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Hearing video

ZBA Hearing - June 17, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jun 17, 20267h 2m

So this is the zoning map, as you can see, the property is here.

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It's a large CMX2 property on the corner, a bit of a faraway aerial, North Marshall

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Street, West Luzerne Street, and North 7th Street.

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And if I zoom in, more easily see, oops, the aerial.

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So there's an existing church here, which is an active church.

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It's active with the Philadelphia Hispanic One SDA church.

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And then this is a service parking lot.

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And then this is the building that we're talking about here.

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it's an existing building that has been previously used by the church for different

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you know multiple clergy and staff to live and it's been vacant for a while but it always has

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had residential multi-person use I wouldn't say it was multi-family until it's been built out but

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it was never like a single family home or a commercial mixed-use property but that's the

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building we're talking about and all other uses the parking lot and the active church are staying

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the same. Sewing posters. Some photos of the properties. So before, I guess this is the,

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I guess these are more of the posters on the church.

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and on the so this is the structure that we're talking about as you can see just by looking at

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it'd be pretty difficult to put commercial on the ground floor here it has existed as I said

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as a residential property was in use by the church many years ago and then it's it sat

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vacant for a while and so the relief that we're asking for and the hardship that we have is that

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the cmx2 base zoning requires ground floor commercial and so i just given it's sort of an

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intermediary building on the corner lot next to mostly residential it's just not suitable for

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commercial the amount of construction you'd have to do and then to you know try to operate a

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commercial entity um with within the church property just um sort of add a character would

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would be unique so the thought of the church was to you know reuse this this property converted to

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five multifamily dwellings and be able to use this to support, you know, the operations of

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the church, generate revenue for the church and to, you know, bring the property up to

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um you know bring the property up to sort of a viable condition um these are just some of the

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sort of a viable condition.

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exterior photos of the building um and then i'll show you the the interior you'll see it was fully

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renovated um prior to my involvement with with the church um and they didn't realize that they had to

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go get zoning permits um and so there's no violations or anything on the property but

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just in order to get rental license and to handle this you know correctly obviously we're bringing

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it through um the process it's vacant as well there's nobody living in it they did a sort of

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very nice renovation um of the space and rachel the renovation is for five units yes it's for five

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units kind of similar layouts similar finishes

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for all five units

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um we did uh here's the part in the code where we're seeking relief again cmx2 requires 100%

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of the first 30 feet from the property line be commercial obviously we believe that presents

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a hardship and would be quite difficult to achieve we did meet with as mentioned esperanza

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and they gave us a letter of support for application. We sent out all the proper

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mailing. Again, here's the letter of support from Esperanza. We also at the RCO's request

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got a petition of support. There was like maybe five or six people at the meeting, four or five

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people at the meeting. So they had asked us to get a petition of support just to make sure that

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the directly adjacent near neighbors were aware of it and were in support of it as well. So we

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we did provide them with this petition,

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but also included it in our packet.

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Lastly, I just wanna bring on Eric Quick from Harmon Deutsch.

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As the board well knows,

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when you do these illegal conversions,

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you need to make sure that from a building code perspective

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that you can meet all the requirements

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for egress life safety.

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So we always make sure that the client gets engaged

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with an architect so that they walk through the building

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and make sure that obviously prior to

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and I coming through that is they're aware of those rules so if Eric can be

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promoted just want to make sure he can go through the plans the floor plans and

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then if there's any questions that the board has from a building code

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perspective it's a bit above my pay grade I'll be back in as a panel shortly

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Rachel how long have they had a church there

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um they've had a church there so long that I had to get a title report to pull the deed

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um we literally did not have it in the archives so um and uh Hillary tried to help us but um

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if I look at the deed

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they got a variance i think for like the parking back and i want to say it was like

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oh eight i have to look on the refusal but this has been there

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quite a long time let me just look at the refusal

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they got yeah 18 i guess they got parking and then the deed

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1975 so the seventh i think that's a seventh of 17th of october 1975 yeah and for a while

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there you you didn't have to have a zone just like you don't have to have a zoning permit for

