civus
Hearing video

ZBA Hearing - September 27, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Sep 27, 20235h 5m

believe. And basically, the ratios would be the same where it will be five adults to about three

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children. And we'll provide the ADA services. All of our clinicians are licensed, have a long

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experience of dealing with children with autism. And basically, the goal of our service is really

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to focus on language development, reducing challenging behaviors and increasing skills.

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Thank you.

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I have nothing further.

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Questions from the board?

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No, Mr. Chairman.

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No chair.

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Questions or comments from the virtual audience?

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Chair, we have a calling user with

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the phone number ending in 3552.

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Okay.

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Calling user, please unmute yourself and wait for the chair.

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

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Yes, Adrienne Fernandez. My last name is spelled F-E-R-N-A-N-D-E-Z, Swampoodle Neighborhood Process Association, RCO.

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Yes, Adrienne Fernandez. My last name is spelled F-E-R-N-A.

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You swear a firm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Please proceed.

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Okay. I sent a picture showing that this property was not posted at any time before the hearing.

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This address is in my neighborhood.

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It's in Swampville neighborhood.

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I pass by this property every day.

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It's on a major transportation route, and it was never posted for the hearing as required.

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There were two meetings.

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I sent the meeting summary form because there's five effective RCOs listed on the RCO application website.

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However, the Planning Commission listed seven.

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In any case, three of the RCOs attended the two public meetings on 8-17 and 7-13-23, and the affected RCOs serving as coordinator was All-in-the-Family RCO.

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All in the Family RCO sent one or more emails requesting additional information about the

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autism therapy program based on we didn't get enough information about the program from

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our questions at both public meetings.

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All in the Family did not receive a response that they could forward to all of us to the

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other RCOs to see if they had any other questions.

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One of the major concerns, because all three RCOs attending the second public meeting and

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two RCOs attending the first public meeting were opposed to this variance for this type

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of use, one of the questions in the email was, and at the meeting, was asking the owner

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to propose other uses that we could look at, and we never received that information from

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the owner through their attorney.

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So the youth proposed one of the major problems is that the owner explained how if clients are artistic, and this would be an autism medical facility, that medically persons between the age, I guess, of birth and whenever they're declared autistic and 21 are considered medically to be not adults or children.

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So we had a conflict because persons between the ages of 18 and 21 who are clients and medically considered to be children, we're not adults, they are legally adults.

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And they could, when we asked for within the small area of the facility because they want the top to be an apartment, so they're just using the first floor in the basement.

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And when we asked for where are alternative areas in the medical location of the building for persons to be, say, isolated if they were having problems, we're not sure what's going on with medication, if that's given there or not, we could not get an answer about where the available space was for persons who were having problems participating with their therapy.

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Therefore, if they're between 18 and 21, they'd be free to go outside the neighborhood and potentially cause problems that we don't want to add to.

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So that was a major problem.

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There were other problems about the amount of space inside the proposed medical area, and we didn't get any answers about that, nor about alternative uses.

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Also, we didn't get any information about exactly how the medical facility would be laid out in terms of where the younger children would be, where the older children would be, where the offices would be.

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We just couldn't seem to get that kind of information from the owner or from the owner's attorney.

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As I said, we're opposed to this use next to residential homes.

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At the first public meeting, the next-door neighbor came, and she was also trying to get information.

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She didn't seem to understand it enough to vote.

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We did not vote at that meeting.

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At the second meeting, there were no affected addresses.

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For this address, there's 125 affected addresses, and nobody attended.

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And we definitely need to feel comfortable supporting this where no neighbors have input.

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Those neighbors around there are very familiar with the prior businesses on all of their corner properties.

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We are asking the ZBA to vote against this variance, to deny this variance.

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However, if the ZBA does not, we're asking that the hours be limited Monday to Friday.

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If the ZBA does not, we're asking that the hours be limited Monday to Friday, 8 a.m. to 6 p.m., no weekends, and also all trash kept indoors.

