civus
Hearing video

ZBA Hearing - May 21, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 21, 20255h 4m

right but those are different zoning classifications so yes i know and and we're allowed

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the 38 feet. Ultimately, I know the goal of the eight-foot setback was to basically allow light

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to get on the street on typically the narrower streets in Philadelphia. By setting back the third

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floor, you allow light to reach the middle of the street. Well, that occurs on narrow streets.

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On Jackson, where we are, you can fit four lanes of traffic.

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We have parking on both sides of the street, and two lanes of traffic come down the street.

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Ciro's constantly having deliveries where a truck is parked and cars and buses.

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Let's stay off of where Ciro has deliveries.

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That's also not the only reason for the eight-foot setback.

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So I think a concern that I have is that this is a majority two-story row house block, and the rendering that you showed is a little imposing from the street view.

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I think there's other details, like the mansard roof detail that we see happen a lot in Sosna's district that are done to sort of mitigate that feel from the street.

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and i one this still has a roof deck at the rear and so i guess my first question is why wasn't

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this addition put at the rear of the property to fill in the existing roof deck and maintain

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the eight foot um setback and eliminate the need for uh approval at all

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oh i think ultimately you you speak about the mansard council why don't you start responding

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into some of this sure sure so the the front was not used the front was just an open open area it

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wasn't used as a roof deck it was just the setback so the way that the property was built they put

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the deck on the rear um of the property now they are having some problems i can understand if it's

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an aesthetic issue that's something that we could probably work with the board on um if it's an

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aesthetic item um but the the reason for leaving the front portion open was not to put a deck or

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work with the different areas just to leave it open for the setback requirements and then what's

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the reason that the front deck is not being used because it does look like from the photos you

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showed as well as google earth that there is access to the front and the railing would lead

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one to believe that it was designed intending for a human being to step out and that is there for

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as safety it's it's my understanding is that the railing is there for safety it's not a finished

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deck on that the rear deck is finished and meant for walking on so it could probably be a safety

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item which i'm sure josh can testify as a young son there is you know if if a child did get out

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there that would be a safety issue and and so that's one of the concerns here so i the original

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plan wait a minute wait a minute wait a minute sure counsel do you want the architect to speak

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Sure. Counsel, do you want the architect to speak? Yes, please. I control this a little bit. I got it. I'm sorry. I'm sorry. Yes. Go ahead, Mr. Dollar. Regarding the original plans and why there were changes in the plan, why it's being changed now.

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Yes, please.

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We've got to control this a little bit.

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I got it.

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so the the deck was not approved in the original plans in the original plans the roof deck was

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orientated to the rear because that is the view of the city um and basically that that was the

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way to utilize and you know gain that view of the city um which you by taking up that space

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you eliminate that it this also is a by putting this addition here we're also able to connect it

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to the main room of the house in the other situation you wind up having to go around the

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bathroom um this way it went this way he would actually be able to use more than the eight feet

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for the home office whereas if he filled in the rear we wouldn't be able to um we also are proposing

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a mansard roof similar to the Sosna you know what is used along many other properties unlike

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the corner building across the street we that was discussed with Josh and he also agreed that

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the mansard roof is a better transition from you know the existing two-story to the new three-story

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um and so we were doing this and i just want to reiterate that ultimately 1723 and 1727

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could do this proposed edition tomorrow okay so we're doing this edition now we're working on

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this one now uh council could you bring on your client to adopt your testimony and the architect's

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testimony, please. Sure. Mr. Sklaroff?

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I saw him on shortly.

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A little while ago there. Josh? Good morning, board. Can you hear me?

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Good morning. Yes. Could you please state your name and spell for the stenographer?

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Of course. My name is Josh Sklaroff.

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J-O-S-H-S-K-L-A-R-O-F-F.

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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.

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Please proceed, counsel.

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Okay.

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Mr. Speroff, do you adopt the testimony of your counsel and your architect as your own?

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I do.

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Okay.

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And I'd also like to move the exhibits into evidence, please.

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Thank you.

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Thank you.

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Do any board members have any further questions?

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I just want to go back to what board member Taya spoke about.

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it appears from the google that they're sliding doors off to the area in the front yes um

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so there's a few things i also would like to um answer miss win's question about why things did

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not go originally that way um but the reason we did that was we were unaware we would not

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be able to have that access when we were told during construction the doors were pretty much

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already in place. So we have a locking mechanism on the inside, which does not allow us to open

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the door. It's a safety mechanism. And we installed that in order to pass our inspection.

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We do not use the front part. I've literally only gone out there during major storms because we do

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get some water that collects. Unfortunately, the drainage was not properly done. And we're hoping

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to try to fix that. Other questions? Not question, but comment again, along with board member Winn

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and board member Johns. I'm not seeing where there's any hardship here. You have the required

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setback you have a deck that you could enclose and use in the back as opposed to removing the

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setback. The deck cannot be enclosed and put inside this. I'm sorry I'm having a hard time

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with that and the other thing is the drainage issues are not are not connected to the zoning

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issues in this case if there's a if the drainage is a problem um that needs to be repaired in some

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other way and it doesn't require that you remove the front setback and enclose that space to take

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care of it all right questions from our attorney not at this time mr chair questions or comments

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from the virtual audience there are no hands chair planning commission

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there are no hands chair planning commission

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Thank you.

