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Hearing video

ZBA Hearing - November 2, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 2, 20224h 14m

There are only two addresses out of over 20 others that have permits indicating use as a single-family home, as the zoning code would command.

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All of the others are either in use as.

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All of the others are either in use as multifamily structures ranging from two up to eight units or are vacant.

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So the context of this block and its economics are such that single family new construction is not viable here.

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Given the lot size, as I'll show you in a minute on the plans, we really have ample space to provide three large units per property that will be completely appropriate for an entire family per unit.

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So I showed you the refusals.

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I happen to be in the 2030 West Tioga exhibit packet on my screen, but the 2032 packet is virtually identical.

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I'm going to fly through some of the requisite typical documents. There is the current owner's

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deed. Here is an excerpt of my client's purchase contract with the zoning contingency,

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zoning map, aerial photos, postings. And I'm trying to get to the RCO letter. Okay. So here's

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the coordinating RCO's decision letter. I attended an in-person meeting at the coordinating RCO's

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meeting location, which I believe was the New Cortland Senior Center on Allegheny Avenue,

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with Dan Siegel, with the architect, and with the proposed property manager. So I'll just briefly

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read you Allegheny West's description under the vote count here. It says, Allegheny West RCO

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confirmed the meeting for this applicant on September 6, 2022. The RCO had a board member

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go out to the affected addresses and pass out flyers, inform of the meeting, urge attendance,

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and explain the proposal. Verification of neighbor and RCO notification was received and reviewed.

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Then, on September 20, 2022, the meeting attendees included nearby and affected community votes

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were in favor of the project. There were two attendees that were directly affected neighbors.

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Both are in support of this project. One of the proposed one with the proposed two parking spaces on the side of the property, the second without the two parking spaces.

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So that's that's the RCO's expression of support showing a unanimous vote of support, seven votes to none in opposition.

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And then there's a there's a second letter page, which I won't go through that basically summarizes the details of the project.

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But since I'm going to do that anyway, I'll leave that aside.

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So here is our zoning sheet. This shows a part of me.

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I hate when this happens. Got to scroll over. OK, this is a side side yard elevation and a front elevation.

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We actually have a rendering that I think is more helpful than the front elevation.

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But anyway, this is the zoning plan that we submitted to L&I for each project.

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And then here is a more detailed set of additional information that we showed to the RCO.

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So here's that rendering I mentioned.

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This actually shows sort of a 45 degree angle view of both properties together.

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So you see, I think they look really nice together.

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They look from the front like a traditional set of twin houses.

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No basement proposed, no roof deck proposed, a traditional sort of front porch that matches

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what's on the block already. Some of the units in each building, actually, excuse me, I believe

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all of the units will have a small side balcony, as you can see on this side of the 2032 lot.

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And then I'll just breeze through the floor plans very quickly. These are the same for both

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properties but flipped horizontally one unit per floor each unit is at about 1500 square feet or

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larger so relatively straightforward there's to use the ground floor as an example there's a

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living room in the front an open concept kitchen that side balcony I mentioned and then we have

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it proposed right now for three bedrooms two of which have connected baths and there's sort of a

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half bath serving a living room in the front. I do have the architect here to answer questions

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and I'm happy to take questions from the board as well. And I'll have my client adopt my testimony

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if that's okay. Yes, please have your testimony adopted. Okay. So he is calling in on a phone

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number that ends in 5717. And Danny, if you can hear me, if you could please hit star nine to

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raise your hand. Hi. Can you hear me, Mr. Chair? Yes. Could you state your name and spell it,

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please, for the court reporter? Sure. Daniel Siegel, D-A-N-I-E-L-S-I-E-G-E.

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Sure. Daniel Siegel, D-A-N-I-E-L, S-I-E-G-E-L.

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Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Proceed, counsel.

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Thank you, Mr. Chair.

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Danny, did you hear the testimony I just gave with regard to 2030 and 2032 West Tioga Street?

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Yes, I did.

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Okay. Was it true and accurate to the best of your knowledge?

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Yes, it was.

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Would you therefore adopt it as if it were your own testimony?

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Yes, I would.

