civus
Hearing video

ZBA Hearing - October 15, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 15, 20255h 11m

Not on this property, no.

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All the sales take place on Rue Avenue.

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Okay.

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So then you transport these parts and materials to another location for actual resale.

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That's correct.

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And, you know, majority of the resale is done through deliveries, so not too much traffic is coming to the location to pick up the used parts.

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Okay.

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And are we dealing with any kind of hazardous waste materials as part of this precedent?

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I guess that depends on the definition.

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So we are recycling end-of-life vehicles.

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they'll still have the fluids in them and it's our responsibility to to properly properly recycle

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them so that's coolant oil gasoline things of that nature okay and then those materials are

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properly disposed of we got a paper trail we make sure that they are yeah absolutely an analogy we

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I mean, household cleanings could be classified in a hotel or restaurant as hazardous.

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And really the important qualifiers that they're being handled with in accordance with all environmental laws, applicable environmental laws at the local, state, and federal level.

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So, yes, they are in the ordinary course.

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Okay.

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Thank you.

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So just one thing.

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I mean, I think when our board secretary mentioned a fire.

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I mean, there's a conversation in the letter about a hybrid battery caused a fire.

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Is that a problem for you, I mean, with hybrid batteries?

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Well, it never was before the fire, to be honest with you.

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And after gathering all the information, it really was a situation that you wouldn't believe unless you saw it, because nothing really caused the fire.

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And just a point of clarification, based on earlier testimony, so the subject fire reference in the letter was actually at a property leased by our client, but not owned by the prior, and not on the subject premises.

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I mean, we talked about what's the problem.

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So, I mean, that's something you have to watch out now for hybrid batteries or batteries in general?

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Yeah, absolutely. We need to rethink how we are. We're handling them. That's really what needs to happen. And there needs to be more care taken to it and more isolation.

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Okay. Other questions from the board?

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Are there periodic state or federal inspections of your facility?

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Oh, yeah, absolutely. I mean, we're at the mercy of pretty much any department that wants to come in, whether that is, you know, L&I or the state police or the DEP, and we're compliant with all of them.

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okay but is there a regular is there a regular that that's my question like an annual review or

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annual you know certificate something that happens that's just i mean well we have the

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auto wrecking license through the city of philadelphia and then we have our dealer licenses

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through the department of state um and how many times have you been inspected in the last year

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if you can think um overall from all the different out at least a half dozen to a dozen times

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um hillary emerson our attorney

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um no questions mr chair but just to note that the one matter did have like a corrected

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or amended refusal so we'll need to conclude that as a proviso in the board's decision

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Conclude that as a proviso in the board's decision

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The

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Number number B

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Initially there was a refusal issued in March that included a refusal for not having the required parking spaces

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And then a new refusal was subsequently issued that took that refusal off. Okay, are we so?

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Yeah, I'm not sure yeah, but

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We'll mention this when we bring it up.

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That sounds good.

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The only thing else I'll mention as well is just as a point of clarification,

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and this was included in the exhibits,

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the client received a tax clearance result,

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which noted the tax clearance, I guess it reads,

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uh tax clearance check uh for zoning board passed you can view the certification now or review it

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later in your letters but there was no kind of area to click to review it now so we expect that's

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forthcoming uh hopefully the next day or two um which will promptly okay we're okay with that okay

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okay we can see we've had other people that have had issues with this where it'll say

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you know you passed but the certificate's not generating so we we looked on the philadelphia

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tax center and we could see that what you are indeed in compliance so we can go ahead and vote

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today okay terrific thank you um questions or comments from the audience the virtual audience

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i see no hands share planning commission amy boyd with the planning commission

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this testimony will be for zp 2025-001473 and zp 2025-001467 the comprehensive plan recommends

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no change in zoning from the current i2 medium industrial the parcel is close to the delaware

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riverfront and is in the special flood hazard area so the proposed use could cause such

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impacts beyond what would reasonably be expected by potentially damaging environmentally.

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The Planning Commission recommends that the board deny the requested special exception

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for salvage and junkyard.

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If I may.

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Sure.

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We would just highlight that while we appreciate the planning's perspective and consideration

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of the proximity to the Delaware River,

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I would just underwrite the point

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that this property has been designated as I-2

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and has been used as an industrial area along the river

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again since the mid-19th century

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and the property just appurtenant

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also owned by the affiliate of the owner

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of the property, Orthodox Auto, is and has been in use since the 80s on the Delaware River for

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the exact use that we're asking for. So we would just reference the historical actual use.

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This is a natural extension of that, of a growing local business in a very similar location.

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Thank you. So number nine, MI-2025-003-337-6109, New State Road, number B, I vote yes with proviso, per refusal dated 4-10-25.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Ryan McAdams, my vote is yes with proviso.

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Iowa N, my vote is yes with proviso.

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And number 10, MI-2025-003-344-6801, New State Road, number C, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Ryan McAdams, my vote is yes.

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I win, my vote is yes.

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Thank you both.

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Thank you very much.

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Number 11, MI-2025-003-385-4340 Bybury Road.

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Brett Feldman is the attorney.

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Mr. Feldman, could you please state your name and spell for the stenography?

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Yes, good afternoon, Mr. Chairman, members of the board.

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Brett Feldman, B-R-E-T-T, Feldman, F-E-L-D-M-A-N.

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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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Could you identify your client, the relationship to this property?

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Yes.

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I represent Safe Store Byberry LLC, the owner, as well as Extra Space Management, the manager.

