civus
Hearing video

ZBA Hearing - July 15, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jul 15, 20267h 10m

of this yeah okay um all right so uh the the RCO asked for how many local and full-time employees

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he has 10 full-time employees at his business um the the owner of the business is um sev

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sabatrayer um narain who has authorized um mr garcia and his company to to apply for all

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of the permits that he needs and licenses um so this is this is his um auto parts and auto repair

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logo and here we have the zoning posters showing that we posted it for the July 15th date today

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right outside of the front of entrance of his business this is a small like a larger size of

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it then these photos if we can if you can just Mr. Garcia tell us what we're looking at at just

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quickly go through all these photos yes that's the front of the building like the end of the

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building the other side but this is the side of the street that your that your business is on

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right yes is this part of there's there's other tenants in your business in in your location

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right or or do you control the whole area no i control the whole okay okay um what are we looking

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at here that's the main entrance okay and so all cars would come in or out of that entrance yes okay

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and here that's the end of the building okay

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this is another view looking toward to the main entrance yes okay

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okay this is more when we start going inside the main entrance into your area

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yes okay and these are are these the bays that you do that you work on cars yes that's the shop

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the shop okay and then some of these cars that we're seeing here are they are some of these

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junk cars or are they all cars that are just being worked on no those are customer cars customer cars

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okay what are we looking at here that's the main interest okay and these are all customer cars yes

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okay and you leave nothing on the street no everything inside that's another point mr

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chair so the the community is very upset that that the scrap metal place puts a lot of cars

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on the street every morning and then they they move them in at night mr garcia intentionally

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doesn't put cars on the street he keeps them all he has a very large area for his business he keeps

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them all back there um but and so this is now the this is the the junk area for your for your

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business the uh backyard where we keep the car for parts okay

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and this is another view of it yes okay

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and how big is your lot chair this is the reporter i'm sorry i'm having trouble here

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how big is your lot uh it's big yeah it looks yeah it's big yeah yeah these racks are are

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are on these are all the parts for your for your for your repair work over here

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um yes that's the driveway to connect to the back okay

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that's the office this is the office okay

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yeah i mean my in my opinion it's very clean for a for a place that that operates you know

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with things that are kind of dirty um

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that's the driveway that connect uh both building okay and and then what what are

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what do you keep in these um on these racks that's our engine and transmission okay

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that's the storage bar storage okay bar storage

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that's the storage power storage

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bar storage

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that's the outer repair that's the shop where we are fixing the cars okay

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that's the shop

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does the enter to the office

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i think we got the picture steve yeah literally very tidy yeah

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so how did all those cars the ones that you're salvaging how did they all get in there

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Towings, tow trucks.

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Okay.

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Yes.

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And those come from the outside in, but you don't use the forklifts for them?

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Outside, no.

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Inside the building, yes.

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And so then how often do you bring cars in?

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With a forklift, not an out forklift.

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No, I mean...

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Cars in general.

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Cars in general.

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Cars in general, it depends, because the customer, most of them, they've been driving inside.

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and get back driving the ones that need tow we have our own tow or we hire a tow company they

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bring it what better questions where do you get the car where do you get all the cars that you

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park that you party out like all those cars oh yes yes we bought in the ocean go park

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then you tow them in yes okay um this is our tax clearance um we have the lease of

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for Mr. Garcia from his landlord.

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We have the application for appeal,

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the project information form,

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our letter to the RCOs and to the neighbors.

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We did two of them, as I said.

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So this one we just did on July 10th last week

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to all of the houses within the 250 feet.

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And we also had one on April 7th

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we did through the mail for the rco meetings uh we also did a we also included the the um

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the flyer from the rco that who they asked us to always include their flyer in in our mailings

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these are all the addresses that we sent it to and the proof of mailing was 58

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uh pieces but we also like i said did door to door for everyone so for a special exception

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it's our burden to establish that our proposal meets the definition for the use permitted by

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the special exception all the dimensional standards are satisfied and the application

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complies with all the criteria and meets all the conditions for appropriate use we've established

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that this use, this use of the junk and storage yards

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is totally within the definition

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for the special exception for an I-2 district.

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And Mr. Garcia has gone well above

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the regular expectations of someone

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who operates in auto body and, I mean,

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in an auto repair and a junkyard to actively engage

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with the community and to chase prostitutes away,

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to help the police do crime prevention.

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These are all things that suggest that Mr. Garcia's impact

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on the neighborhood will be overall very positive

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and in sharp contrast to his neighbor across the street

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who can't do anything nice or kind to anyone

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uh in in the neighborhood um because he doesn't care about anything except himself um so at this

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point mr garcia you've heard my testimony and um you were here today do you agree that it was true

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and correct and do you adopt it for yourself yes do you have anything that you want to share with

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with the board at this point about about your your business and this application no okay all right

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questions from the board have you had have you had any conversation with the business across

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the street in terms of you know how some of the things that they're doing is impacting your

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business yes and what was that like basically he don't care so he's like i talked to him like look

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the neighbors be complained because the car outside is no parking well it's nothing i can do

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so it's not the basically on my end that I can do either because he got his license and

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he got his license and he operated.

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he operated so and he says there's nothing he can

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And he says there's nothing he can do

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about how he's acting?

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Basically so.

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But this activity that's going on on the street

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with the forklifts and that kind of thing

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and this impeding traffic and otherwise,

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I mean, did anybody ever call the police?

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That's what I say because the neighbor

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should have made a complaint to him.

