civus
Hearing video

ZBA Hearing - February 7, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 7, 20245h 5m

I don't believe there's anything more that needs to be said in support of our request.

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I do have Mr. Richard Rosenberg, who is a principal of the LLC, who can comment on my presentation.

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Okay. Mr. Rosenberg.

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Yes.

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

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Rich Rosenberg, R-O-S-E-N-B-E-R-G.

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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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Yes.

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Proceed, counsel.

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Good afternoon, Mr. Rosenberg.

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You heard my presentation to the board, and you've reviewed the exhibits that have been presented?

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Yes.

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And will you adopt those?

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comments my presentation and the documents as would be your presentation if you were called

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as a witness in this matter yes i have no further questions of this witness questions from the board

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no chair no questions chair questions or comments from our attorney hillary emerson

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

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didn't you buy burgers planning commission this is uh ron bednar city planning

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while this property is currently indicated for commercial mixed use on the city plan given the

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physical conditions of the site we recommend the request for various be granted thank you

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mi2023 005 000 1604 south a street i vote yes

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james snell my vote is yes lebaron linda palmer my vote is yes thank you counsel you have your votes

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number five mi 2023 004 918 11 600 east roosevelt boulevard

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Sean Ward is the attorney.

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One letter of support from the Somerton Civic Association.

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Chair, Sean Ward is coming back in as a panelist now.

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Mr. Ward?

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Do we see Mr. Ward's hand?

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No, we already promoted him, Chair.

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We're just waiting for him to join us.

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Okay, good.

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Thank you.

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Hi, Mr. Ward.

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Hi, Mr. Ward.

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Afternoon, Mr. Ward.

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

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Yes, Mr. Chair.

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Sean Ward, S-H-A-W-N, last name Ward, W-A-R-D, here for 11600 Roosevelt Boulevard,

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I'm here on behalf of the property owner and the lessee tenant beneficial owner.

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

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Yes, I do.

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

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Yes, I do.

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And all of your documents were in five days prior?

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yeah but for the supplementals which was the actual rco letter and councilman o'neill's

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letter okay both were received afterwards and hillary we don't have a letter from councilman

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o'neill do we it was it was emailed in and i do have a copy today okay could you make sure

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i say i got the somerton one but i don't believe that we received the one from councilmember o'neill

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so if you could show that that would be great thank you yeah hillary i believe that alice

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emailed that to the uh the council uh council zba uh letter email address but i'll i'll send

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you a copy and i i have here today so okay uh can you see my screen we do we do sir awesome

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I'm very good.

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It's good to be back one day at a time, but it's good to be here.

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I represent, I've submitted my exhibit packet, which includes A1 through A13.

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Let me bloat us up a little bit so it's easier to read.

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I represent George Michlidvili, I'll spell that for the corporate reporter, capital M-C-H-E-D-L-I-S-H-V-I-L-I, doing business as PA Auto Sales,

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as well as the property owner, Stefanos Kurokotis, spelled K-Y-R-I-A-K-O-D-I-S.

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Again, the property is 11600 Roosevelt Boulevard.

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For those unfamiliar, this is approximately a half a block south of the old Nabisco site at the boulevard and Bennett Road.

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This is A1 is the notice of refusal.

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This is an application for auto repair accessory to an existing auto sales lot.

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That use is prohibited due to the Far Northeast Overlay District.

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Accordingly, we seek a variance.

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A2 is the ZBA Application of Appeal.

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A3 is the Project Information Form.

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A4 is the deed.

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A5 is Proof of Tax Clearance, which will show that taxes are due for March 31st of this year.

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So we submit that he is tax clear at this point.

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A6 is an archive site plan.

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A7 are photographs of the subject property, aerial views, and street views.

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A8 in the supplemental packet is the RCO letter of support.

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We did enter an agreement with Somerton, which basically restricts the uses by this applicant, not the owner, but the applicant of what are regularly known as the regulated uses under the zoning code.

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My client has no intention or desire to institute any of those uses, so we had no problem with that agreement.

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A-10 is the Councilman O'Neill's letter of non-objection to the granting of the application.

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As far as the relevant zoning history, prior to 2000, this was a Shell gas station for generations probably.

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In or about 2000, 1999, it became a Hertz rent-a-car location for sales and rentals of Hertz rent-a-cars.

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My client took control of a property in 2017 and has been operating PA Auto Sales there since that time.

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A12 is the zoning map.

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A13 is the aerial photograph.

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In a nutshell, we're looking to add accessory vehicle repair maintenance to the existing auto sales facility, primarily for state inspection purposes.

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And it's not a retail auto repair center.

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Basically, the repairs would be for state inspection inventory vehicles.

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And as everybody's aware, when you buy a used car under state law, there's a 30 day warranty.

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So if they drive off the lot and there's a problem, they can bring it back and it would be repaired on site.

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The auto repair hours would not exceed generally 7 a.m. to 7 p.m. at most.

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They're closed on Sundays.

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Technically, I mean, currently we would anticipate one inspection, state inspection technician, as well as one repair technician.