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And are you authorized to speak for Diane Siegel Family LLC with regard to both properties as the purchaser?

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Yes, I am. I am a co-manager with my wife.

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Okay. Thank you.

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questions from the board no mr chairman no mr chairman

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questions or comments from the virtual audience here we have charles richardson

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mr richardson unmute yourself and wait for the chair please good afternoon mr richardson you've

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already been sworn just state your name for the record please charles richardson office of

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councilwoman cindy bass thank you proceed please councilwoman has no opposition to granting the

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variance for this. Thank you, sir. Thank you for calling in. Anyone else in the virtual audience?

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Chair, we have someone with the phone number ending in 3552.

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Okay. Can you please unmute yourself and wait for the chair?

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

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Yes, Adrian Fernandez, A-D-R-I-E-N-N-E.

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you've already been sworn um proceed

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okay um i just want i spoke with brandon earlier we wrote each other earlier

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and uh we have some provisor requests that i just want to put on the record

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i i know you're not going to vote today right no we're not

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okay so should we do that today or should we brandon what what what are the provisos brandon

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um so adrian emailed them to me a few minutes ago i don't have any opposition to them um what i would

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suggest adrian is if they're not that lengthy mr chair adrian if you'd like to to read them to the

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board um and then i think what's going to happen um per what i hope is going to happen is that we

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can close the record um so that the only thing adrian adrian read read provisors okay um the

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first one is all trash and recycling stored indoors for both buildings except collection days

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the second one is limit of three multi-family units per address the third one is no roof deck

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or pilot house at each address the fourth one is no basement living at each address and the last

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one is no airbnb temporary vacation hotel bed and breakfast or equivalent uses per address and of

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course our biggest concern is if the buildings sell in the future that they're not converted to

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uses that don't fit in with a family living neighborhood thank you for calling in we

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appreciate your your input anyone else in the virtual audience here i see no hands planning

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Commission. Thank you, Chair Bergman. David Fecto, City Planning Commission. Mr. Chairman and

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members of the board, the comprehensive plan recommends no change to the residential single

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family zoning at this location. Since none of the homes on this block face have front parking,

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the inclusion of required parking at this location would be out of character with the

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block face. Considering the presence of multifamily units on the block face, we would argue that the

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multifamily units are appropriate and match the character of the block. However, we would argue

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that two units would be the maximum necessary to afford relief to the applicant. And so the

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City Planning Commission recommends the board grant the variances with a maximum of two dwelling

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units for each property. Thank you very much. So for MI 2022-003-681-2032 West Tioga Street

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and MI

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2022

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003682

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2030 West Tioga.

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Both cases are

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closed. We will

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wait until the tax matter is cleared

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and Brandon, you'll be in touch with

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our attorney, Hillary.

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Yes. Okay. Excellent. Thank you.

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Mr. Chair, this is Hillary. I just wanted to clarify

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that the record is closed except

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for receipt of documentation

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that the tax issue has been addressed.

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yeah yeah so so the records close except for the tax documents understood all right thank you thank

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Understood. All right. Thank you. Thank you. All right. Number three, MI 2022-003-704-1730

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you

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Washington Avenue. Michael Malloy is the attorney. We do now have the RCO letter. Am I right,

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Hillary? Yes, we have received a recommendation of support from the Point Breeze Community

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Development Coalition. Thank you.

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Mr. Malloy.

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Chair, he's coming back in as a panelist now.

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Hi, good afternoon, Mr. Malloy. Could you state your name and spell it, please, for the court

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reporter? Sure. Good afternoon, Chair and members of the board. My name is Michael Malloy. It's

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M-I-C-H-A-E-L-M-A-L-L-O-Y, with the law firm of Obermeyer, Rebman, Maxwell, Hipple.

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Right. Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

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I do. Thank you.

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Mr. Malloy, could you identify your client and relationship to the property?

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Sure. My client is AutoZone Nevada, Inc., and they are the legal owner of the property.

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Thank you. Mr. Holliman has a few questions.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Good afternoon. Yes, I do.

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Did you email all of the exhibits and documents as required, such as proof of ownership, tax clearance, copy of refusal, pictures or drawings of the property?

