civus
Hearing video

ZBA Hearing - July 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 24, 20246h 16m

Okay, but it prohibits certain automotive-related uses, right?

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Yes.

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Okay, and you had mentioned some concerns that the council president's office has.

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Some of those include environmental concerns?

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Absolutely.

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Odors?

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Yes.

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Noise?

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Yes.

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Traffic?

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Yes.

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Okay, and is there a concern that these types of automotive-related uses,

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that they have inherently detrimental impacts

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on nearby residences?

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Yes.

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Okay.

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And you mentioned that Council President Johnson's,

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his district is where this community is?

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That is correct.

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And does your office receive complaints

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from the community on a regular basis

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about concerns that they have?

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Yes.

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Okay.

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So it could be concerns about any number of uses

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if someone in the community in the Southwest is concerned about something they could call

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Council President Johnson, right? Yes. Can you tell the board a little bit about

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the nature of complaints, if any, that your office receives about automotive-related uses?

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Yes. So, as I mentioned, the complaints in regards to auto

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businesses is that the noise that comes from them working on vehicles. And again,

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this is a residential area. It also comes from how they store their waste, whether it's leaking

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out into the streets. And then also there are concerns in regards to storage and how they

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store their vehicles when they're not operating on them being on the streets, causing issues with

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parking, issues with traffic. All these complaints are typically what we receive from our Southwest

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constituency. Okay. And when you say you receive these complaints from constituents, how are they

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received? Are they recorded by your office? Yes, they are recorded by our office. They're received

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typically via telephone. And did the complaints rise to a level that actually it's prompted

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an investigation and initiation of new legislation to address the problems in these communities?

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Absolutely. Okay. And Franz, you're aware of the history, zoning history of this property?

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Yes, I am.

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And I want to go through every document of this 256-page PDF.

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Mr. Catuzzi, I mean, that's the issue.

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How much longer do you think your presentation will be?

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I think it'll probably be five to seven minutes longer.

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All right.

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Five more minutes is fine.

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Thank you.

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Okay.

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Exhibits three, four, and five fronts of our package.

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These shows the prior history of the zoning appeal.

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Yes.

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And if we go to page 11 of the PDF, the prior use as an automotive release use was deemed to be a public nuisance?

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That is correct.

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Okay.

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And if we go to Exhibit 5, or sorry, page 32 of the PDF, did you review, you mentioned, or rather you're aware that this property previously had a fire?

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Yes, absolutely.

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And have you seen this before?

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it's on the screen at page 33 the department of lni uh report related to that fire yes and if we

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look on page one it reported that there were there was oily soaked waste not being properly stored

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There was oily, soaked waste not being properly stored at the site?

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at the site? Yes.

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Yes.

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There was improper signage related to hazardous materials?

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Yes.

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I'm just going to object for relevance.

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This is six, seven, eight, nine, eight years ago, and unrelated parties.

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Hold on, Franz, do you agree with me?

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Hold on.

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Mr. Consul, I hear you, but we're going to allow the testimony.

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Yep.

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And Franz, you'd agree that there were, again, large amounts of combustible waste, plastic containers, boxes, rubbers found, engine parts found throughout the property?

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Yes.

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And there was also oil tanks with 150 gallons per tank filed throughout the property that were not properly stored?

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That is correct.

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Okay. And if we go, another exhibit here, if we're going to go to page 99, your office had previously submitted pictures of how the property was maintained?

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Yes. And if we look here, we're on page 100, 101. Fair to say that we presented previously to the

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board that there was rubbish, car parts, and other trash up against people's homes?

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That is correct. Okay. Now, looking back at the history of the fire report, as well as the pictures

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we see, does this have concerns for the environment for the folks who live down by this community?

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Absolutely.

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Okay.

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And is your office aware of any environmental studies performed by the property owner or

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any tenant as to the condition and impact that the prior violations had on the site

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today?

