civus
Hearing video

ZBA Hearing - September 25, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 25, 20248h 45m

The signage is necessary to allow motorists traveling along Woodland Avenue to safely and adequately locate the store while providing them enough time to navigate safely into the shopping center.

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Additionally, the store's location, as I alluded to and showed the board in the first photo, is set back a good distance from Woodland Avenue.

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And there are some obstructions in front of the shopping center that obstruct that view and make it a little bit difficult to see, which necessitates the need for signage a little bit higher.

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Again, and this is just the sign zoomed in a little bit more.

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We are here this evening, as I said, because we're located in the ICMX.

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We got a refusal because we are not allowed to have the sign extend above the second floor windowsill.

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We did meet with the Registered Community Organization, which is the 40th Ward Republicans.

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They did send a letter of support, which I supplemented to the board.

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And again, the wall sign will be internally illuminated and static.

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It won't be flashing.

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And if there are no questions for me, Mr. Chairman, I do have my witness, who's a representative from Snipes, Aida Bamford, who's a project manager and store design for construction, who can adopt this testimony.

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Thank you.

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what's her name again it's aida bamford bamford bamford yes

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i've been about to speak hi could you please state your name and spell for the court sonographer

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hi my name is aida bamford it's a i d as in dog a last name bamford b as in boy a m as in mary

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and ford like the car 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, Councilor.

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Ms. Bamford, are you the authorized representative to speak on behalf of Snipes?

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I am.

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And can you just give your title for the board?

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Project Manager of Construction and Design for Snipes USA.

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Sorry.

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And were you on the call when you heard me give the testimony?

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Yes.

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And is everything that you heard me say true and accurate to the best of your knowledge,

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information, and belief?

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Yes.

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And had I called you to testify, would you adopt that testimony as your own?

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Yes.

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Mr. Chairman, if there's no further questions, I have nothing else for Ms. Bamford.

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Are you done with your presentation?

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And I am done. I would just like to have those exhibits admitted into the record, sir.

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There are questions from the board.

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Questions or comments from our attorney?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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Yes, I have a hand up from Craig Melodosian, sir. I have a lot of them to speak.

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Craig, please state your name and spell for the sonographer.

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Craig Melodosian, C-R-A-I-G, last name Melodosian, M-E-L-I-D-O-S-I-A-N.

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

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I do, Chair Bergman.

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Please proceed, sir.

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I just wanted to indicate that multiple RCOs were present at this hearing, though it was, I'm sorry, community meeting that was sparsely attended by affected neighbors, in part due to the commercial, it being seated upon the commercial corridor.

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Though the application is de minimis, this shopping center is of significant importance to the community.

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It sits at the east end.

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We also have a Snipes at the west end.

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And I'll use this term with reservation, but the shopping center was savaged after the unfortunate and tragic social protests in May of 2020.

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The center has struggled. What the leasing agent labeled as a refresh was actually significant repairs to the center.

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We have Snipes coming in, sitting in the center of a center with significant vacancy.

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We hope their high-profile presence will bring life back into the center, which will spread out to the corridor.

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And the fact that they've made a commitment to put two stores into the community should be acknowledged, and we believe rewarded for their investment in Southwest Philadelphia.

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Thank you for your time and attention in this matter.

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Great. Craig, thank you for taking the time.

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anyone else in a virtual audience

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planning commission

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it's from Bednar city planning

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property is indicated

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for industrial commercial mixed

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use we have no objection to their

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granting the variance

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thank you MI 2024

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004454

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6000 Woodland Avenue I vote yes

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Michael Johns my vote is yes

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Iowa

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My vote is yes.

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my vote is yes

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Cheryl Guest in my book.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you, counsel.

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Mr. Chairman, I do have another matter.

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I don't know if I can do both of them back to back.

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I don't know if that's permitted.

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One's the other matter.

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It's 2250 Cotman Avenue.

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It's MI 2024.

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That's in the 330 list though, right?

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Mr. Chair, that's number 13 on the 2 o'clock list.

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All right, why don't you stay right there? Okay. MI 2024-004-469-2250 Contman Avenue. Counsel, just state your name. You've already been sworn.

