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Hearing video

ZBA Hearing - August 14, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 14, 20242h 43m

And then this is the rest of the 3200 block of Montgomery Avenue, indicating there's 12 other multifamilies, the majority two and three family dwellings.

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The refusal is, this is an RSA-5 single family zoning district, and we're asking for a legalization of its free family dwelling, so the L&I

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And we're asking for a legalization of a three-family dwelling.

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So the L&I examiner issued one refusal.

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And if you note at the bottom here, notes to the ZBA, I guess it was a one-story addition made several years ago in 1992.

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And at that time, it also was referenced as a three-family dwelling.

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And that's 1992.

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As Mr. Chairman mentioned at the outset, Strawberry Mansion Community Development Corporation issued an overwhelming letter of support, 12 to 0.

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Photographs. This is the subject property. This is Montgomery Avenue. There's a vacant parcel next door, front of the property.

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uh just some pictures of the homes across the street there's a these are rather large homes

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on montgomery avenue which as you know is a wide street just gave you a sampling of

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photographs some of the properties have three mailboxes on the front some don't but the zoning

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records indicate that they are multi-family many of them on the block closer view of the subject

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property. We have some interior photographs, mainly of the hallways, because the tenants

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felt uncomfortable having photographs distributed to the RCO and to the wider audience. But

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there are three apartments, and these are the well-kept hallways leading to each one.

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And then we were able to get into the basement. There's three water heaters,

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three gas meters. This is a picture of the rear of the property. There are four zoning,

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excuse me, four electric meters, one for each apartment, and the third is for the common space

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and the exterior lighting. A posting of the posters. Plans are rather straightforward.

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The basement, all utilities, as I showed you, first, second, and third floor,

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two bedrooms, one bath for each floor, including a kitchen.

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These were the hand-drawn floor plans by my client,

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but we had them professionally done at the request of the community group.

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This is an affidavit of continuous use, signed by Moses Williams,

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indicating it's been continuously used as a three-family dwelling

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since 1989. The remaining documents are the pro forma documents you would see in a presentation

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like this. Here's a statement from the Philadelphia Tax Center indicating that there's a credit of

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$36.60 with regard to their real estate taxes. Zoning map is the subject property. Again,

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it is an RSA 5 zoning district, but there are multiple family residences on the block.

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This is a deed indicating ownership since 1989.

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Notices indicating mailings to the community group.

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We did two mailings because we had two meetings to everyone within 250 feet of the property on Clifford Street, Montgomery Avenue, Natrona Street, 33rd Street.

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And this is the zoning history of the subject property.

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Mr. Chairman, I'll go through just some of the history, unless you want me to go through each one.

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But just to give you a flavor, this is from 1941.

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Again, three-family, it was changed to four-family.

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This is from 1957, four-family.

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This is when it was changed from four-family to three-family.

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and 73, three family, 1994.

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Again, it remains three units, three family.

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This is a certificate of occupancy from 1995 issued by L&I,

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indicating that, yes, it was a three-family dwelling.

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And basically, since it was pre-code,

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just no certificate of occupancy was necessary at that time.

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And this is the history of the other properties on the block, the 12 properties that are multifamily.

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I can go through each one if you want to.

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I think we understand.

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Okay.

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So just in summation, this is a request for legalization of a three-family property, been in continuous use since 1989.

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It's in harmony with the rest of the block.

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We are not affecting anyone's light or air or the development of any adjacent properties.

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And it's certainly in harmony with what the community group has supported.

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And with that, I'll ask one of my clients to unmute him or herself.

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I don't know if Mr. Williams is on the call or Miss Lewis, but either one, can you please raise your hand?

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Ms. Lewis, but either one, can you please raise your hand?

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Tyrone Williams has been allowed to speak.

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Good afternoon, Chair and Board.

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Mr. Williams, is your client, Henry?

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Yes, we heard his case.

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Oh, yeah, yeah.

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State your name, please, and spell for the court's knocker.

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Excuse me, Mr. Chair.

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I'll just let him while he's here

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Let him testify

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And then we'll go back to Mr. Clint

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Reverend please

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Do you swear or affirm

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To tell the truth, the whole truth

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Nothing but the truth

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Yes I do

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First name Tyrone, last name Williams

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I-L-L-I-A-M-S

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Okay

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The first meeting they weren't quite ready

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With the drawings and everything

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To really present

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But they did come back, was ready to present great drawings and evidence of that block having multiple living in the block.

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The strong point was the 12 homes he showed that was real strong in his presentation.

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And we adopt his testimony wholeheartedly.

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All right. We appreciate your call. And thank you, Reverend.

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Thank you, Reverend.

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All right. You're talking to your client is Mr. Williams, too. Am I correct?

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Yes, sir.

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Joe Williams. Mr. Williams. Or whatever clients here.

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We have a Moses Williams with their hand raised.

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I've also a client.

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Okay.

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He hasn't been allowed to speak.

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Sir, could you please state your name and spell for the court stenographer?

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Can you hear me?

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I can, sir.

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Moses Williams, M-O-S-E-S, W-I-L-L-I-A-M-S.

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

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Yes, I do.

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Mr. Clinton, please proceed.

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Mr. Williams, were you on the call when I presented your project on Montgomery Avenue?

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Yes, I was.

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And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes, I would.

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Thank you, Mr. Williams.

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Questions from the board?

