civus
Hearing video

ZBA Hearing - January 29, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 29, 20256h 11m

parking use maintenance, is he going to do any kind of body or fender work or painting

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of these vehicles? Is that part of what?

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Whatever his cars require, I would assume would be done there. I can't, you know, I can't say

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that he's not going to do any painting or body work to them. If one of them gets hit,

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i'm sure he'll do it himself okay but that will require some other kinds of approvals but okay

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but yeah i don't the main use would be personal upkeep maintenance it's really mechanical his own

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vehicles yes but again i i don't want to say that he's never going to fix a fender bender if he has

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one um but i don't think that's that's not the intent or the purpose okay thank you

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other questions for the board all of these cars are specifically for personal use and they're

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not being used for any commercial activities that's correct and and you have again here

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i'll show you if you want me to go slower so that you can see them all

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there we go so here's the first one this one is for a 1977 dodge he collects cars it's a 1977 dodge

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this one's a 2010 infinity

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The next one for the record is Nissan 2004.

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The next one, Miriam Sabazco, for the record is spelled S-E-B-A-Z-C-O, that's his wife.

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It's a 2008 Toyota.

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the next one also titled in Miriam's name is a 2012 Subaru

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the next one going back to his titled in his name is a 1980 Mazda

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the next title in his name and his son his son is Jonathan spelled J-O-N-A-T-H-A-N Miguel

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and John Santiago, which is my client, is a 2014

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Nissan, and that's it. Those are all seven.

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Other questions? Questions from our attorney,

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Hillary Emerson?

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Not at this time, Mr. Chair. Questions from the audience?

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Questions from the virtual audience?

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I do not see any hands, Mr. Chair.

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planning commission thank you chairman apologize hold on

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thank you chairman and good more good morning david effecto with the city planning commission

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comprehensive plan recommends no change to the rsa5 residential single-family zoning at this

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location the long-standing structure on the site prevents the property from being used in strict

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conformity with the zoning code however vehicle repair and maintenance is not compatible with the

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primarily residential block base and we also want to note for the board that according to the code

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there's nothing limiting personal vehicle repair and maintenance to only repair and maintenance

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of the owner's vehicles so the city planning commission recommends the board deny their

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proposed use variance for personal vehicle repair and maintenance okay thank you um

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MI-2022-004-563-2005-07, Sargent Street, I vote no.

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Michael Johns, my vote is no.

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Cheryl Gaston, my vote is no.

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Snedagran, my vote is no.

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ION, my vote is no.

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Shmuel Shaheed, my vote is no.

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Thank you, counsel.

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Again, may I just be heard, because this was not zoned residential.

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It's not currently a residential zoning.

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It's not currently a residential zoning.

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Again, if you look back at.

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Again, if you look back at the actual-

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Council, we voted and we're going to move on.

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Thank you.

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Thank you.

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May I be excused?

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You can.

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Number nine, number six, I'm sorry.

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MI 2023-006-399-5044 Westminster.

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Zen Jin is the attorney.

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Lovely coming back in as a panelist, sir.

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fourth ward democratic rco good morning good morning counsel could you please state your

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name and spell for the stenographer yes my name is zen jin z h e n last name j i n do you swear

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or affirm to tell the truth the whole truth nothing but the truth i do could you identify

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your client and the relationship to this property? Yes, my client

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is Mr. Umani. He is the owner of the property.

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Okay. Our vice chair has a few questions, sir. Good morning, counsel. Do you agree to

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weigh the reading of the refusal or stipulate to its accuracy? I do.

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Have you emailed in all the required documents and exhibits that's needed to proceed

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with this case five days in advance of this hearing? I have.

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

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I'm going to share with the board the documents previously submitted.

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Can the board see my exhibit on their screen?

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Yes.

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Thank you.

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So we submitted this application.

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The refusal for the application is based upon the zoning district being RSA 5.

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What this application is, is an application to use the proposed structure for personal vehicle repair and maintenance.

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While it is zoned in an RSA 5 location, I want to point out a note, even in the refusal, that this property and this particular building, which is commercial in nature, has been used as a warehouse storage of hearses and limousines from a long time ago.

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And in fact, before that, if we look at the history of the building, it actually was a manufacturing site prior to the storage use.

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We met with the 44 Ward Democratic RCO.

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They do understand the uniqueness of this property, which gives rise to the request that we want to use it, not as a single family residence.

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Because of the history and the uniqueness, they are willing to support us in our application with the stipulation, of course, that we get a three-year temporary permit and that we will not keep the vehicles outside of the auto shop areas into the surrounding area at night.

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Looking at the map of the property, I'm going to move to the photos and the overhead map, which I think better shows the uniqueness of the property.

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this shaded area. I'm going to zoom in a little bit for the board's benefit

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so it's easier to see. This shaded area here is the lot that we're talking about that's in

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question. While we are part of what is a RSA5 surrounding area, this lot, one, it's a uniquely

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shaped lot, but it actually is connected out to the street and sits in the center and faces the

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back of pretty much all the properties surrounding it. Here you see how you would get into the lot.

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It's actually a wide driveway that leads in. There are parking spaces, a parking lot, and then

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we're talking about the actual building itself. So this is the entry area, and this is the

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existing building. So the building, as you can see, is an industrial-style one-story building.

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My client's proposal, of course, is to renovate the building on the exterior, fix it up, make

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it look nice, clean up the lot, repave it if necessary, but refreshing the property,

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not rebuilding the property.