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your single family dwelling you didn't have to have zoning permits for churches for a while

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until they made the change which was a few years ago it makes sense um so if eric can just go

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through sorry i'm just going to bring up the plan could you please state your name as bell for the

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stenographer yes it's eric quick e-r-i-c-q-u-i-c-k here representing harman deutsch older architecture

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you swear or affirm to tell the truth the whole truth nothing but the truth i do council eric if

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you can just go through this um what i have on the screen the plans and site contacts and then

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What I have on the screen, the plans and site context, and then just want to discuss egress and any of the life safety considerations as well.

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just want to just discuss each

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Sure, no problem.

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So this first page is just a site context page.

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Upper left-hand corner, you'll see the site denoted in blue.

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There's three subsequent images that show the building in question outlined in white.

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um you can see it's zone cmx uh sorry two as rachel put it um and you can go to the next page

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um so these are the floor plans um there's a utility only basement um the first floor

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has two units the first uh the front unit number one is a one bed it's about 256 square feet

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the rear unit 456 yeah i'm sorry 456 uh the rear unit is in blue it's number two it's uh 518

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square feet and that is a studio um at the upper floor or the second floor there are another two

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units unit three and unit four unit three is also a studio 438 square feet and unit number four is

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384 square feet and then there is a third floor unit uh which is a one bedroom unit and that's

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417 square feet um our office was retained we surveyed the building we did a building code review

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uh once we secure the zoning permit we would then need to secure a building permit for this

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and the building would be upgraded with a sprinkler system a monitored fired alarm

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um this meets all the requirements for egress windows include and um uh the travel distance

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for a single means egress building um and it has a fire escape even though that is not required by

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the code so that's an additional level of protection thank you eric nothing further

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from uh us chairman and board members if anyone has questions or if i need to go back through

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anything all right questions from the board

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you refer to some of these as one bedrooms but i don't see doors on the bedrooms is that just an

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oversight or no they they don't have doors uh to the rooms themselves but they do have a dedicated

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bedroom space um we can call them studios if you want to but it has a dedicated bedroom

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okay a bedroom space but doesn't have a door can't be a bedroom without a door that locks

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okay then they're all cds right yep

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are there any other questions well um you're probably you're gonna need um

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well, there's the whole question about the stairs and the fire rating for the stairs

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as well as the sprinkler system. So, that's another consideration here. And I guess that

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is my other question. I mean, did we do anything to try and deal with the whole issue of accessibility?

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no uh this building is not required to be accessible and the existing building is out

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of grade so that would be difficult to do all right and what was it used for before like what

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did the church do with it before they made it into this apartment building in effect

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so my understanding and i think eric uh rustin from your team had looked at my

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understanding was they had uh like i don't know if it's clergy i don't want to i'm jewish sorry

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i don't know the right terminology the clergy or a pastor or a uh you know a minister what do they

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call it a um rectory i can't think about yeah a rectory exactly so there were yes so there were

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multiple individuals from the church that were living in the building and then the there was

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like one remaining individual who was living there who moved out and so it was vacant for a while

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is what the the client had shared with us and shared with the RCO when when they asked the

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same question and and then it was vacant for a while and they had a hard time trying to figure

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out how to generate any sort of income or use it in a viable manner given sort of the the lack of

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need from anybody from the church to like live there anymore so I think it was vacant and Raphael

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who's on from the church can correct me if I'm wrong for a year or so maybe more than that and

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and then they started doing this construction.

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So it was used as a rectory for the church staff.

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Yeah, okay.

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And the basement is just for storage.

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And the basement is just for storage. And what about trash? How is the trash handled?

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And what about trash house, trash handle?

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Leave the trash is either in the rear yard or handled within each unit. But yes, the basement is storage only in utilities. There's no residential living in the basement.

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I'm trying to see if we have a rear attorney.

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Oh, yeah. If we could bring Raphael on.

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Okay, sure.

