civus
Hearing video

ZBA Hearing - October 14, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 14, 20266h 39m

So I'm going to give you a date.

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The date that we set is 2-2-27 at 9.30 a.m.

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Is that now?

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And now before?

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Yeah.

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Well, if we can do anything different, we will do it. But for the record right now, it's going to be 2-2-27. That's what we're always up to swear. So I know where we stand. I know how we do it. So I'll check with the staff later and they'll be in touch with you.

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Okay.

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Is that okay?

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That's good. Do we have seven more minutes or we're not, we're completed?

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I don't want to start this and like, you know, say to people here, you got to rush this because, you know, there's a lot to it, right?

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Yeah. And then, you know, you had Mr. Nelson and I don't know what we have up there.

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Yeah. And then, you know, you had Mr. Nelson, and I don't know what we have up there. And we also have your architect. So I think we're going to do that. I don't know that we can finish this. Okay. All right. All right. Thank you. Thank you very much.

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Excuse me, Chair. Yes. There's a hand up from Concerned Community.

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yeah we're going to move on from that case story thank you okay all right right okay so uh

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number 12 mi 2026 002 494 64 10 to 14 west gerard avenue zen jin is the attorney

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then jen has been promoted to panelists

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good morning good morning sir could you please state and spell your name for the stenographer

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yes my name is zen jen z-h-e-n last name j-i-n do you swear or affirm to tell the truth the

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truth nothing but the truth i do did you identify your client a relationship to the property

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uh yes uh my client is uh lin jun jiang l-i-n-j-u-n-j-i-a-n-g property owner right um

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our vice chair has a few questions for you sir good morning have you submitted your documents

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exhibits 14 days in advance of this hearing we did did you weigh the weeding of their refusals

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and stipulate to their accuracy i do all right thank you can share your screen and proceed with

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the case thank you i'm going to share with the board am i correct we have no rco letter am i

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right do we have that is that is correct we did have a meeting with the rco and we made the rco

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aware that we do have the hearing today right however we didn't receive their letter in time

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Thank you. This is an application for 6410 to 14 West Girard Avenue. We are requesting

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a change of use for the one commercial unit that is on the first floor into a residential unit.

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When combined with the other two existing residential units, the total request is for

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multi-family household living of three units this is a cmx2 zoning district and multi-family

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household living on the first floor is not generally permitted this property has some unique

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circumstances that prompted my client ultimately to make this request this is actually the building

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across the street and this building here is in fact the building in question that we're making

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the request so on this block with particularly with my client's building and their neighbor's

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buildings the lot is situated in a way it's the broader side of the lot actually faces the street

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with the shorter side of the lots going back into the rear.

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So these are kind of rectangular shape with a long face towards the street side.

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However, over the years, even though they are all zoned CMX2,

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majority of these properties have found it very difficult to get commercial tenants,

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particularly with across the street and nearby being more residential in nature,

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uh my client just couldn't get commercial tenants uh and as you can see this is never really fitted

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out um in neither of the neighbors really fitted out as large window commercial spaces these were

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used for small commercial uses in its history about more recently the only tenant that my

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client was able to find was actually a small private church who occupied this space until

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recently. The church, unfortunately, because of its activities, actually caused more complaints

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from my client's neighbors than any other uses on the block, which were all residential.

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So ultimately, my client, based on that feedback, and in looking at the similar buildings nearby

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being fully residential, brought forth this application to convert the first floor to a

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residential unit. Prior to this initial, I mean, this application, my client actually was in the

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process of trying to get a possible nail type business in a barbershop. I'm sorry.

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a possible nail type business in a barbershop, I'm sorry, a barbershop into the space

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and tried to negotiate that setup. This is the plan that they actually prepared for the barbershop

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in anticipation of trying to get a tenant in. That ultimately also fell through. At this point,

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other than a church use, my client has not been able to really get much interest as a commercial

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space. The space itself is not that large. As you can see, the overall width of the space is 42 feet,

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but the depth is 20 feet. So it's actually wider than it is longer on the inside. That also means

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that we cannot change this into a smaller office space simply because the 20-foot depth from the

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street frontage is required for CMX2 as well. The proposed change is to simply convert this

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into a single bedroom residential unit by relaying out the space to have kind of an open kitchen

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and living room area, and then a bedroom with its own bath and a secondary bathroom

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on the side so this will be the entire first floor laid out simply as a single family residence

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this is actually the same kind of use that is in the next door building which is same in overall

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layout and size and would be consistent to both neighbors once it is converted the upper floors

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already exist in current conditions. They are two smaller apartment units that

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have been in existence and are legal. As you can see, these are laid out also as sort of a

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one-bedroom setup with a smaller kitchen area and one of the corners being used as their living area.