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And because we have limited information, we don't really have what was also going to say a limit of one apartment.

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I believe they were asking for one apartment upstairs.

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And that's pretty much all we can say based on the information that we had at the meeting.

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all right thank you for uh your information who else in the virtual audience has a comment

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i see no hands chair planning commission thank you chair bergman and good morning david effecto

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with the city planning commission chairman and board members the comprehensive plan recommends

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no change to the commercial mixed use of zoning at this location this property has a documented

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history of use as a business on the ground floor dating to at least the 1950s. The appellant has

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shown that the proposed group practitioner will have no detrimental impacts beyond what might be

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expected, and so the City Planning Commission recommends the board grant a proposed special

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exception for a group practitioner. Thank you. Mr. Consul, do you agree with the provisos that were

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mentioned yes sir okay so am i mr chair can i just ask a quick question mr consul you mentioned

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you received a letter did you receive a letter from all in the family are you referring to what

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was submitted by swamp poodle i apologize attorney emerson uh it was swamp poodle that i i got kind

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of confused because you know they were all at the meeting at both meetings and that's what we got

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was received from Swamp Poodle.

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That's fine. I just wanted to make sure

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we had received everything that you had

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received. Yeah, as Swamp Poodle

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mentioned, yeah, okay. Yeah, you're good. Thanks.

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All right. Thank you.

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So MI 2023

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001-517

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2532 North

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22nd Street. I vote

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yes with proviso.

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8A to 6P

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Monday to Friday hours.

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No weekend. Trash stored

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inside.

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Thomas Holloman, my vote is yes, with provisos.

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Ishmael Shaheed, my vote is yes, with provisos.

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Thank you, board.

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Number 11, MI 2022-007-612-5204-206, North Lawrence Street.

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Kevin Kim is the attorney.

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Letter of support from new 42nd Ward with proviso.

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Okay. Mr. Kim.

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I'll promote him to a panelist now, Chair.

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Thank you.

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Mr. Kim, you can unmute yourself.

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Hello.

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Good morning, Mr. Kim.

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you've already been sworn just state your name for the record kevin kim k-b-i-n-k-i-m all right

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could you identify your client the relationship to this property my client is old brothers

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photo inc and we have max o of that company okay our our vice chair has just a few questions for

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you sir good morning counsel do you agree to waive the reading of the refusal and stipulate

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to its accuracy? Yes, I do. Have you emailed in all the required

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documents and exhibits that are needed and required to proceed with this case

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five days in advance of this hearing? Three days late,

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Mr. Chair. All right. Please proceed

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and share your screen.

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And we do show that we have a non-opposition

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letter from Councilor New Swell. Oh, no, no, no, no.

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excuse me that's the wrong one i read okay you know you're good can you see my screen

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yes okay um this this is the aerial view of the subject property i've i've colored it green right

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there where the cursor is this is a subject building it's a large building approximately

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27,000 square feet. Now, Max O of Old Brothers Order Inn currently has this pink colored building

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where his mechanic shop is, four bays. And this is where his parking lot is.

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So it is right adjacent to this. There's a common doorway right here leading from this building

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where the bays are to this building. Now, I'm going to show you another picture of this area

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right here there's a driveway right here servicing for part of this property and this prop

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right here servicing for part of this property and this property

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and this is the view from the north fifth street corridor this is the driveway

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and it's part of this property and this subject building there's a a roll-up gate door here

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where the cars can go in and out now this is the zoning folder this whole area is

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commercial mixed use including our subject property

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this is the lawrence street view single roll-up gate here it appears to be the front but this is

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i guess it's the front compared to this lawrence street but this is actually the back area no cars

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are going in and out of this this particular door this is running closer this is inside

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it's a quite large building right now it's just storage and that's about it

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now this is that area i told you leading to that driveway to north fifth street this is the roll-up

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gate on the other side not the uh facing lawrence but uh facing the part of that property of mr

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old is a current mechanic shop. This is just 117 letters that went out to all the neighborhood,

