civus
Hearing video

ZBA Hearing - July 20, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 20, 20212h 56m

Okay. And finally, have you met with the RCO and do you have a letter?

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Yes.

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Okay. Thank you. Please proceed.

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Thanks.

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I'm going to share my screen.

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So as the board can see, this is the property ahead of us.

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This is 6,000 line Kiln Pike.

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This is the legalization of a personal auto repair and maintenance shop on a triangular

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5,640 square foot lot.

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

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I do.

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Thank you, sir.

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Please proceed.

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Okay.

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The RCO in the area is not functioning at the moment, so we were required to do a community

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meeting, and the Councilwoman asked me to host a community meeting with the folks in

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the area to hear about this case.

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that took place on July the 15th via Zoom.

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There were 19 folks in attendance.

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Some of the members of the non-functioning RCO were present

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and they did ask that the applicant

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agreed to certain provisos that were presented prior to the meeting

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with the addition of another that said no dogs to remain

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on the premises after hours.

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The applicant did agree to do so, and there was a vote of non-opposition.

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So there were six non-near neighbors, and there were nine near neighbors, and they were all voted in non-opposition.

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The councilwoman is not opposed to this, granted this proviso.

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Okay.

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Yeah, as far as the provisos, there were eight listed, and like Ms. Pritzker said earlier,

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i think the one proviso uh it's number four on this list uh we wouldn't be able to uh accommodate

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you with that proviso right vehicles parked in the street but i guess the other seven you know

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would would work i think for us yes chairman okay amenable to that all right uh is there anyone else

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in the audience that would like to speak on this uh on this property on this case yes chair i have

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Ms. Sandra, you can unmute yourself.

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Good afternoon. Can you hear me?

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Yes, I can hear you.

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Could you please state your name and address for the record?

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Yes, my name is Sandra Broadus.

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I represent ACCA.

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We are the RCO that was not able to host the meeting

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but did participate in the meeting.

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Our address is 5801 Ogons Avenue, Philadelphia PA 19141.

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Ms. Broadus, do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Okay, thank you. Please proceed.

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This meeting was escalated, so we were rushing against time just trying to get all of our communication with the community together.

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there was an RCO letter submitted at a late hour requesting three additional provisors

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that I'd like to review. One of the concerns at the meeting was the fact that the applicant was

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told that, or basically the community was told that it didn't matter what was in the lot,

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how many cars that the applicant had in his lot as long as they were in the lot it was really

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none of the community's business the community members were trying to speak to the applicant to

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let him know that as a new business that's been operating since the beginning of the year actually

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without a variance they were concerned if he's doing routine maintenance that usually requires

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cars in and cars out at the end of the day so many cars um in the lot at this time um we did

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ask Ms. Pritzker not to use the photo that she used of the lot which is when it was vacant

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and instead use one of the photos that we provided which I'm unable to share my screen because I am

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computer illiterate um excuse me Ms. Broadus if I can interrupt um to the board members I did email

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you those photos and the letter if you'd like to check your email okay so so there there are

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so are you agreeing to the additional provisos that as well there were three additional provisos

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so um just to weigh in a little bit and mr richardson can weigh in as well

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okay well can i can i just finish the the we were requesting we are the community is concerned

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because the property is so close to exactly next door to a residential block um that there be

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professional trash removal um to minimize the uh you know the uh the trash impact on the neighborhood

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there is there are two entrances to the property and the owner was kind enough to say that they

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were extending the courtesy not to use the champ law street entrance which is exactly next door

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to a residential home and extends into the residential block.

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to a residential home and extends into the residential block we would like that to be

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not just a courtesy but a proviso on the use and then um we were wondering and we did make an

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a formal inquiry as to whether or not there the board had the ability to um actually extend some

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form of limitation on the number of cars that are in the lot, and that the community is not

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interested in zoning a junk shop in the middle of their neighborhood. They are willing to work

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with this applicant, but we are asking that there be some consideration for the community as well.