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Five days in advance to this hearing, did you meet with the RCO and do you have a letter?

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Yes, we did. Thank you.

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Thank you. Please proceed and share your screen.

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Thank you very much. We have what I consider a very straightforward application for an existing AutoZone operation at 1730 Washington Avenue, which is basically at Washington and 18th Streets in Philadelphia.

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The AutoZone was first approved by this board. The use was approved back in February of 2000.

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It's a I-2 zoning district, and the use, which consists of basically the sale of auto parts, was not permitted then, except by variants, and is not permitted now.

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The existing footprint of the building, and I'll share my screen, sorry.

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There we go.

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so just to run through um we do have a list of exhibits we have uh in the packet that we shared

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with the board the original zoning approval uh the city's refusal a site plan elevations a

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landscape plan uh the site posting and surrounding area photographs a letter from the point breeze

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community development coalition in support of the application our zoning map and our rco

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So letter, certificate of mailing, affidavit of service, appeal and project information form, tax clearance, and a copy of the deed finally is L.

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You'll see, again, I said that the use, which we'll see, is for an expansion of an existing structure for vehicle equipment and supply sales and rental with accessory parking.

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Basically, we have in front of us a site plan, which I'll try to magnify a little bit, maybe a little more.

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So we have approximately 5,500 square foot auto zone, and we are proposing an approximately 1,500 square foot expansion.

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and we need the board's approval of the expansion of that use.

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I'll go back down so we can see the renderings.

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The part of the building to the right, you see it's slightly taller than the existing building.

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That represents the expansion.

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And the front elevation is from Washington Avenue.

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And then as we scroll down, we see it from the different vantage points.

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The purpose of the expansion is, frankly, the changing use in the auto business.

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AutoZone wants to have more parts stored.

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They want to have parts on storage for both people in the neighborhood and for garages and mechanics around the Philadelphia area who need parts and need them right away.

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And so we're trying to, AutoZone wants to have more parts on hand to operate the business better and respond to basically a changing environment in their business.

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basically a changing environment in their business. And to do that, they've asked for

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a reasonable expansion. That's all I have. I have with me online Ed Doyle from Collier's. He's the

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project engineer. Kevin Murphy from AutoZone, who can speak to the project. We did meet with

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the community group. They expressed support, unanimous support for the project. We discussed

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some of the issues involving maintenance of the site, keeping the site clean. Kevin's committed

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to doing that and has probably already reached out to his people after we met with them.

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People were generally supportive and they liked the use. It's been of no issue to them and it's

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a well-run business in the community. Mr. Malloy, why don't we have your testimony adopted?

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said bring Kevin on. That's fine. Kevin, if you could just raise your hand and have you sworn in.

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Hi, sir. Could you state your name and spell it, please, for the court reporter?

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Yes, sir. This is Kevin Murphy with AutoZone Development. It's K-E-V-I-N-M-U-R-P-H-Y.

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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, sir. Proceed, counsel.

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Thank you. Kevin, were you on the call when you heard my testimony today?

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I was, Michael.

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And was it true and correct?

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It was, sir.

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Yes, I was.

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And you adopted as your own?

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I do adopt it as my own, sir.

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That's all we have. Thank you very much.

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Questions from the board?

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Yes, Mr. Chairman.

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Counselor, no auto repair work will be done, correct?

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Correct.

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Kevin can confirm that, but yes.

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Correct.

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We do not allow any automobile repair in any of our parking lots.

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Thank you.

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Anyone else on the board?

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, I see no hands at this time.

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By Planning Commission.

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Thank you, sir.

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Good afternoon.

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David Fecto, City Planning Commission.

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Mr. Chairman and members of the board, the comprehensive plan recommends a change in the zoning at this location to industrial and residential mixed use.

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The application is for expansion of an existing non-conforming use.

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Commission staff has heard no evidence that continuing and expanding this non-conforming use would impair the use of adjacent properties.

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The City Planning Commission recommends that the board grant the use variance.

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Thank you.

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MI-2022-003-704-1730 Washington Avenue, I vote yes.

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Thomas Holliman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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