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Hearing video

ZBA Hearing - October 13, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 13, 20217h 13m

reporter. May I have a one minute pause in place? Take five. I, I, okay, thank you.

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Thank you.

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We'll now go to case number 12, MI 2021-002121, 4528 Green Street.

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Vernon Anastasio is the attorney of record for the applicant, and Ms. Yvonne Haskins is representing the Protestants.

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the 12th ward rco 12th ward democrat committee um sent a letter of my opposition

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and it's my understanding i guess mr roger will speak to this on i corrected a decision

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changing uh the uh refusal from a refusal to a referral uh so let us begin mr anastasio

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please identify yourself and i'll swear you in morning mr chairman verne anastasio

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A-N-A-S-T-A-S-I-O, 1315 Walnut Street, Philadelphia, Suite 1006-19107, on behalf of the operator at the subject property.

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at the subject property we're a firm to tell the truth the whole truth nothing but the truth

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We're a firm to tell the truth, the whole truth, nothing but the truth.

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i do this scenario has some questions for you hi mr anastasio do you agree to waive the

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reading of the refusal and stipulate to its accuracy i do have you emailed the exit packet

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with proof of ownership tax compliance refusal referral photos and plans of the property

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five days in advance of this hearing and have you met with the rco and do you have a letter yes

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thank you excuse me this is sharon can i ask that um mr reuter also be promoted and that

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he and ms haskins be sworn in

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yeah ms haskins ms haskins uh i'm gonna swear you and mr reuter identify yourself but he's

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already on the room from earlier

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ms haskins

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Ms. Haskins are you in the virtual audience Ms. Haskins please raise your hand

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do not see her sir i'm sorry say that again jason he doesn't see her

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I'm probably thinking she has a later hearing.

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I'm going to try contacting her.

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I see her in the attendees list.

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Yes, but she has to raise her hand to be promoted.

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Okay.

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Peter Merzbacher has raised his hand, sir.

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No, just Ms. Haskins we're waiting for.

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Understood.

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so has since has been about to speak hello miss haskins please identify yourself and i'll swear

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you in yvonne b haskins i'm sorry um jason please promote her to a panelist she's presenting

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that has been done now haskins you swear for him to tell the truth the whole truth

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nothing but the truth hello miss haskins do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do and i'm very sorry for the no worries no worries we're all having

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technical problems from time to time um so shower we're ready to begin correct

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correct yes thank you thank you mr chairman and let me before you begin uh mr reuter do you need

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to get on first i know you have another appointment um i i think i my my appointments uh i have

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you know till 12 ish um but i i guess maybe i should just speak first uh again members of the

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board uh may please the board leonard f reuter reuter for the city of philadelphia the reason

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why i'm attending today is because um as the board is now aware and i believe all of the interested

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parties are aware um an error uh when this matter was being reviewed by the planning commission staff

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for their uh recommendation an error was discovered in the mapping for the property

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and with your i i don't know if you need to know more about it um but uh i think if you would like

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uh ian haggerty is here and he can probably explain better if if you'd like to hear that

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first i think it's fairly short um and uh let's go to let's go to ian and then uh we'll get

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whatever information we need on the record from him sure okay thank you chairman dechico thank

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you len um yeah just very briefly for the board um this property was incorrectly shown on atlas

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as having uh atlas which is the online uh zoning map that's available to the public

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as having and which lni uses to um the underlying database to determine the zoning districts uh

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indicated this property as being within an rsa 3 zoning district however based on an ordinance

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that was passed in 2010, which is ordinance number 100195.

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100195, this property was in fact remapped to what was then C-3 zoning classification

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This property wasn't factory mapped to what was then.

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pursuant to the 2012 zoning code revisions. That's the equivalent of today's CMX-3.

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And I think that copies of the ordinance have been provided to all parties on this case.