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okay because it's nothing basically i can do so you you have no business relationship with him

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you don't sell him anything yes i sell it the uh the chassis like the uh when the car is empty i

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sell the metal to him you sell to him yes but even though i'd be like look we need to do something

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because the neighbor i get angry with me not with you because they never go over there he said well

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this business being operated over 40 years so basically it's nothing i can do all right any

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other questions yeah how long have you been operating your business at that location four

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years four years and then which other location do you have i got another uh another business too on

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fifa lucerne that's a 423 west lucerne um and i'm the owner too what do you what do you do there

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the same thing um junkyard too yes okay but i don't do uh scrap metal stuff like that the only

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thing i do is sell parts right you part and then when you're left with the frame what do you do

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with that sell it to somebody i sell it to the scrap metal okay all right all right other questions

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questions or comments from our attorney yes um i'm going to be recommending that we hold this

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um there is not a signed lease the lease is not signed and potentially there may need to be an

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amended refusal because your use you indicated is repair and now you're asking about junkyard

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so we're going to have to explore that but that use is already it's already licensed and we have

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a we have a permit really we have to hold it anyway okay it's too late to laugh the least

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you produced and the one you just did it isn't signed uh-huh all right but let's carry through

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right um questions or comments from the virtual audience yes chair i have two hands up the first

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is from Conlon Crosley. I'm going to allow them to speak.

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Oh, wait, wait. I had another one. We would like you to produce, if you can, the four videos.

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I know you said you couldn't, but could we... Oh, I can email them to you. Yes, that's what

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we need to have. Okay, sure. I know you said it's... I don't know how to embed it in an

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a micro in a in an adobe but i can yes yeah okay

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put the councilman's person on please and they were captured by your camera right the videos

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that we saw were captured by your camera

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you see on good evening can you hear me i i most certainly can could you please state your name

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is bell for the stenographer uh conlon crossley c-o-n-l-a-n crossley c-r-o-s-l-e-y

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we swear or affirm to tell the truth told truth nothing but the truth i do sir please proceed

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uh good evening uh chair and members of the board council member would like to take a position of

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opposition for this project it does not uh fit the character of the community and places direct

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hardship on the neighborhood all right thank you very much for calling do you have any questions

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uh no okay thank you anyone else in the audience yes chair i have two more hands

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up the next hand is cynthia barnes i'm going to allow them to speak

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oh good evening cynthia could you please state your name and spell for the stenographer

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good evening and thanks for giving me a chance to um talk is c-y-n-t-h-i-a last name is barnes b-a-r-n-e-s

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i am the co-director of the nice town tayoga do you swear or affirm to tell the truth the whole

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truth nothing but the truth yes please proceed yes we i have several positions um petitions

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opposing this this junkyard that's in a residential area that we've had we've

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given them allowance to have three community meetings one where we came off

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to have three community meetings one where we came off of vacation was in august of 2025

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of vacation was

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and we just had another one we normally don't do that but we were giving the guy

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opportunity but i drive down that street in the morning to go to work and i see all this stuff

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and in one of the pictures my car is one of the ones waiting for the forklift to go across the

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street and as the gentleman said he sells the parts to the scrapyard so he's actually conducting

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business with them so why would he tell him to stop doing that when he's selling the parts there

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and they have no like the conditions around there it looks clean with the part that they showed but

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you can see all the oil all over the ground and and you know it's bad for the um the environment

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There are, you know, long-time homeowners right down the street, right next to Butler, on Butler Street, and I like to say that we've been opposing this since they brought it up, and I have set into three zoning hearings to all have them continue, and then tonight, I had to get off and go to work and come back on, and this has been four hours.

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with this if i didn't care enough about where i live at i wouldn't have stayed this long all

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right community oppose it i have a petition and i sign it to the um board chair okay thank you

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very much we appreciate it steve do you have any questions or cynthia no all right do we have

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another hand yes chair i have one more hand up okay your last name starting with h has been

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allowed to speak sure hi could you please state your name and spell for the stenographer

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Dorothea Hackney, D-O-R-T-H-E-A, last name H-A-C-K-N-E-Y.

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Right. 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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Are you a neighbor?

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Yes, I live on the 1200 block of Butler Street.

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Okay, please proceed.

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I have lived on this block. My parents broke this house. I was born and raised in this house.

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I'm 63 years old, and I just want to, I just hate someone not telling the truth and showing fictional pictures.

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If you go down this block any given time, there are cars from his business parked up and down on this block.

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the forklifts he does use forklifts that come in and out and for him to say that the but with the

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that the community agrees or he went around he's never been to he has never came but to one

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community meeting and that was the community meeting on 10th street at the community center

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Other than that, we have heard nothing from them.

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This is an eyesore.

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The property where you see when it's open, it's wide open.

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We have children around there.

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It does not permit any children from running in and out of there.

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It does not permit anything.

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And for him to say, oh, he's the one that called the police about the prostitution.

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He's the one that called the police about the trash.

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No, he's not.

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We care about our community.

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Majority of the people in this area has been living in these homes for over 50 and 60 years, and we care about our community.

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Okay.

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All right.

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Thank you very much for taking the time.

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Steve, you have any questions?

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I have no questions for you.

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All right.

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Thank you very much.

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No one left in the audience?

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No chair.

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Planning commission?

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Nina Solomonic, the planning commission.

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The comprehensive plan recommended a change to the previous I-2, Medium Industrial Zoning at this location, to RM3, Residential Multifamily.

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However, this entire neighborhood was remapped in 2025 in a council-supported remapping action as part of the Planning Commission's Community Remapping Program that includes extensive engagement with residents, property owners, and business leaders.

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As a result of this lengthy, iterative, and intentionally analytic and design process,

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this entire block's base zoning classification was changed to RMX3 residential mixed use.

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This property has a long documented history of code violations and is reported by the local community as a main nuisance source.

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