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

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chairman and board members the comprehensive plan recommends no change to the rsa5 residential

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single family zoning at this location we have recommended in favor of the elimination of an

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eight foot setback when that setback would have rendered a third story unfeasible however this is

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a 69 foot deep lot the appellant could accommodate a third story while still including the setback

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provision no economic detriment would accrue to the appellant by following the setback requirement

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the city planning commission recommends that the board that the board deny the proposed

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dimensional variance from the third story setback provision in the zoning code mi 2024

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002-515-1725

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Jackson Street. I vote no. Michael Jones, my vote is no.

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Cheryl Gaston, my vote is no.

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Tanetta Graham, my vote is no. Tywin, my vote is no.

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Thank you, counsel.

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Number six, MI 2024

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007-590-5825

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Taconi Street. Zen Jin is the attorney.

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there's a letter of non-opposition from

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Wissahick and Civic Association

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Zen Janis coming in

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as a panelist

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good morning

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good morning counsel

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Could you please state your name and spell for the stenographer?

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Yes.

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My name is Zen Jin, Z-H-E-N, last name J-I-N.

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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.

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Do you identify your client in relationship to the property?

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Yes.

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Metro Auto Service is a tenant at the location, and that's my client.

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This is their application.

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Do you waive the reading, the refusal?

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Do you agree with its accuracy?

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I do.

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please start your presentation. Thank you. I'm going to share with the board what was

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submitted previously. Can the board see my presentation on their screen?

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It's coming up now. We see it now, sir. Great. Thank you. So this is an application that was

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submitted to add what is essentially an additional use to an existing business.

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There's an existing truck and heavy equipment repair shop.

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What we're proposing is to add a paint booth to the location so that it becomes a one-stop

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shop essentially for both body work as well as mechanic work.

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This is located in a I-3 industrial district near Taconi Street, which I will show you in a little bit with photos and other in the plans that it is well away from any residents and it's actually a generally heavy industrial area.

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So the proposed paint shop is actually a special exception.

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So this is a referral. The use proposed was supported by the RCO after we, well, not opposed by the RCO after we presented it because of its location, because of the existing business and because of the size of the building in which the paint booth will be located, there will be almost no impact to the surrounding area.

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In fact, this is the location.

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I'm going to zoom in a little bit on the photos.

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The building that we're talking about is here.

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This is the industrial building that the repair work is done in now.

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Here are some of the existing conditions within the building.

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This paint booth, which is being proposed, will actually be about this much of the space within the building.

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So this is the paint booth that is going to be built within the space.

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And as you can see, it is actually a very small part of the overall space.

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And that is also reflected on the plans.

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The actual paint booth, which because of the size of the building,

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so if this is the building footprint, this will be the paint booth relative to the overall size.

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so it's a very small part of the building and again you can see from here this is the proposed

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paint booth versus this is the actual building itself the building again with the venting of

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with the venting of the paint booth, it'll be going to filter system up to the roof of the

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the paint booth it'll be going to filter system up to the roof of the

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building. And it's located essentially at the center of the building. So there'll be no impact

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to any of the neighbors in the area, mainly because they're also generally industrial buildings

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and they're far enough away that there's really no direct impact to them. Another way to see this

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clearly will be on the map itself. So as you can see, this is our location, and this is another

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set of buildings, industrial buildings on this side. There are a few residents over here on

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Comley Street, and that was also discussed with the neighbors at the meeting. But again,

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they're far enough away, and our paint booth is small and located within a large building

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that there will be no direct impact to the neighbors. And as such, we receive non-opposition

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to our proposal, given it's a special exception, I would submit that this would not cause

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any negative impacts greater than what would normally be expected of this kind of use.

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And with that, I'm happy to answer any questions or redirect to any part of the presentation.

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And my client is here to verify my testimony.

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Why don't you bring your client on first?

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Sure.

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His name is a little hard to pronounce, but Vaz, can you raise your hand, be identified

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so we can have you

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verify my testimony.

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Your client has been promoted.

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Thank you.

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You're welcome.

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Sir, could you please state your name

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and spell for the stenographer?

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I don't know if he's having mic issues.

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Yes.

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Great.

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Hi, everyone.

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Hi, sir.

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Could you please state your name and spell it for the stenographer?

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My name is Vakhtangi Mualadze.

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People call me Vak, V-O-C.

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The legal name V-A-K-H-T-A-N-G-I and the last name M-U-L-A-D-Z-E.

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Do you swear or affirm to tell the truth, the whole truth, 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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Buck, did you see my presentation on your screen and also hear my representation before the zoning board?

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Did you hear my question?

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Not so many.

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Okay, I'm sorry.

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Did you see the presentation I made to the zoning board

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and hear my representation?

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Yes.

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Do you still hear me?

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Hello?

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Yes, I can hear you.

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Yes.

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Yes, yes.

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Yes, I did.

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Yes, you did.

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Okay.

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Can you verify what I have represented to the zoning board

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is true and correct and adopt it as your own testimony?

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Yes, it is.

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Thank you.

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Zen, just out of curiosity,

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did they put additional exhaust there?

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the the paint booth itself will have its own uh system for venting as well it's required as part

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of the paint booth yeah what i'm sorry vack the paint booth will have its own specialized

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