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L&I has issued an amended refusal to recognize that this property is within a CMX-3 zoning

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classification under which the proposed use is permitted by a special exception rather than

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variance. Thank you. Thank you, Ian. And again, I think Mr. Anastasia is already sharing the screen

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which shows the corrected notice of now referral for the matter. I'm not taking any position on

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how the board uh wants to handle this i mean this has occurred very rarely in the past um but you

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know we in the occasions where it's happened in the past law department uh for the city has

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determined that uh the city council ordinance obviously um takes precedence over anything

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and while atlas is certainly a useful tool and can be relied on for the map in you know 99.9

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of cases are actually greater than that there will occasionally be an error um and uh and we

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apologize but that's what happened here uh i'm you know again i think the rco's already met i

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think the issues for the rco for the i'm sorry for the community and the rco as well as the applicant

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or in in terms of what they would have discussed in their public meetings it would have been the

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same uh the notices are probably the same so uh you know it's i don't know if ms saletta has an

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opinion on whether they can just move forward with this but i it the city's not taking a stance on

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that right now excuse me mr reuter given that this um the mistake wasn't due to any fault on

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the applicants part and that the effect of the revised notice was to reduce rather than increase

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the standards that were the applicant was required to meet um there's been no there's been no change

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in the project i believe the case can go forward right and and i i personally would think that

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makes the most sense i mean again applicants often will ask the board for permission to amend

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an application go back to l and i and remove a refusal or even occasionally will reduce it to a

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referral so i think this is essentially the equivalent to that so um if that's the case

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and assuming um neither mr anastasia nor ms haskins have any objection um i don't really have

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any need to participate further unless the board or anybody has any other questions about about this

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well there's a general question of mr anastasia and ms haskins even find any need for mr reuter to

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uh continue to testify in this matter no i don't mr chairman um i think we should proceed

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again our burden now is negligible um and uh if it were reversed uh there would be

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uh probably a good argument to continue this case but it's not that's not the case here

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yes do you have any objection well we we do have a problem with the special exception not showing

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all of the use now perhaps that can be handled during our testimony on opposition but we we we

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do know that other uses are taking place in the in this site that are not mentioned and that

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are prohibited from being approved as a special exception, it would require variance.

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Could you address that?

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Yeah, I have no idea what they're talking about, you know, period.

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If you would like, I can present that information so that we can determine

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if this is a variance case after all.

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The application is for vehicle repair and maintenance,

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period uh any other use that would be uh legalized if need be we would have to return and get a

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variance this is what the application is for and only for this mr chairman at the rco meeting

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the applicant presented the fact that he is also using the site for vehicle painting

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vehicle painting is expressly excluded from commercial uses the board can address that

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not to interrupt it we can address that and put in okay we've already agreed to a proviso

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We've already agreed to a proviso of no pain, Mr. Chair.

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we can handle that as by way of provide

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We can handle that by way of proviso once you present your objections to this application, Ms. Haskins.

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Okay.

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All right.

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All right.

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We can proceed.

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Thank you, sir.

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I just want to share this separately because it didn't make it into my exhibit packet prior to sending it over to the zoning board.

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But the property is now, in fact, zoned CMX3.

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We're here for a referral.

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The application is for personal vehicle repair and maintenance in an existing structure.

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I'm going to enter that into evidence, stop sharing that, and then share the rest of my binder.

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Oh, sorry about that.

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I think that's, oh, wow, where did my binder go?

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Okay, sorry about that.

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Hold on.

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I'll get it right this time.

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Here we go.

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So this was the inaccurate refusal. And here are the plans. It's a very large property on Green Street. On one side of it is a multifamily dwelling. On the other side of it is a vacant lot. And then next to that was a former drug and alcohol rehabilitation center.

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these were the plans as provided my client has been in this in this operation for quite some time

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he purchased the operation from a Paul Pham who had been operating for many years the history of

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this property historically has been auto and vehicle repair repair and yes painting my when

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my client purchased this business and took it over from Mr. Pham, he was under the impression

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that all the proper permits had been secured. He subsequently found out that they were not.

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There were some, you know, back and forth a little bit with hiccups with how he should

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handle this. He came to me. We spoke to the community that we have others of non-opposition

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from both RCOs because my client serves the neighborhood. My client is a good neighbor.