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no questions questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments for additional from the virtual audience

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i see no hands planning commission good afternoon chairman david fecto f-e-c-t-e-a-u with the city

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planning commission do you swear or affirm to tell the truth the whole truth nothing but the truth

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

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plan recommends no change to the rsa5 residential single-family zoning at this location

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the city rezoned starbury mansion in 2014. at that time the zoning for this block remained unchanged

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from its previous 1967 zoning this property has a permit for three dwelling units dating to at least

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1941 the city planning commission recommends the board grant or proposed use variants for three

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dwelling units mi 2023 006 962 32 14 west montgomery avenue i vote yes michael johns my vote is yes

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Cheryl Gaston, my vote is yes

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Tia Nguyen, my vote is yes

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Ishmael Shaheen, my vote is yes

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Thank you

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We're going to move on to number 5

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Excuse me, Mr. Chair, before we do that, can we go back to Krauson Street, please?

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I certainly will

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that was number three am i correct i believe so yes um so is miss anderson here yes charbone

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anderson please yes i'm here so we we looked into this case miss anderson um no official exhibit

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packet was submitted to the board um one of the emails that that exhibit packet is supposed to go

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to was copied on some information that was sent to the RCO, but that information did not include

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all of the documents required by the board. So this case will need to be continued.

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Okay. So will you notify me with the continuance date?

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You will.

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Yes.

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We will. Thank you. MI 2023-003-244-5558, Crowson Street, case is continued.

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And we're at

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Number 5

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MI 2024-001-649-7715 Ogons Avenue. Jermaine Harris is the attorney.

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MI2024

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001-649-77

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There is a letter of unanimous opposition from the 50th Ward RCO.

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The applicant also has a petition signed by 54 neighbors.

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Yes, good afternoon. Can I be seen and heard?

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All right. Thank you. Could you please state your name and spell for the court stenographer?

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Sure. My name is Jermaine Harris, and my name is spelled J-E-R-M-A-I-N-E-H-A-R-R-I-S,

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and I am the attorney for the applicant, 7715 Ogons Avenue, LLC.

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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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Our vice chair has a few questions, sir.

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Sure.

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Good afternoon, counsel. Do you agree to weigh the reading of the refusal or stipulated to attack?

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Yes. Have you emailed in all the required documents and exhibits that is needed to

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proceed with this case five days in advance of this hearing? Yes. Thank you, counsel. Please

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receive and share your screen okay okay this is concerning again this is concerning 7715

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Oguns Avenue and this is my index of the exhibit packet that I have. We'll go to the

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actual pictures of the building, but

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Okay, so first thing is, this is a posting of the notice of the zoning hearing notice.

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And let's get to the actual pictures.

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so this is a auto this is an application for personal vehicle repair and tire repair

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shop and this is the building right here

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so it's been this way actually for it's my understanding at least two generations

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At least since the 80s. But and but there is not a license that is that that has been issued for this particular use.

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uh there was a prior owner in 2018 uh believe it was it was called total tires

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so we're seeking to legalize the use of this building trying to give other pictures

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this is the inside

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side, a more frontal view of it. So that's essentially what the application is. Let me go

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back to my packet. So this is basically a site plan of it. Again, I mean, you've seen

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the pictures is a one-story brick building uh and that's pretty much what it is it's the really

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the pictures speak for themselves as to the outlay of this now since council let me ask you

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was there a picture of the 53-foot trailer there is no 50 there is no 53-foot trailer there was a

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trailer uh at the time and i was going to get to that during my presentation there was okay because

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i mean i'm just saying in our documents here we see storage and recycled tires in a 53-foot trailer

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and shipping container located on site right there is no trail the trailer was removed and that was

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removed in response to the concerns the great concerns that the community had about the trailer

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which was the storage of the tires there was a lot of pushback from the uh near

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of the tires there was a lot of pushback from the uh nearby neighbors of that and so as a result

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my client the owner made the decision to remove that so that way that would no longer be an issue

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so those pictures that were presented at this presentation is what it looks like as it stands

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right now but there was a there was a trailer on those grounds a couple of months ago but since

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again since that community meeting uh he made the he made the business decision to remove it

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uh given these concerns so there was the the history of this there was a licensing history

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There was a motor vehicle in 2004 for it was called Total Tire, Total Tire Auto Center.

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It was motor vehicle repair dispensing.

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And there is a copy evidencing, the deed evidencing ownership of this particular property by the new owner since 2017, 7715 Ogons Avenue, LLC.

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And the refusal, here's the refusal that was issued by L&I as to the request.

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And here are 54 signatures.

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There was door by door of the nearby neighbors by the owner applicant of this.

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He explained the project, what he was doing, and they didn't have any concerns once there was the issue of the trailer and that being removed.

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That was the biggest concern.

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So what we're asking for is we're asking for this use of personal vehicle repair, tire repair, and sales for that to be granted.

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We're withdrawing the application of the storage of the recycled tires in the 53 trailer.

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We're withdrawing that request and shipping container located on site.

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uh and we would open it up for any questions uh my client is here uh mr tenner the owner

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and operator of 7715 ogons avenue llc and he would be here and he would uh he can adopt the

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testimony that i've just presented before why don't you bring him on okay mr tenner can you raise your

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hand. They have been allowed to speak. Hi, sir. Could you please state your name and spell for

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the stenographer? Good afternoon. My name is spelled G-R-E-G-O-R-Y, last name T-E-N-A, Gregory

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

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I do. Please proceed, counsel. Okay, Mr. Tenna, are you the owner of 77

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715 Ogons Avenue, LLC? Yes. And did you hear the testimony that I just presented to this board?

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Yes. Do you adopt this testimony as if you were to testify before this board? Yes.

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is there anything else you need to add or you're fine uh going solely with what uh i testified to

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before the board i'd also like to add that this establishment has also been selling tires

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since it was total tire before we owned it okay right it was right that's why hence the name of

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total tires the previous owner right so so uh council um the truck that you took a picture

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of that's on site now you're storing tires in that no tires hold on let's go back

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let's go back to that

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