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No, we are not.

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Are you aware of any environmental remediation work performed at the site?

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No.

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Prior to the resumption of another use that would bring, again, chemicals, paint jobs,

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and auto parts back to the site, would your office expect first to receive reports,

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investigation studies as to how the site if at all had been cleaned up absolutely and your office

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would expect to receive that because that would be protecting the public's interest wouldn't it

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absolutely we haven't received anything right no we have no and does that have concern does

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that create concerns for council president johnson it absolutely does okay and you'd agree with me

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that years after the we just went over with the fire there was also subsequent violations for

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the property right yes in fact the building if we turn to page 41 of the pdf was determined to

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be an unsafe structure yes and if we go to most recently we're going to go down to page 251 of

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the pdf uh fair to say that violations have persisted even up through 2023 that's correct

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and you'd agree with me that and you reviewed the lease for the prop at least for the new tenant

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right Franz? Yes. And that was February 2023 was the lease date? Yes. So if we go the March

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violation that pertained to doing work without a license? Yes. And if we go down to the August

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violations there was additional fire code violations right? That is correct. In fact if

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look here on page 254 of the pdf there's a same fire code violation that section 304.1 that we

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saw previously a decade earlier when the property exploded right that is correct there's also

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violations about marking containers yes there's also violations about securing compressed gas

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cylinders yes and that's not old that's recent right yes it is to the existence of these fire

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code violations, licensure violations, property maintenance code violations shown in our exhibit

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package, do those present concerns to Council President Johnson? It absolutely does. And does

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this convey that there is an ongoing problem with compliance at the property, even with the new

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tenant? Yes. Okay, and briefly, are you aware of the community plan, the lower district, the

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southwest district plan for the community? Yes, I am. And if we go on the first page,

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there's a key issue to reduce air pollution yes and in fact one of the strategies and

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recommendations is to improve air quality in the environment for the community yes it does

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and if i want to go to just page five briefly this is important where it says area sources

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of non-point air pollution include commercial solvent use waste disposal and other small

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categories it goes on to say that the district has a large concentration of salvage yards

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and associated auto body shops, which may generate air pollution from gasoline and solvent,

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as well as toxins, spray cans, et cetera, solvent-soaked towels, right? Asbestos?

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Yes.

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And in fact, we saw a decade earlier that there was car parts riddled throughout the property.

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There was a fire at the property, right?

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Mr. Kattuzzi, we know that. You've said that a couple of times now.

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Okay. And also for this community, if we go to page 113, these types of...

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If we go to page 113, these types of, the community has found, or rather the city of Philadelphia has found that these types of problems and pollutants actually cause problems on the residents, right?

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Yes, it does.

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And in fact, there's an elevated level of asthma for children within the Southwest District, right?

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Yes.

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and in fact if we go to page 139 of the pdf hospitalization rates for children with asthma

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are higher in this district right yes okay and no plan has been presented to you to confirm

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or assure the council president johnson's office that the site has been remediated right that is

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correct okay um and again the zoning presently prohibits uh auto paint shops right we have that

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Has your office, in your office hasn't received, Franz, any types of professional certification

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studies or reports regarding the equipment that will be used at the site?

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No, we have not.

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How about the types of chemicals, equipments, and vehicles that will be stored at the site?

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No, we haven't.

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Have you?

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I'm going to object because that was included in our packet and with our extensive RCO

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communication, so this all seems completely disingenuous.

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I think we're going to allow that question and his answer, his perception of what he answered by what he knows.

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That's fine.

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Yeah, and in front, I'm just saying, to your knowledge in the zoning hearing or in general, you're not aware of any of those types of plans or studies, right?

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That is correct.

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And Ms. Atkins had talked about hearing clink, clink, clank, bangs and noise.