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that would be great yeah i confirmed on my note the trash is in the rear okay

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counsel what is the name of the other individual um rafael rodriguez

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thank you yes he's in the church

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rafael rodriguez please raise your virtual hand

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it thank you

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see him jace um yes i see him okay they'll be coming back in as a panel thank you

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hello

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hi sir could you please state your name and spell it for the stenographer

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my name is rafael rodriguez i spell it as r-a-f-a-e-l-r-o-d-r-i-g-u-e-z

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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 counsel Raphael have you heard my testimony today do you believe it to be true and accurate

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and do you adopt it as your own I do thank you um

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um questions from the board wait more no questions from our attorney no questions

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at this time questions or comments from the virtual audience

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i do not see any hands raised mr chair planning commission

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in the solomonic with the planning commission the comprehensive plan recommends no change

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the existing commercial mixed use cmx2 zoning the proposed use will fit in with the existing

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neighborhood context and repurpose an existing building the city planning commission recommends

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the zoning board grant variants for five dwelling units mi 2026 000 872 39 49 to 63

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north 7th street i vote yes with proviso certificate certificate of occupancy to be obtained

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michael johns my vote is yes

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with proviso right yeah mike mike

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Mike, with proviso.

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Yeah, I thought I said that with proviso.

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Sorry about that.

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Cheryl Gaster, my vote is yes, with proviso.

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Sonetta Graham, my vote is yes, with proviso.

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Ryan McAdams, my vote is yes, with proviso.

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Thank you, counsel.

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Thank you.

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Number 12, MI 2026-001-144-424 Rector Street.

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Gabriel Fellis is the attorney.

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There's a letter of support from Central Roxburgh and a letter from Roxburgh Development Corporation.

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Also, 86 people signed a petition.

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I'm back in as a panelist now sir

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good afternoon council could you please state your name and spell for the stenographer

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my name is Gabriel fellas g-a-v-r-i-e-l last name f-e-l-l-u-s right do you swear or affirm

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to tell the truth the whole truth nothing but the truth i do um could you identify your client

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your relationship to this property sure uh my client is john cavish uh he's the owner and

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operator of a tice service center which is the tenant of the property okay our vice chair has

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a few questions good evening have you submitted your documents and exhibits five days in advance

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of this hearing yes and do you waive the reading of the refusal and stipulate to its accuracy

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i do okay thank you you can show your screen and begin

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can you guys see that title page

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yes great thank you jaren uh so we're here today seeking approval for use of the property for

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Thank you, Chair. So we're here today seeking approval for use of the property for personal vehicle repair and maintenance.

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personal vehicle repair

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So just a bit of context. This property has been continuously operated as a mechanic and auto body shop at this location for over 60 years.

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My client himself has worked in the shop for 40 years before taking over as the operator last January.

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Before then, the property owner was John Tice. He was the main operator of the shop until he passed away.

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unfortunately my client then took over and started a new entity which is now

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the current tenant the application is not proposing any exterior alterations or

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construction we just be legalizing the non-conforming use the property that's

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been the same condition since at least the 60s so this here is the refusal

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issued by L&I for the use for personal vehicle repair and maintenance which is

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prohibited in the RSA 5 zoning district these are the existing floor plans and

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dimensions of the garage with the drive-in here we have some photos of

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the exterior of the shop from the street and inside of the garage as well again

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And it's been mostly in the same condition since we would leave around 1963.

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Here a little background on the service center itself.

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Like I mentioned, it's been in operation since at least 1963.

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And it's become pretty much a cornerstone business in the community.

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I'm going to get to some of our community engagement in a little bit.

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But it's very clear that the shop and John by extension have become a really trusted

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staple and pillar in the neighborhood.

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Here we have some aerial views of the property in relation to other properties.

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So here we have our zoning map, the property is on RSA 5, but it's located directly next

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to other RSA5 properties that are currently being used for commercial activity, including

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this actually right here is a warehouse for a plumbing and heating contractor at 422 Rector.

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So turning now to our community outreach efforts, as I mentioned before, the business has been a

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community institution for over 60 years. John's worked with multiple generations of neighbors,

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