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nearby neighbors. Okay, this is the subject of what we're talking about. It is a paint booth,

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completely self-contained with air filtration system on top. It is approximately 14 by

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14 feet wide 26 feet long and nine feet high so i guess it's about the size of two vehicles

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you need some room to move around inside and paint the vehicle it's got complete exhaust

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system on top so whatever air is used in there it's exhausted out uh filtered now the in addition

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to that safety feature of this paint booth the paint that mr o is proposing proposing to use

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is water-based solvent paint not oil-based so the toxicity level is quite low compared to oil-based

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paint and that is a trend in the industry Mr. O says that all the paint shops are converting to

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oil-based painting to help with environmental issues Mr. O just by way of background he's been

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fixing cars for about 30 years or so and he bought that property about I guess 15-20 years ago

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the current shop the mechanic shop and I helped him with the zoning at that time

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I consolidated lots and was approved and all of that now he wants to expand into body work and

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painting work because his business has grown notwithstanding the COVID problem that he had

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the last three, two and a half years. So he is seeking that zoning variance to allow him to fix

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the bodies and paint the autos which is right next to his current mechanic shop. Any questions?

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We're fine. Why don't you bring your client on to adopt your testimony?

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OK. My client is in my office right now with my laptop.

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How does he get on? It's he's looking at all of us right now.

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Well, can we can we promote him?

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Could you please have him raise his virtual hand?

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Yes, he's been allowed to speak, he just has to unmute himself.

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Okay.

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sir could you state your name and spell for the court stenographer

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yeah hi uh this is a max o m-a-x-o-h do you swear or firm to tell the truth the whole truth

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and nothing but the truth yes proceed counsel mr oh you were in my room all this time you were

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listening to everything i said do you agree with everything i said as presented and you

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adopted as your own testimony if you were speaking for yourself? Yes.

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Okay.

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All right. Questions from the board. No, man.

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all right questions from the board no mr chairman yes chair um i have a question um council so

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when you are installed the uh new paint booth what will be the um entrances and the exits

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um for the vehicles is it going to be along the side street in an alleyway or will that be coming

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through one of the four bays. No, the exit entrance will primarily be through that common

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driveway leading to Fifth Street. And I didn't see it, but is the actual driveway owned by the

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actual applicant? Yes. Okay. All right. No further questions. These are comments from the virtual

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audience i see no hands chair planning commission thank you chair bergman and good morning david

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fecto with the city planning commission chair and board members the comprehensive plan recommends

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no change to the commercial mixed-use zoning at this location the 1962 works progress administration

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land use map shows that this property has a history as a gasoline service station

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so auto repair would not be an unusual reuse the proposal will not injure the use of adjacent

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properties and so the city planning commission recommends the board grant the use variants for

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auto repair and vehicle painting thank you um council does your client agree with the proviso

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interior storage of all vehicles yes he does okay so mi 2022 007 612 5204 to 06 north

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lawrence street i vote yes quick proviso interior storage of all vehicles

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thomas holloman my vote is yes with proviso ishmael shaheed my vote is yes with proviso

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thank you counsel thank you members of the board

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thank you all right

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so number four mi 2022 002 815 38 52 germantown avenue ryan mcsherry will be our attorney for

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this hillary emerson has recused herself um there is a letter of opposition from the 13th board

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RCO. Also, the applicant has provided 26 form

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letters of support. Mr. Weitzman is the attorney.

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Mr. Weitzman is coming back in as a panelist.

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

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Mr. Weitzman, how are you? Could you please state your name and spell for the

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court? Richard Weitzman, W-E-I-T-Z-M-A-N.

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I represent the applicant, Shiree Wilborn.

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All right.

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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 for you.

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Okay.

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Good morning, counsel.

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Do you agree to weigh in the reading of the refusal and stipulate to his accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that are needed and required to proceed with this case?

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Follow these in advance of this hearing.

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Documents were emailed in, but it was admittedly less than five days.

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Yes, and we received everything along with your tax clearance.

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