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you're not aware of any types of professional studies with respect or professional reports as

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to how the property would be remedied or designed in a way to stop noise? That is correct. And as to

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the vehicle sale and rental, has any plans been presented to you as to how the area will be lit

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up for security? No. Or has any plans been submitted? Mr. Catuzzi, Mr. Catuzzi, how much,

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That's okay. I mean, we have like a long series of cases here. If you're going to take much longer, I'm going to have to do a resumptive hearing. You told me, so how much longer do you think you'd eat?

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Yeah, I think we can wrap it up with just a few more questions, Chairman.

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Okay.

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Okay. All right. And do you have any information whatsoever as to how the vehicle, how many vehicles will be sold or rented at the site?

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No, we do not.

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Okay. And are you aware of any orange poster signs at the site for the hearings?

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No.

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Okay. All right, Franz, unless you have anything else you'd like to add as a concerned resident, I don't have any other questions.

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Mr. Counselor, do you have any? Go ahead, Franz.

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No, I just want to reiterate our office's position in opposition of this appeal.

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And again, this is mainly quality of life issues.

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So I would ask the board to consider whether you yourselves would like to live next to an auto-related shop that has a history of such violations and not acting in accordance to the city's code, as well as not being a friendly neighbor.

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Thank you, Mr. Council, do you have any questions?

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I guess just briefly, Mr. Pierre, are you making any claim that the current tenant, Mr. John Lynn, is responsible for anything that that you're speaking of in the realm of quality of life issues?

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No.

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Okay. The violations that Mr. Cattuzzi showed you from earlier in 2023, you agree that those have all been complied and there's no violations since my client came on, spent money to comply the violations. Has there been any violations since then?

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Well, to my knowledge, there has been.

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what violations has there been since they were the the 2023 violations were complied

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oh since the 2023 okay no okay um you were were led to answer some questions by the attorney

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whether regarding whether or not you received reports about various different things at any

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point did the councilman's office participate in the process uh between myself and the rco

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and the applicant regarding delivery of requested reports and things that were sought out?

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I would say our office was in communication with the various RCOs within Southwest.

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uh our office was in communication with the various rcos uh within southwest during the process yes

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we received petitions in regards to neighbors being in you received you received petitions

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from miss atkins right not from any of the rcos is that correct uh miss miss miss atkins is a

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part of the rco consortium so i would say yes we received it from the rco she's a human that lives

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near the property that is correct but she's also a part of the southwest consortium

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okay um all right uh

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has this property ever been anything uh besides an auto related use as far as as far as you know

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no okay um i have nothing further from mr pierre thank you um hillary are

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Our plan here is now to go for public testimony on updated information.

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Yes, Mr. Chair, as well as the recommendation of the Planning Commission.

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Comments from the virtual audience relative to updated information that you heard today?

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I see no hands.

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Planning Commission.

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Good afternoon, Chair, John Lubbocker, Planning Commission, J-O-H-N-L-A-V-A-C-C-A-R-E.

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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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Please proceed.

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In 2014, a zoning map amendment on this site amended the zoning from I2 Medium Industrial to ICMX Industrial and Commercial Mixed Use.

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The proposed use that triggers a special exception referral related to vehicle sales, rental, and maintenance is consistent with documented prior use of this property and will not cause detrimental impacts to the neighborhood beyond what might normally be expected.

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However, the proposed uses that trigger a refusal, the addition of vehicle paint finishing, would have a negative impact on the adjacent residential properties.

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Therefore, the City Planning Commission recommends that the Zoning Board grant the special exception, but deny the variance.

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Thank you.

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Voting on this will be myself, Ishmael Shaheed, and Leonard Palmer.

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So, MI 2023-006-111, 2100 South 61st Street, I vote no.

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Ishmael Shaheed, my vote is no.

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LeBaron Leonard Palmer, the vote is no.

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Thank you to everybody involved.

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Let's go, here we go.

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Number four, MI 2024-002-415, 5026 Cedar Avenue.

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Darwin Beauvais is the attorney.

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