civus
Hearing video

ZBA Hearing - February 22, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 22, 20233h 36m

James Snell, my vote is no to reconsideration and rehearing.

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Number three, MI 2022-005-393-2546 Page Street. This will be heard during the 2 p.m. hearing a little later when Mr. Shahid gets on the phone.

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number four mi 2022 003 851 7200 marston street i vote yes with proviso use limited

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to the retail sale of baked goods thomas holloman my vote is yes with provisos

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James Snell. My vote is yes, with provisos.

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Number five, MI 2022-005-509-2552-64 North 3rd Street. I vote yes, with proviso. Per amended

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refusal dated 2-17-23. Address and refusal for streets, trees added, attached. Maximum 64 units,

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revised plans, two pages, stamped by ZBA on February 22, 2023. Use registration required

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Use registration required prior to occupancy for vacant commercial spaces.

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prior to occupancy for vacant commercial spaces.

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Thomas Holliman, my vote is yes with provisos.

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Jane Snell, my vote is yes with provisos.

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Number six, MI 2022-003-166-4847-49 Haverford Avenue.

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This vote, the vote on this matter, will now be held on Wednesday, March 1st at 2 p.m.

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Number seven, MI 2022, 004-886-617 East Durham Street, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Thank you. We're moving to our regular list.

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Number two, MI 2022-005-916, 1400 South Christopher Columbus Boulevard, Ronald Patterson is the attorney, letter of non-opposition from Penn Sports Civic Association, letter of non-opposition from Council Member Squilla.

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Okay.

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So, Mr. Patterson, we'll be rejoining as a panelist.

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Thank you.

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Good afternoon, Mr. Chairman.

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Ronald Patterson here.

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Mr. Patterson, could you state your name, please, and spell for the court reporter?

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Sure.

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Ronald Patterson, P-A-T-T-E-R-S-O-N, at Claire Harrison Law Firm, K-L-E-H-R, 1835 Marketplace.

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street Philadelphia. Do you swear or affirm to tell the truth, the whole truth, and nothing but

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the truth? I do. Could you identify your client, a relationship to the property? Sure. The property

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owner is Tower Investment. Principal owner is Bart Bladstein. Okay. Thomas, could you follow up

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with follow-up questions? Yes, Mr. Chairman. Good afternoon, Council. Do you agree to waive

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reading of the refusal and stipulate to its accuracy? Yes I do. Did you email all the exhibits

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and documents as required five days in advance to this hearing? Did you meet with the RCO and

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do you have a letter? Yes to all of the above. Thank you please share your screen. Great thank you.

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can you see my screen we do yes yes okay great thank you yeah great thank you i will begin

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uh so this application regards 1400 south columbus boulevard it's uh an unoccupied former

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entertainment center we're probably all familiar with this on columbus boulevard um it's uh it's

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So on Columbus, South Columbus Boulevard, Reed Street, Dickinson Street, and to the rear is what we'll call I-95 and Water Street, which is important to the project because this is where our parking has and always has been.

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um uh mr blasting first developed this uh entertainment complex in 1993 and it has a

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united artists regal theater probably the best producing one in the in the east coast um a couple

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other uh uh spaces here uh had changed over time but generally you know all entertainment related

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uses. There was a laser tag, a Sega Gameworks. Later in this area was Warm Daddy's Jazz Bar

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restaurant, we would call it. It was sold to Cedar Realty Trust in 2000, and they operated it.

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The theater closed probably maybe eight years ago. Cedar kind of mothballed the property

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a few years back and had plans to renovate it, but then unfortunately Cedar became a casualty

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of COVID, wound up selling all of its assets, its Philadelphia assets. This asset was from this

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property all the way to a couple other centers, all the way to Washington Avenue, one on 23rd

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and Oregon, and Aaron may go, I just say that by way of background, because then Mr. Blastine

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repurchased this. He was the best one to do this and renovate it back in May of 2002 with the

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desire to restore it back to life. When it was originally approved in 1993, it had an array of

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assembly and entertainment uses that I believe may have been permitted at the time, but later and now

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the property located in CMX3 Commercial Zoning District. The assembly and entertainment use

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The assembly and entertainment use that we're proposing, which you'll hear about, requires a special exception.

