. Here's the interior of the Pilates studio.

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the interiors of the residences both units are occupied

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here's the front of the property this is the property from 2009 it's quite blurry but you

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can see you know it was mixed use in nature and there's a sign here uh advertising that

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podiatrist office was located here here's the notice poster giving notice to the nearby neighbors

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at this community meeting to the right of the property on south 8th left very basic floor plans

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there's two entrances the room on the right is for the commercial space you can see they have access

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to the rear yard and the basement storage purposes as well as a half bathroom on the left side there's

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shared vestibule that takes you up the stairs uh to two separate units uh this one bedroom one bath

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and this two bedroom one bath in the top floor gives the rco me notice we have a bellavista

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neighbors on may 7th again receives a letter of ground authorization from them notified 130

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with properties these of those addresses mailing certificates

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here's the deed to the property uh quite old she purchased this in 87

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it's followed by uh the registers of wills documentation from kent county in delaware

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showing that James Lowry, otherwise known as Jim, is personal representative of the estate,

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the death certificate for Jane Laughlin, and finally, a certificate of tax clearance.

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So with that, I would call Mr. Lowry without my testimony.

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We see Mr. Lowry's hand.

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I see no hands at this time, Chair.

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Mr. Goldberg, you're an officer of the court.

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we will take your testimony um questions from the board

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no chair no questions chair questions 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 at this time chair planning commission

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hello again john love a car from the planning commission

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The comprehensive plan recommends no change to the RSA-5 zoning at this site, the proposed uses in alignment with other properties nearby, as well as the site's history of mixed-use commercial and residential.

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Therefore, PCPC recommends granting the variance.

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Thank you.

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MI 2024-001-515-818 South A Street.

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I vote yes with proviso per amended refusal dated 531-24.

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LeBaron Leonard Palmer, my vote is yes, with Proviso.

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Ishmael Shahid, my vote is yes, with Proviso.

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Thank you, Mr. Goldberg.

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Thank you, Mr. Goldberg.

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Thank you, Mr. Shannon.

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Thank you, Mr. Chairman.

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Okay, number six, MI-

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Okay.

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Number six, MI 2024-001-651-8701-Tarsdale.

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Ronald Patterson is the attorney.

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There's a recommendation of opposition of Upper Holmesburg Civic Association.

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A 10 to 9 vote.

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Chair, we have someone by the name of Charlie Dorsanio with his hand up.

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I don't know.

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That's someone else.

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Yes, that's someone else from Mr. Patterson's firm.

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He'll be handling the case?

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He may be.

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He did send in the exhibits.

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Okay, I'll promote him to panelists.

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Thank you.

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Yes, Charlie Orsanio here.

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could you state your name again are you are you going to handle the case yes i am

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could you um state your name again and spell for the court stenographer yes my name is charlie

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dorsanio c-h-a-r-l-e-y space d-o-r-s-a-n-e-o do you swear or affirm to tell the truth the

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truth and nothing but the truth i do so i notice you have two cases we're going to hear them

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separately because we're and then we'll hear this and move right on to the other one okay

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okay that's fine we're starting with 8701 yeah and could you yes we are could you identify your

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client relationship to the property yes uh my client wolf investments corporation number seven

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is the equitable owner of 8701 torresdale avenue and our vice chair has just a few questions for

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sure good afternoon council do you agree to

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the reading of the refusal or stipulate to its accuracy

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i do have you emailed in all the required documents and exhibits that is

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needed to proceed with this case bob is happy thank you thank you please

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proceed and share your screen let me just get my screen share

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green button on the bottom yes i think i have it here you go you're coming up you're good

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so may it please the board with the property uh in question today is 80701 toursdale

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Avenue. And the request is mainly for special exception uses for personal vehicle repair and

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sales of this property for four tenant spaces. And for two of those tenant spaces, we are also

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requesting vehicle paint shop uses with the final space requested for commercial vehicle repair uses.

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So, here is the refusal and referral. Are you seeing the whole screen?

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I'm okay. Yeah, we're good.

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So, the refusals and relevant tenant spaces, as you can see, most of them are for vehicle repair and maintenance, personal vehicle repair and maintenance.

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with two of those spaces, CNR also requesting vehicle paint finishing shop

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and commercial vehicle repair and maintenance just for one of those spaces.

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So when we met with RCO, we met in person on May 16th.

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The impression we received is that the opposition to the extent any existed

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was limited to the paint shop use.

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Of course, the vote was taken on the entire application.

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As you can see, it's quite a split vote, three support, three against,

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and then for the board, and then nine, four, and ten against.

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Just quickly go through the posting photographs.

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It's this property on the right, the building to the right, both rights of way.

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So as you can see here, the property is set back from Torresdale Avenue, the street and

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borders the other property we'll speak about today.

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It's also downhill from the street.

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It's another view.

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This is a view of across the street.

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And then it is a long industrial building in an industrial area.

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So this giving you a few extra views.

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So this is giving you a few extra views.

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Just a deed showing ownership of the property.

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We have a payment agreement for the tax clearance.

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The zoning map shows the neighborhood properties or ICMX.

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And notably, I have with me the representative owner from the property, John Wolfe, who'd

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like to testify about his history of ownership of the property, as well as the past and current

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or past the proposed uses.

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Do you have photos of the inside place that you're using?

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Yes.

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Can I see the photos?

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Sure.

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And what's in the building again now?

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Yeah.

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