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Yes. So again, for the record, Leonard Altieri with the law firm of Claire Harrison representing the applicant. Quick Lube of Carolina doing business as take five oil change.

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And there's a letter of non-opposition from take back your neighborhood with one enforceable proviso, use limited to oil and fluid changes and sale windshield wipers, right? Also, unanimous, a letter of unanimous support from the RCO community on the rise. Our vice chair has a few questions.

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I do.

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Have you emailed in all the required documents and exhibits that's needed to proceed with

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this case five days in advance of this hearing?

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I have.

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Again, just like with the prior case, Mr. Vice Chairman, I did supplement the packet

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either Monday or Tuesday with a letter of support or letter of non-opposition from Take

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Back Your Neighborhood.

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All right.

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No problem.

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Thank you.

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Please proceed.

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Thank you.

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Can you see the screen?

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Yes, we can.

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All right, perfect. So again, Leonard Altier at the law firm of Claire Harrison for the property located at 2250 Cotman Avenue, representing Quick Lube Oil Change doing business as Take 5 Oil Change.

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The property is located at 2250 Cotman Avenue, which is the location of this former Exxon gas station.

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And I say former because the gas station has been subsequently shut down and is now demolished.

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So you have an existing pad site that is currently at the property.

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The property is located in the CA1 Auto-Oriented Commercial 1 Zoning District.

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It's also subject to the following overlay districts, the use-specific standards, child care, family child care, Area 1 and Area 2,

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the Northeast Overlay District, Map A, and the Narcotics Injection Site Overlay District.

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What my client plans to do is to construct a three-bay, 1,442-square-foot Take-5 oil change

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facility. Now, Take-5 is starting to break out into this market. They're very popular in the

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South and in the Southwest. But what Take-5 is, is that it's a service in which the customer

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drives into the building. They remain in their car the entire time, and then they leave when

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the service of their choice is completed. There are over 800 Take-Five facilities in the United

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States. Take-Five oil change provides a limited type of service consisting of the following

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oil changes, windshield wiper replacements, engine air and cabin air filter replacement,

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coolant and coolant exchange. The year-to-date 2023 average for service time is around 11.2

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minutes with a high volume of 10 cars being serviced every hour. As you can see here,

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this will be a completely new constructed facility. With regards to traffic flow,

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the applicant has worked closely and in conjunction and in coordination with both

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PennDOT and Philadelphia Street Department to have this layout that we show on the screen.

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So as part of this development, we are closing two of the existing curb cuts that essentially were right here where we have proposed landscaping and again where we have proposed landscaping.

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And instead, we'll only have two entrance points, if you will.

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It'll be a right in, right out from both Cotman Avenue and Busselton Avenue.

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The driveways are positioned to maximize the separation distance from the Cotman and Busselton intersection, which is located right here where the cursor is.

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Providing both driveways, excuse me, allowing both driveways, both from Cotman and Busselton,

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allows access options for motorists traveling to and from various directions.

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With regard to the relief that we're seeking, and this is actually what the take five will look like.

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This is our renderings.

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One of the closer ones that one could see today would be in Jenkintown.

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It's the old Glassman Subaru that we essentially just retrofitted or renovated to allow for the Take Five to work.

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Again, three bay, you pull in, you never leave your car.

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So even though we show additional parking here, this parking is essentially just for employees.

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You come in and within 11 minutes, you're getting whatever services that you choose of those four that we provide.

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uh in the ca1 zoning district

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In the CA1 zoning district, personal vehicle repair and maintenance is expressly prohibited.

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Now, the site itself, as I said, has been used since at least 2007 as a gas station, as is evidenced by prior zoning approvals that are on the screen now.

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The proposed use, personal vehicle repair and maintenance, is a similar use and appropriate for that location at Cotman and Busselton.

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We did meet with the coordinating RCO on-site, which was Take Back Your Neighborhood. They did provide a letter of non-opposition with provisives. That on-site meeting took place on August 27, 2024.

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We also were in coordination or contact, I should say, with the affected RCO of Community on the Rise, which also provided us a letter of support.

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And as they said, based on the responses to the questions posed, they are in support of this venture.

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The applicants were transparent and forthcoming with regard to communication.

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They welcome us in their community and their support.