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And with me today is Jeremy Deppler, who is the facility space manager for Extra Space Storage.

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Our board secretary, Cheryl L. Gaston, has a few questions for you.

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Good afternoon, counsel. Did you submit your exhibit packet to the board by days in advance of this hearing?

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Good afternoon, counsel.

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Did you submit your exhibit packet to the board?

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Yes, we did. And then we submitted an amended package that had our letter of support from the RCO this week as well.

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Thank you. And do you waive the reading of the refusal and stipulate to its accuracy?

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Yes, there's amended refusal on this, dated 9-23-25.

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I want to make sure that's in front of the board.

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Yes.

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And so now you can share your screen and begin your presentation.

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Thank you.

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Great.

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Great. So let me get right to it here. This is an existing self-storage facility that is right near Franklin Mills Mall, right between Woodhaven and Bybury, as you approach Franklin Mills from 95.

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The board approved this variance for this in 2021 and then approved variances for the signed package, I believe, in 2023.

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The only reason we're here is the prior tenant here, Life Storage, has now been acquired by Extra Space Storage.

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So this is a nationwide rebranding of the store, of the facility from live storage to extra space.

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And as you'll see, we're actually reducing the size of the signage that's in front of you today.

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So that's what this whole case is about.

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Let me just get right to the slides here.

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That's the letter of unanimous support from the RCO, Millbrook Civic Association, and

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then there's their written explanation.

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This was the original refusal, then an amended refusal, which is right here at the exhibit

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tab 4 moving to exhibit tab 5 here is the we're zoned rsa rsa 1 the reason why we're here is

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because rsa 1 is a residential district we had to so you have almost no signage in this residential

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district and that's why the board i assume previously issued the requested variances

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so here is you know here's really kind of on the right is the existing signage for life storage

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we've got a temporary banner there for extra space storage this is the portion of the facility that

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is facing on Bybury and that's some internal photos of the parking lot here's some photos of

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the inside of the facility that has been well received by the community more pictures of the

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inside the office and then here's the view from Woodhaven as you approach Franklin Mills Mall

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that's the wall sign that is there right now and just for for comparison purposes both of

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those signs that I showed you right now are 183 square feet we're reducing it down to 139 square

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feet and I know it was asked you know do you object to the refusal I think there's a real

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case that we probably shouldn't have been here because when you take a sign and you make it

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smaller, I didn't handle the application. But that's kind of, you know, that's a topic for

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another day. By the time we got involved, you know, we wanted to...

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You should call Hillary about that.

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Yeah. But I'm not even, you know, we're here.

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You always the new sign?

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Yeah. Yeah. I'll get right to it here. Let's just get to Exhibit Tab 8.

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So here is the facility nestled between Woodhaven and Bybury, Woodhaven to the left, Bybury to the right.

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We are refacing this freestanding sign from LifeStore, it's just extra space, exactly the same, just topping the panel.

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That is the left existing, right is the proposed, again, going from 183 to 139.

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And then here we're changing that little office, a piece that says office.

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No change there.

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And then here's the sign that's on Woodhaven, again, going from the 183 to 139.

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that's really that's kind of the story here um i don't know if you have any other any other

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That's really, that's kind of the story here.

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I don't know if you have any.

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questions uh the vote was unanimous um as i o'neil was in favor rco's in favor yes yes and

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questions from the board oh i'm sorry get your testimonies out sure sure

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uh mr deppler can you um can you provide your your your name and and spell it for the zoning

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Jeremy Deppeler, J-E-R-E-M-Y-D-E-P-P-E-L-E-R.

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Do you swear or affirm to tell the truth, the whole truth, and that's about the truth?

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Yes.

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Please proceed, counsel.

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Can you provide your current title?

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I'm the facility service manager for the Northeast here for extra space storage.

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And with regards to the signage and the switchover from one company to the other,

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can you provide what your role has been in that?

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Sure. We acquired – well, I say acquired. It was actually a merger of Life Storage to Extra Space. There's been a rebranding of all Life Storages to Extra Space Storage. Within the Northeast, I believe this is the final rebranding in the Philadelphia market for Extra Space.

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Thank you. Great. And you heard my testimony?

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I have.

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And was it true and accurate?

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Yes.

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And do you adopt it as your own?

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I do.

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Questions from the board?

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Questions from our attorney, Hillary Emerson?

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Questions or comments?

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Not at this time, Mr. Chair.

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Questions or comments for the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends a change in zoning at this location from RSA 1 residential to RM 2.

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The proposal to replace the sign is in accordance with previous zoning relief.

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The Planning Commission recommends that the Board grant their requested variances for sign height and area.

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Thank you. MI 2025-003-385-4340 Bybury Road.

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I vote yes, proviso, per amended refusal, dated 9-23-25.

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John, my vote is yes, with proviso.

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Cheryl Gaston, my vote is yes, with proviso.

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Ryan McAdams, my vote is yes, with proviso.

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Iowen, my vote is yes, with proviso.

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Thank you. Thank you for coming in.

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Thank you for your time.

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Thank you for your time and consideration.

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So number 12, MI 2025-003-645-160-64 North 2nd Street.

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Rachel Pritzker is the attorney.

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There is a letter of support from Old City District RCO

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and a letter of non-opposition from Council Member Squilla,

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and the applicant has also provided 43 form letters of support from the neighbors.

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Good afternoon.

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Good afternoon, counsel.

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

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Yes, it's Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R.

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

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Yes.

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Could you identify your client, the relationship to the property?

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