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the upper floors currently have their own access to enter and on each side so their their doors

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if you're looking at the front of the property there's three doors so each of the upper floor

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apartment has their own entry door and then ultimately if this was to be converted the

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first floor into a third unit they also have their own entry into the space the basement

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which is shown here would be for utility and storage that was previously a space that was

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specifically applied to the first floor when it was a commercial unit the revised proposal will

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have that maintained the same way it would still be accessed only by the first floor

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So at this point, we have met with the community and spoke with the community and its neighbors.

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As you can see, again, I just want to point out the similar situated properties on both sides were also CMX2, but are now fully residential.

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We met with the community, and at the meeting, we did not receive any negative feedback.

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They said they would discuss and provide a letter.

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However, we have not received that letter as of today.

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And ultimately, my client's position is that it's been very difficult to operate this particular space as a commercial space.

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With the experience of the last use of church, she feels that the residential use would make the most sense for this property.

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And that is why we're requesting the board's favorable review of this matter.

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Thank you.

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You bring your client on?

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Sure.

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um let me see if we can um she should be here with us um okay yeah miss young can

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you raise your hand and be identified

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i'm promoting her now okay thank you thank you

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she has declined the promotion that's the wait a minute dick she might have came in

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she might have clicked the wrong button okay i'm trying again

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she's rejoining now

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She's rejoining now.

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good morning

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miss lynn you're allowed to speak

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unmute yourself please

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hello

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hi could you please state and spell your name for the stenographer yeah my name l-i-n-j-u-n-j-i-a-n-g

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

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yeah counsel thank you uh miss john did you hear my representation and see my presentation on your

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screen yes and can you verify what i have represented to the zoning board to be true

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and correct and adopt it and adopt my testimony as your own

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i'm sorry do you verify what i have said is true and accept it as your own testimony

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yes thank you questions from the board

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my question is uh is there any uh rear access for that first unit uh rear access no i mean rear

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exit there's no other exit uh no there's only the front uh because the property actually runs

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on the rear side to the property line okay it goes to the property line yeah there's no that

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was my next question um so is there any uh plan for trash um so they their lot does have um this

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area here is actually kind of a side space that is part of their lot that's not covered by the

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building um i can verify with my client if that's where the trash uh was stored prior to take out

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a lot of times uh before the commercial space had their trash in the um they have belco doors

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also outside that are existing so they had a different setup but i can find out more clearly

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what the ups upper floors were doing with the trash okay and so the uh only windows um would

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be the front the windows in the front that's correct so actually i'm sorry there is one window

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here um show on the plants you show you show three windows on that side yeah they're actually small

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window here and two larger windows here because the backs of the property itself is a open passage

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it's not a it's not another building other questions no just i just have a comment but

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you know i don't have a problem with anything it's interesting that the first floor is such

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gracious one for one unit apartment if laid out better it could actually yield you two units i

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would think um but you don't have any closet in the in the um in the bedroom so it's a weird

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shaped bedroom other than that i don't have any problem with the the concept of doing a

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unit on the first floor questions or comments from our attorney

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no questions questions or comments from the virtual audience

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i see no hands cleaning commission thank you chairman and good morning david vector with the

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city planning commission chairman board members the comprehensive plan recommends a change in

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zoning at this location from cmx to commercial mixed use to rm1 residential multi multi-family

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this neighborhood still carries its original 1933 zoning this appellant requests to convert

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vacant ground floor commercial space to a dwelling unit this proposal matches the character of other

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formerly commercial property on this block face the city planning commission recommends the board

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grant their proposed variances mi2026-002-494-6410-14 west drada and i vote yes michael johns

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my vote is yes cheryl gaston my vote is yes tenetta graham my vote is yes diana my vote is yes

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Layla Beebe, my vote is yes.

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Zen, please stay on.

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Thank you, sir.

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MI 2026-002-520-3698 Kensington Avenue.