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Those were the three requests. Is there any way that the number of cars can be limited

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and on the lot can they have professional trash removal and can it be ruled that they use the

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line kiln pike entrance instead and not use the champlot street entrance those are the things

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that we're requesting so we had already agreed chairman to the proviso about the commercial

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trash pickup we we're not going to agree to the amount of cars based on uh you know we're allowed

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to have as many cars uh based on the requirements of the code and there's no um specific specific

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number um we were had explained at the meeting that all the lot all the properties at the end

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of the day or all the cars at the end of the day are brought on the lot um so to get them off the

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street and that depending on what services people need sometimes parts have to come in and things

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of that nature so it fluctuates i have the photo on the screen showing uh what the lot looks like

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full and I think maybe at most there's like eight to ten cars but I think limiting a business's

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ability to utilize their own lot to provide it it's not a junkyard they're not stacked up

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those are not the photos that we have taken that represent the lot I have okay Ms. Brodus

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Ms. Burtzker has the floor right now you'll have you'll you'll be able to respond in a second

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um so i have the photos up in front of you i wanted to just show the ones that were submitted

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to the packet which do show the lot as it's functioning and they were taken within 21 days

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of of the hearing um as required with the zoning notices so they are recent photos so the board

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can see um i would have to defer to the client on if he's okay with the proviso about the second

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door i don't know how that would limit his business i know he's been doing that generally

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and had no problem i just don't want to put something in we we weren't we didn't have that

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conversation with him at the uh community meeting and these extra provisos i think were sent to me

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today so i didn't have a chance to to review it with him the first you're seeing those provisos

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yes okay same with the council office as well okay sharon are are you there i am i have a question

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about the, I guess the, there were three provisos added, the trash, I think they're on board with

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the trash, but the other two provisos, I don't think we're able to, are we able to address them

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as a board? I would like to know Ms. Pritzker's position on the vehicular access, but I believe

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that you can add a proviso uh saying no vehicular access from champo street as for the um number of

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cars on the lot maybe but you would have to i mean that would require coming up with a reasonable

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number that the applicant agreed to and that's not something we had discussed i mean a lot can

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only fit so many spots and honestly again this is a business that's trying to survive in kind of

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tough times and so to limit their ability to put certain cars on the lot I don't really think is

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fair especially because we've only discussed it today and it was not uh we didn't have a chance

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to discuss it prior um Edgar's on so he could certainly discuss and and whether he's amenable

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to the request on Champler I don't want to speak for him because I don't know how that will affect

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his business but you do agree Miss Pritzker all of the cars will be on the lot yes the cars are

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on the lot yeah absolutely thank you you said your client is is in the audience yes

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would he like to speak yeah i think uh trying to get him to to do so

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i'm gonna call him

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hey hey are you i'm gonna i'm actually i'm on the zoom meeting i was trying to i raised my hand

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okay well i just have you on speaker so i need you to state your name

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for the record and your address and then you'll get sworn in and you can add your testimony okay

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for the record and your address and then you'll get sworn in and you can add your testimony okay

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sure yes uh Edgar Gutierrez please spell your last name sure uh g-u-t-i-e-r-r-e-z

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okay and your address uh six thousand long kill pike one-on-one put it up in pennsylvania one-on-one

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

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yes sir okay proceed uh so edgar did you hear the additional provisos about number of cars on the

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lot um which i don't think that we can agree to but um maybe we can compromise with agreeing to

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not utilize the champlard side of the street i just wanted to hear if there was any way that

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that would affect your business um yeah so so you know um i i definitely heard it

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and since we've been here in january we have yet to use that that that side of the street um

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you know as as a as a courtesy to the neighbors we have yet to use it the only issue i have with

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that is in case of an emergency i cannot have that block it's it was there you know it's an

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entrance the sidewalk has you know um a driveway it's literally a driveway so excuse me that could

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be added as an exception it could be no vehicular access except for emergencies is that okay with

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you if it says that's that's fine i mean but once again like i said you know we've done this as a

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courteous you know being encouraged as to the neighbors so we haven't used this since but i

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just don't want to limit you know in case of an emergency okay yeah i think that uh the board