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There were some items that needed to be addressed that my client agreed to. He's going to put

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additional exterior lighting outside the property for increased safety. He'll ensure that there is

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no painting on the premises. He'll ensure that there is no automobiles on the sidewalk at the

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premises. And he will maintain his staff of 10 people, almost 100% of them coming from the

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community. I believe we even have some here today to testify how he and his operation and his

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business have helped turn some lives around. He's not going to adversely impact the health, safety,

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or welfare of the neighbors.

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Again, we did have an RCO meeting

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and we had two mailings.

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Both were 44 individual pieces of mail.

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This is September 21st.

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We also had an August 10th.

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We have a 12th ward.

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They want more lighting.

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They'd like some trees.

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We've agreed to that as well.

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Here's a letter from Ted Stones.

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non-opposition here's a solo germantown civic

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non-opposition and he's been working with the community ever since this these meetings this

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meeting uh in order to make sure that uh in their words not my clients uh that it's important to

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keep a minority-owned business in the community he's of the community and they would like to

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continue to support him with the provisos that he's offered. Additional lighting, exterior,

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no painting, no sidewalk work. And with that, I believe I've shown that this particular proposal

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with the aforementioned provisos will not pose a threat to the health, safety, and well-being of

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the immediate neighbors. If they had, I would assume, I think rightfully so, that the RCO

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i would assume i think rightfully so that the rco would be opposing this as such i'd

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would be opposing this.

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like to have my client lavon williams raise his hand and be recognized

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LeVon

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LeVon

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That name out there

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He

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He was logged on

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Mr. Anastasio, you being an officer of court, we'll stipulate your client would have adopted

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your testimony. Very well, sir. Thank you. And I'm open for questions.

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Miss, any questions from the board before we move on to Ms. Haskins?

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No. Ms. Haskins?

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Yes. Yes, sir. Good morning.

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Yes.

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um good morning members of the board mr chairman uh i i would like to um inform you first that we

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have several businesses that are adjacent to the site available to testify i will probably bring

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only one of the business and property owners on in the interest of time I want to show photographs

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and so I'd like to share the screen so that you can see that we have taken photographs as late as

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October 7th which still showed illegal parking on the street during rush hour

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which shows cars that have been parked there longer than the two weeks that the

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code requires people have smell paint coming from the premises and so we are

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opposed to a permanent we're opposed to a permanent special exception we'd like

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to say at the outset that we're certainly um aware of the balance that the board is faced with here

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there's a a business that is has grown in volume and this business is probably going to grow even

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further because it seems to be very successful however the site itself is inadequate for the

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amount of business and the future growth of this business he is parking on the

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sidewalk he's washing motors on the sidewalk and he is also parking cars

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illegally along Berkeley Street which is a very very tight and well-traveled

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street especially during rush hour there's in fact signs posted saying no

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parking during rush hour from 4 to 6 30. I'd like to share my screen if I can and I hope I can do

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this with facility. Yeah Mr. Anastasia I think your screen is still up. Yep I'll yield the screen

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I'll be happy to yield the screen. Thank you. Now do I have to click start video at the bottom of

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my screen? Ms. Haskins you can do that if you want your picture to be visible to all of us

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however in order for you just to share your screen you're just going to have your documents

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open and available they're open hit that green share button at the bottom of your

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um screen i don't see a green scare wait a minute maybe that's under more

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um are you on a share screen i see it okay click on that okay and then click on your

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documented it should open for you okay is it opening not as of yet oh dear um all right let

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me i thought i had to to do something a little more than um typically just hit that green share

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button which would allow you to share the documents that you click on after oh i see okay here we are

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here it is coming up for you now okay there we go we got it thank you okay i i think the first

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photo that you're seeing is the traffic that is um going along at rush hour and you'll see

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along here is where the site is that's green street there's the traffic light right there

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and these are his cars parked here most without licenses I can go to some of the

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cars that are parked on the sidewalk here's a car that's parked

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Cars that are parked on the sidewalk, here's a car that's parked on the sidewalk without

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a license.

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There's the photo that shows no stopping during this time.

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Let me see if I can keep going to the, for some reason it's.

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Mr. Chairman, I just want to respectfully object.

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