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that we're proposing, which you'll hear about, requires us.

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So pursuant to, and I hate to cite code, but 14-303, Section 10, these uses under their zoning permits have lapsed or expired since they had not been operating in the past three years.

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So hence, we're here again to get, I'll call it a reapproval for the assembly and entertainment that's proposed at this location.

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And let me find the site plan here.

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Well, it's more of a floor plan, but Louis Theater, the other two spaces, what our proposal is, is to combine these three spaces.

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that create one large space of 46,325 square feet.

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The theater that occupied this area

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had 17 little theater rooms

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which need to be all interiorly demolished and renovated.

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So it requires major renovation.

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At the proposal, we do have entertainment,

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assembly and entertainment, arcade type use

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with food uses and the like.

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We believe that the proposed use will have no adverse impacts and certainly will not be any greater than what was previously there, based upon the use in the history.

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As to the density, it will be less people there than would be you would expect at a movie theater and less traffic impacts because as movie theaters release, there is a slug flow of people that kind of crowd the area.

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In terms of traffic and parking, as I mentioned briefly earlier, the property has enjoyed a longstanding agreement with PennDOT to park beneath the I-95 overhead, which is operated by PennDOT through an organization called ILMAC.

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This is where all the parking is provided by way of lease, and it's also open to the public when nothing is operating at the facility.

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We did meet, as you mentioned, with PennSport, and we also have a letter from Councilman Scuola.

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So with that said, I'd like to introduce Bart Blatstein to go over some testimony.

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Mr. Blatstein, could you stay your name and spell for the court reporter?

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Mr. Blatstein, if you're in the virtual audience, please raise your hand.

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It may be by phone.

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i've allowed him to speak

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all right mr hi could you state your name please and spell for the court reporter yeah

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bart bladstein b-a-r-t-b-l-a-t-s-t-e-i-n do you swear or affirm to tell the truth the whole truth

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and nothing but the truth yes sir proceed counsel thank you uh hi bart um so can you see me can you

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see my video off oh your video is off how do i i don't work this thing um maybe there's a camera

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tab you could push and turn your camera on um actually mr patterson assist tanya he's only

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available for sound if you need his video we can do that okay okay i'm better looking at first

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All right. All right. So, Bart, you've heard my statement, my testimony. Would you agree it is true and accurate?

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Yes, Ron. And would you adopt it as if you were your own?

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Yes, Ron. Okay. I have a few questions. So it's true you built this way back, 1993?

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Yes. A much younger and thinner part built that.

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Yes, but finer. And the use is proposed. If you could briefly just describe to the board

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and kind of, you know, inflect how that they're less impactful

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than what was previously there?

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Yes.

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Whereas this is a use that people flow in and out,

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whereas the theater, which had nine screens on the first,

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11 screens on the first floor,

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it could have held a couple thousand people,

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up to a couple thousand people at a time.

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And what are you proposing now?

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An entertainment venue on the first floor. I can't disclose the tenant, but it's an entertainment tenant that's well known.

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tenant but it's a entertainment tenant that's well known and that entertainment will have

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um as i mentioned arcade games food and other entertainment correct okay that's all i have

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for mr bladstein if the board isn't questions from the board no mr chairman

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no mr chairman questions or comments from the virtual audience

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Mr. Chair, this is Hillary.

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I just had a quick question for Mr. Patterson.

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In the deed that was submitted in the packet,

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it said the owner was Riverview 3 LLC.

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Is that part of Tower Investments?

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That's correct.

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Yes, that's the holding company.

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Correct.

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Thank you.

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Okay.

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Thank you.

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Questions or comments from the virtual audience?

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No, any further hands, Mr. Chair.

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Planning Commission.