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understands that and we would be amenable with that additional language that uh miss saletta

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recommended and as far as the amount of vehicles in a lot you know i can't you know we're keeping

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them off the street um you know to to once again make sure that we are in good faith with the

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neighbors and not pick up any space um i you know i just don't you know i the whole purpose is to

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get the vehicles in and out not to hold them in but everybody knows we're in tough times because

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of covid and they're they're you know parts are delayed um you know these parts stores don't have

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much drivers and so far you know it's it's it's definitely not we don't store the vehicles

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you know because we want to understood understood so so out of the three added provisos

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the uh professional trash removal yep and then the uh vehicular access uh just for line come pike

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and not on uh sham sham how you say that sham sham law street yeah um except for an emergency

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see you guys are okay with that yes chairman okay miss broaders are you there i am here

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and i i just would like to say that um the the purpose of the community is to have dialogue i

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mean the meetings are to have dialogue with the owner and i'm hoping that the owner hears that

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the community is not happy with the present the present use of the lot with all the cars in it

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The complaint is not that you're moving the cars in at night, is that the cars are always there. And we've had an opportunity since the beginning of the year to witness how the lot is operated.

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So there is a concern about cars sitting in the lots and just staying there as the permanent housing for that lot. We don't want that presence in the community in that manner.

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the car should be in and they should be out it should not be a garage looking like a junkyard

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which is what happens when the cars sit there long term as they have been witnessed by neighbors

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which they were trying to express to you at the community meeting that is the concern

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that the car is not moving understood with all due respect this is a car and auto repair shop

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the properties are being kept on the lot and so it's not outside the scope of the business and as

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you can see we've agreed to a significant amount of other provisors related to the operation of

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this business in a you know in an effort to work with the community and we will continue to have

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those conversations. Ms. Pritzker so as you stated it's an auto repair shop so as the cars get fixed

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they go off a lot he doesn't make money keeping the cars on the lot I assure you of that I also

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believe there's some folks from the community direct near neighbors who are here to speak

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in support of the project as well, if they're able to have an opportunity to be heard.

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Is there anyone else in the audience with their hand up that would like to speak on this case?

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Hello? Can you hear me?

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Ms. Gardner?

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Yes. Can you hear me?

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Yeah, I can hear you. Can you please state your name and address for the record?

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Ms. Gardner?

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She was muted.

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Yes. Can you hear me?

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Yes, we have you. Can you state your name and address for the record, please?

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Yes, Shadena Gardner, 1612 West Champloss Avenue.

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And do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Okay, you may proceed.

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Yes, I just wanted to, as a neighbor that's immediately across the street from the property that we're discussing,

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I'm in favor for the property to be there and for it to be used as intended.

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We've had no issues with them as a neighbor.

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They have not, no cars have been on the street.

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We don't feel like it's being used as a junkyard.

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The business has been nothing but friendly and admirable to the community.

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We haven't had any issues, no loud music, no dogs barking, none of those issues.

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So I'm just advocating to saying that I'm in favor for the business to be used as intended purpose.

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I haven't had issues with parking since they've been there.

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And they've just been great neighbors.

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And I've actually can say that I was very hesitant when the business opened and did not want a business right there.

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But since it's been there, it's been a pleasure with them being there.

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And we haven't had any issues.

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I haven't had to, like, call the police for anything or had any, you know, riffraff or anything like that.

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And I don't feel like it's being used as a junkyard.

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I don't think it should be a capacity for how many number of cars they can have over there.

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They've been using it for their intended purpose.

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And also, it's never even been loud.

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And I'm directly across the street.

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If you look at the pictures, you can see my house in those pictures that you have.

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Okay.

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Thank you.

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Thanks for your comments.

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Is there anybody else with their hand raised that would like to speak on this case?

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Yes, we have Jermaine.

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Yes, can you hear me?

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How you doing, sir?

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Good.

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Can you please state your name and address for the record?

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Jermaine Fitchett, 1618 West Champlaw Street.

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Okay. And do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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