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The property interior, even as it exists now, contained the hearse storage and they did

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maintenance on their hearses inside.

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So there were, in fact, lifts already in there, and there's an office that was in the corner.

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This is essentially going to be kept.

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There's no need for us to do extensive changes to this structure.

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I do want to point out part of the reason my client wants to use this space is because he has an existing auto mechanic shop that is actually under a lease.

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And the lease is going to expire soon. Rather than having to continue to lease the space, which is only a few blocks away, he'd rather make use of the space that he actually owns and try to get the shop in a space that would no longer require lease.

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and try to get the shop in a space that would no longer require lease,

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and he can maintain and control more directly.

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Here's more of the interior photos.

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As we look at the design itself from the outside plan standpoint,

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this is how the layout of the lot would break down

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if we were to look at a completed design.

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And here's the existing building.

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again with the access here. There are parking spaces that are already existing. They're not

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marked out on the actual lot, but they would be once the renovations are complete. The

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rendering here shows kind of the conceptual how you may look once it's complete. There'll be more

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lifts installed to allow more base inside. The space inside is large enough that vehicles can

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actually come in park turn around and then be pulled out so it's a large space uh all the work

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will be contained within the space we're not looking to do any work outside of the space

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the mechanic shop is exactly that it's a mechanic shop um waste oil is picked up by a reliable waste

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company uh so they're they're specialized in picking up waste oil there is a tire service

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that my client uses. If a client requires a tire change, the service actually brings new tire

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and takes out the old tire at the same time. So no tires will be stored on the property or within

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the property at any time. So this is the kind of a rendering of what the parking area may look like.

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And again, once the building is resurfaced, it's going to be named East Coast Auto Depot.

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When we present it to the community, naturally, because of its unique location, the community did have some concerns.

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And that's why they wanted to give it a test run for three years rather than an outright permanent use.

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And my client certainly is confident that he will make the community happy and keep them happy, even though his business will be there.

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To minimize sound impacts, we do want to point out that the building itself, when the vehicles are inside being worked on,

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it's almost once the doors are closed, you will not really hear much, if any, sound coming out of

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the structure itself. So with all that, we're asking for the board's favorable review of this

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application. And again, we want to point out that this property does have a unique physical

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location and history that gives rise to a hardship in this particular case. Thank you. I'll be happy

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to put my client

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on to verify my testimony.

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Council, why don't you bring your client on?

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Sure. Mr. Imani, can you

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raise your hand virtually

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by tapping the raise hand feature

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at the bottom of the screen?

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Okay. They have been

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promoted to panelists.

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Thank you.

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Please

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unmute so you can answer the board's questions.

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are you uh there mr good morning good morning ladies and gentlemen

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oh thank you very much could you please state your name and spell for the stenographer

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yes uh hisham imani first name h-i-c-h-a-m last name imani i-m-a-n-i

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Do you swear on the firm 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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Thank you.

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Mr. Imani, can you verify that you heard my testimony and saw my presentation before the zoning board?

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Yes, I did.

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Can you also verify that what I have represented and shown is true and correct and adopted 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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Yes, I have a few questions.

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One, do you know how many of the existing windows on the property are operable?

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Mr. Imani, are the windows operable that's currently on the building?

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It's a warehouse style windows.

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OK, they're like square with a mesh metal inside the glass.

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They're pretty large windows.

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And yes, they're all in good condition.

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But are any of them operable?

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like can you open do any of them have the pieces you can open it to allow air into the building

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no they are not they're not designed like that okay and then my second question is about the

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the heating ventilation and cooling um can you talk about what the existing system is and do

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you have any plans to upgrade the system the the the office part of it does have

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heating and air conditioning

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uh heating and air conditioning uh it's a wall unit uh the the the warehouse part or the garage

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it's a wall unit

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part have uh a used oil furnace it's a furnace that uh that the the shops use to uh that to use

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that is used by the waste oil from the car no no cooling in in in in the building yes just in the

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office what is your plan for the summer months when you have people working in the building on

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the vehicles well my plan is to add um add air conditioning we're actually talking to a company

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called quality air they're the one that's going to be handling that for us they came they measured

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I did not get the proposal for the AC.

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The reason I did not, they said,

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you just give them a little bit of time

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because they're plumbing, heating, and air conditioning unit.

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And in the winter, they're very busy with the heatings.

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So that's the company that's going to be here.

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I'm waiting for the proposal from them,

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and we're going to move forward with that.

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Okay.

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I just want to point out that it looks like

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from the RCO support letter,

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there seems to be a concern about like physical like physical vehicles being on the street and

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because it's rsa5 zoning district which is mostly single family residential and like no noise is

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gonna always be an issue and that as much as you all can keep those doors and windows at the

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perimeter of the property sealed and closed that will help mitigate a lot of that sound transfer

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and any fumes or noise all the questions from the board yeah just i'll just make a a quick comment

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I'm very familiar with this particular property.

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I've known it forever, as long as I've been alive.

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It's always been a livery.

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What's that, about 25 years?

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About 25 years, just 25 years.

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It was always a very quiet place.

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So if this owner plans to keep it the same way, I think the community, you know, that's why they probably didn't have any opposition,

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because it's always been a decent

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place. It sits

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behind the houses so you don't

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even see it. The only thing you see is the driveway

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and so long as you keep the

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cars out of that driveway

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at the end of the day, I think

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it's a good, no problem.

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