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good afternoon chair bergman david facto f-e-c-t-e-a-u with the city planning commission

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do you swear a firm to tell the truth the whole truth and nothing but the truth

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yes sir i do proceed thank you mr chairman and board members the comprehensive plan recommends

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no change in the commercial mixed use zoning at this location the applicant has shown that the

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proposed assembly and entertainment will not cause detrimental impacts beyond what would normally be

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expected so the city planning commission recommends that the board grant the special exception

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mi 2022-005-916-1400 south christopher columbus boulevard i vote yes

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thomas holloman my vote is yes

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james snell my vote is yes thank you counsel thank you

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okay let's continue uh number five mi 2022 005 915 90 red lion road

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um recommendation of support from the greater busselton civic league with provisos

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attorney

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maybe John Pack

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Mr. Chair

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Ms. Udovich has her hand raised again

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do I allow her to speak

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okay

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she's been allowed to speak sir

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okay could you state your name please

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and scroll to the court reporter

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Alice Udovich

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U-D-O-V-I-C-H

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for councilman brian o'neill you've already been sworn um you have a comment relative to this case

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i do um as you know the uh the case has been um denied due to the councilman's overlay

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the councilman opposes this project um i realized that the community supported it with provisos but

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we often find that those provisos are not enforced after the fact. And, and the councilman,

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you know, has been trying to prohibit this type of activity in industrial areas.

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All right. Well, what we're going to do is we're going to hear the case first. And then,

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okay. Alice, you can come, why don't you hang on? You can come back on when I call for comments

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from the, I certainly will. Yes. Mr. John Pack, P-A-K.

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or joseph acaro mr pack has been allowed to speak thank you oh yes good afternoon

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my name is swamp john pack last name p-a-k right and i'm here to affirm to tell the truth the whole

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truth nothing but the truth yes i do could you identify your client your relationship to the

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property. Oh, yes. I'm here with my client, Mr. Cockerberry Kubin-Zay, and he's the property

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owner at 90 Red Ryan Road. Okay. Hi, Chair. I'm sorry. This is Tanya. May I respectfully request

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him to spell his first name? I can't hear you. Okay. I can spell my first name. Go ahead.

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It's U as an umbrella, A as an apple, M as a merry.

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But I also go by John, J-O-H-N.

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Thank you.

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Mr. Howman, do you have a few questions for this gentleman, please?

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I do.

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Did you email all of the exhibits and documents as required?

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five days five days in advance to this hearing did you meet with the rco and do you have a letter

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did you meet with the rco and do you have a letter we do have the letter from the rco i

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we do have

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believe it's been shared with everybody uh in this room and i believe all the um uh exhibits

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have been shared by my predecessor mr attorney joe vicaro thank you please proceed and share

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your screen and he's coming back in now as a panelist uh i thank you

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Is Mr. Pat coming back in?

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Am I in?

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yes and you can um start your video and then you can share your screen sir

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i can start my video sorry i'm sort of new to this so um you can bear with me

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that's fine mr pack you're fine now now now now share your screen okay the green button at the

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bottom green button at the bottom oh right here

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you guys hear what you see this um you have to open up what you're

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what you're going to present now right uh oh your application for appeal right right

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can you open that document i didn't open it it's not open here yeah we're still seeing your uh

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file so if you can just stop sharing and then share again once your file is open

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So you can click the green button.

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and then it will ask you what documents you would like to share and just click on the document.

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Yep. Okay, now this is the photograph of the premises.

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Okay, so as you are aware, the standard concerns and application for personal motor vehicle sales

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and rental and auto tags and associated repairs and maintenance. Now the repair and maintenance

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will be limited to the cars that they sell and they sell and they rent. There will be no other

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vehicles being maintained or repaired at the site. This property is owned by one industrial,

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but because of the far north-east overlay, the proposed use of the personal sale rental is

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prohibited. Now, my client, Mr. Kubinense, did attend a meeting with the RCO,

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and the RCO will provide a letter of support with DeFi provisos, which we all, my clients

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know, issues will ring to.

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Now, I'm showing you some pictures here.

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You see some pictures here with the voting notice that was posted 21 days prior to the

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voting hearing.

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uh what he plans on doing at the site is he plans on operating a used car uh sales store

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and like i said previously he'll be doing repairs and maintenance of those vehicles only

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um there's sufficient parking spaces at the location already

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um this is just a picture of the inside this is where the office is going to be

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I think there's 21 parking spaces at this location already, and they already have a

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commercial dumpster contract, so there's not going to be any trash issue.

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So for those reasons, we ask you, Chair, and the Board to approve the variance for this

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So, those reasons we asked you are-

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application.

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Mr. Pack, what else is in the complex?

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In the complex?

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