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state inspection technician, as well as one repair technician. As business goes, we would hope to

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have two to three technicians hired and possibly a receptionist or greeter. So we have our notice

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of refusal. We have our petition of appeal. We have our project information form. We have our

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deed. Again, with regard to property taxes, they're not due until March 31st. All other years

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are paid in full. The archive site plan on the left side of the plan is Roosevelt Boulevard. At

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the top here is Bennett Road. To the south or to the bottom of this drawing would be the old

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Nabisco site. Here is an aerial photograph. Over to the right, you'll see the Chick-fil-A.

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And back here is Topgolf.

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That's the old Nabisco site.

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Markham Crane used to be over here where the Tile and Kitchen Center is.

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And this is our site.

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This is the building proper that was used for the shell station, had service bays in it when it was a shell station.

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And we're just currently looking to reinstitute those auto repair uses for the auto sales.

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So this is a street view from the boulevard.

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We have two existing bays. As you can see, there are lifts currently inside.

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This is looking from the bays outside towards the parking lot to the boulevard.

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Again, existing lifts are inside the structure.

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This is our agreement with Somerton Civic.

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Again, basically, these are those restricted or regulated uses that we agree not to institute

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So long as George, my client, is a tenant of the property.

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Moving on, we have the zoning history, you know, fully outlined and attached for the board's information if they need it.

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It is owned by two. I mean, I won surrounded predominantly by I-2 industrial.

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Here is a aerial photograph.

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Again, the Woodhaven Road interchange is up here.

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Topgolf, this is the former Nabisco site, Conley Road.

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And then PA Auto Sales is located right at the foot of Bennett Road.

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The supplemental photographs are the posting.

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I didn't have them at the time I submitted the application or the exhibit packet.

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So we supplemented that.

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Again, this is the structure.

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and then we have uh somerton's letter indicating a unanimous support uh i would point out and um

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and then we have a fully signed copy of the agreement uh not that the board's uh going to

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adopt that uh i wouldn't believe but uh they they are aware that somerton supports it um

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And I do have, just to share real quickly, not sure if that worked, but hang on a second.

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There you go.

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And we have Councilman O'Neill's letter dated yesterday, which was sent by Alice, indicating no objection to the application.

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uh george uh meshlovili is uh on the call if you want him sworn to verify and adopt that's fine

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otherwise as an officer of the court i will do so do you hear him yeah he's here george if you

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can click uh raise your hand

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needed and allowed to speak sir could you please state your name and spell for the court stenographer

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I'm George Mchadlishvili, G-I-O-R-G-I-M-C-H-E-D-L-I-S-H-V-I-L-I.

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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, counsel.

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Thank you, Chair.

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George, you've heard my representations to the board today?

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That's correct.

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Are they true and correct at the best of your knowledge, information, and belief?

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Yes.

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And you adopt them as your own testimony as if called to testify to that?

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Yes.

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Very good.

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That's all I have, Mr. Chair.

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All right.

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Questions from the board?

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No questions, Chair.

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No questions, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Mr. Ward, I'm sorry if I missed this, but the gentleman who just adopted, what is his relationship to the property?

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He's the lessee tenant applicant.

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okay are you representing both him and the owner that's correct okay thank you all right

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uh questions or comments from the virtual audience

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Questions or comments from the virtual audience?

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I see no hand is, Chair.

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Planning Commission.

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This is Ron Bednar, City Planning.

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Properties indicated for light industrial use on the city plan,

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given the site is under 50,000 square feet with no associated development.

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Landscaping provisions of the code are not required.

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Therefore, we have no objection to the granular variance.

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Thank you.

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MI 2023-004-918-11600 East Roosevelt Boulevard.

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I vote yes.

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James Snell, my vote is yes.

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LeBaron Leonard Palmer, my vote is yes.

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Thank you.

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I have your vote.

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Thank you, Mr. Chair.

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Thank you.

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Number seven, MI 2023-004-835-939 South St. Bernard Street.

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Mr. Anastasio is coming back in as a

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panelist now, Chair.

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Counselor, I believe

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I swore you in sometime this morning

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Yes, a few hours ago.

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For the record, just state your name.

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Good afternoon, Mr. Chair, members of the board.

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It's Vern Anastasio representing Mr. Justin Flax, the owner of 939 South St. Bernard.

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

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I do.

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And all of your paperwork was sent in five days prior?

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Yes, sir.

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Please proceed.

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Thank you.

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I'm going to share my screen.

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And by the way, we have a letter of support from Cedar Park neighbors and a letter of opposition from a neighbor on the block.

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One neighbor, is that right?

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Yeah, I said it.

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Very good.

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939 South St. Bernard.

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Proposed as a multifamily dwelling.

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Let's be clear.

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We're just legalizing what's there.

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My clients purchased the property.

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It is a long, long decade's history of multifamily in this particular property.

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And by the way, with no incident, my clients were able to rehabilitate the interior, just aesthetic-wise, no moving of walls or anything.

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The property is beautiful, very well maintained and kept well.

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Not one 311 call since my clients have owned it.

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And it is in its best shape.

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It's been in generations.

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As a result, my clients enjoy the support, almost unanimous support of just about everybody who attended the RCO meeting and most neighbors on the block.

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Because as my exhibit packet will demonstrate, and my exhibit packet is 110 pages, by the way.

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Starting at page 100 and 101, you'll see a very long history of multifamily dwelling on the block on this particular property.

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