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One thing I do just want to flesh out with regards to one of the provisos in the letter from Take Back the Neighborhood, the coordinating RCO, is number eight, where it says no selling of parts except for wipers, fluid changes, and oil changes.

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I do think it's important to note that we do provide air filter replacement.

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I think that that was just something that was overlooked by the RCO, but I want to be clear with the zoning board that we will not be prohibited from selling or replacing those air filters.

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That is, again, one of the four things that we provide, the oil changes, the windshield wiper replacements, cabin and air filter replacement, and coolant exchange.

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With that being said, I do have both our project engineer and a representative from the applicant on the call.

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If there's no questions for me, we can start with the applicant's representative, or we can start with the engineer, Mr. Joe Colucci, and we can get him sworn in to adopt my testimony.

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Mr. Colucci, please state your name and spell it for the stenographer.

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anything not to speak yes hi joseph j-o-s-e-p-h colucci c-o-l-u-c-c-i you swear or affirm to

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tell the truth the whole truth nothing but the truth i do sir please proceed counsel thank you

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very much joe can you just state your title and the business that you uh uh the company that you

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work for yes uh my title is partner i'm with a company called development and construction

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Solutions, and I am part of the engineering team associated with the plant production.

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Perfect. And so you took my next question, which was you were the engineer record for this

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application, essentially? Yes. And were you on the call when I made the testimony to the board?

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Yes, I was. Is everything that you heard true and accurate to the best of your knowledge,

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information, and belief? Yes, it was. And had I called you to testify, would you have adopted

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that testimony as your own? Yes, I would. Okay. Mr. Chairman, I have no questions for

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uh this witness if there's any from the board well why don't why don't we finish up with your

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witnesses then we'll see what questions the board has okay you have one more witness right i do i

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have the represent the uh representative ownership which is mr des roberts mr roberts could you

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please state your name and spell for the court sonographer

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i've been allowed to speak sorry am i uh am i unmuted there we can hear he does you're fine

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Please state your name and spell for the court stenographer.

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Yeah, it is Des, D-E-S, last name Roberts, R-O-V-E-R-T-S.

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

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I do.

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Please proceed, counsel.

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Des, can you just give your title and relationship to the applicant, please?

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Yes, I am the director of real estate and development for Quick Loop of the Carolinas.

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because we are operating as Take 5 Oil Change. I'm also one of the owners and a board member.

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Perfect. And Des, were you on the call when I provided the testimony to the zoning board?

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Yes. And everything that you heard me state, has that been true and accurate to the best of your

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knowledge, information, and belief? Yes. And if I was to call you to testify, would you have adopted

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that testimony yourself? Yes. Okay. And just one thing I want to just flesh out before I turn it

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over to the board for questions i made comment a couple of times about the type of services that

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we provide here at take five oil change can you just quickly very quickly explain you know just

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reiterate the four types of services that we provide um yeah so we obviously we change oil

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we change um windshield wiper fluids air filter air filters um and um yeah that's

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change obviously yes all right and those are essential to the operation of the business

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correct yes thank you i have no further questions mr chairman questions from the board

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i have no further questions mr chairman questions from the board

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questions or comments from our attorney hillary emerson um just briefly mr altieri um would it

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just would a proviso because you mentioned the proviso from the rco wasn't quite didn't quite

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compass everything um but if the board were to grant would it provide them to the effect of use

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limited to oil and fluid changes, air filter changes, and the sale of

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windshield wipers? Would that encompass? Yeah, I would also just

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add in there, coolant exchange.

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That's fluid, right? Fluid changes. I never

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had auto shop when I was in high school, so

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if that works, that works.

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Right, thank you. Thank you.

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questions or comments from the virtual audience

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i do not see any hands mr chair planning commission run bednar city planning the

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property is indicated for commercial use on the city plan or adopted district plan recommends

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no change existing zoning at this location the applicant's hardship is not supported with

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evidence of unique physical conditions of the property that would prevent it from being used

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in conformity with the code, proposed single-story auto-oriented use with multiple curb cuts

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is close proximity to a very busy intersection and is in direct opposition to a larger community

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vision and rational planning principle for the district and the corridor. We recommend the

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request for variance not to be granted. Can I just briefly respond to that, Mr. Chairman?

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