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Zen, just for the record, state your name.

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Zen, Zen, Z-H-E-N-J-I-N.

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

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Yes, my client, my apologies.

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Uh, my client is, uh, with us is, uh, Giordano, uh, Gomez, uh, tenant of this property.

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Okay.

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okay and our vice chair has a few questions for you good morning have you submitted your

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And our vice chair has a few questions for you.

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Good morning.

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documents and exhibits for this case 14 days in advance of the hearing i did and do you waive the

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reading of your refusals and stipulate to their accuracy i do uh just for the board's information

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a letter in support was received by my office this morning i can share it with the board

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and i believe we will be making that submission as well thank you

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thank you I'm going to share with the board the previously submitted but updated exhibit

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can the board see my exhibit on their screen we can great thank you uh so this is an application

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for 3698 Kensington Avenue uh this is a proposal for use of this particular location as a

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personal vehicle sales and rental, and as well as personal vehicle repair accessory to that

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sales of vehicles. It is in a CMX2 zone district, which normally prohibits this kind of uses.

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This property received this morning a letter of support from Harrogate Civic Association. We

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met with the civic and the neighbors regarding this property, and the primary reason we received

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no opposition is because of the history of the property and its prior uses. This has been a

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kind of an auto sales or mechanics lot as far as the historical records can going back and see.

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And even most recently, it was used as kind of an auto sales lot with accessory repairs

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before it was left vacant for some time and subsequently my client took over and requested

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the current zoning because of its location being on this triangular corner where along this part

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of kansas 10 avenue there are quite a few other similar uses there is a sales lot right across

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the street there are mechanic shop and sales lots further up and down the block the neighborhood

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feels that this has been the use and is consistent to of uses of the neighboring properties and would

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not cause an issue for the neighborhood which is why we ultimately receive support we do have plans

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to update uh the building which is already started and it existed in a in the pretty

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much this condition but it's being refurbished the property will contain two bays and we want

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to show those photos it's a better way to see how the interior is laid out so that it has its own

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lot and the lot has uh existing curb cuts and is fenced in the building itself also exists with an

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office that's already in place along with two bays so the may uh the maintenance and repair aspect

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that is being proposed is going to be mostly limited to the two bays at most by appointment

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only primarily this mechanic bay here would be used really to refurbish vehicles that my clients

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will be getting to sell and then the secondary bay they would like to have it available for

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customers either for warranty repairs or if local customers or other customers are interested in

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getting simple mechanical work such as oil change break jobs they don't want to keep any work

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overnight so it will be limited to smaller projects such as oil change and things that

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can be done quickly within an hour or two. And again, it will be organized by appointments so

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that they will not have overflow of vehicles onto the street. Fortunately, we have not gotten any

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feedback from the neighborhood when we went to the meeting about problems with cars parking

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over the sidewalk. And because my client also, their three brothers, even though one of the

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brothers here with us today. The three brothers will help manage the property and work on the

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cars and handle the sales. They also have their father's shop not far away on Glenwood Avenue,

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not shop, I'm sorry, his business, which is a body shop, and they have a very large lot.

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So that was part of the discussion with the neighborhood that if they had purchased vehicles

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and somehow have overflow,

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they would make sure that it would stay

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on their father's lot pending sales.

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Primarily, the business is sales.

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It's gonna be mostly focused on selling vehicles

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and the repair is the accessory aspect of the business.

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And the repair is the accessory aspect of the business.

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So the neighborhood, again, because of the prior history of the use of this lot and the existing neighboring conditions, they supported us in this particular application.

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So we're asking the board's favorable review of our request to use this as a vehicle sales lot with accessory mechanical services.

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My client should be here to verify my testimony as well.

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what's your client's name uh it's uh should be giordano that's with us today okay

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uh giordano can you raise your hand virtually to be identified they have been promoted

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good afternoon everyone can you hear me yes i can could you please state and spell your name

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for this stenographer sir yes my name is jordano gomez is that j-o-r-d-a-n-o last name gomez g-o-m-e-z

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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 counsel thank you uh mr gomez did you see my presentation to the board and hear my testimony

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before the board yes can you verify what i have represented to the board to be true and correct

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and adopt it as your own testimony i do thank you uh chair and members of the board i also have here

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with me the uh the letter uh as a separate uh document i can share with the board real quick

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