civus
Hearing video

ZBA Hearing - October 15, 2025

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

the um as i said the um the applicants um put the bamboo fencing up because they were doing

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digging and things like that because what they're going to do is place a garden there

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and they didn't want all of that to disturb you know folks walking by but is there intention

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that's a temporary is the fence there now is the which one the one i'm looking at now the bamboo

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fence is there now that would come down once they've completed their gardening and you know

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setting of the garden. Behind that bamboo fence is that

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chain link fence that was in the plants. That structure right there

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is merely temporary. They only put it there so that, you know, the dirt and things

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I guess the point is, it looks like you put the pergola

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up, right? The pergola was up. And then you

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fenced it in after it was up. Well, it was fenced in originally

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with the chain link fence. Right, right. The bamboo went up after.

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right the bamboo went up after because they were doing some digging and things like that

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didn't want the soil and all of that to get on the sidewalk so they were just trying to protect

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the um the sidewalk from you know the debris and the dirt that would come down but that is

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a temporary structure okay um i want to go through the rest of your presentation okay all right um

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As I was saying, the variance was due to 17401's prohibition for an RSA-5 property that did not match the setbacks for immediately adjacent properties.

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What we have in this...

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One to show is the pergola, right?

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Okay, all right.

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The pergola on 617.

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The pergola on 617.

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the

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The pergola that...

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The one you're talking about.

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Yes, right, right, right.

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Sure.

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Go.

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Pergola.

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That's the pergola.

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And as you can see, that chain link fence is existing.

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What they put up around it was that bamboo fence

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because they're going to be digging to create the garden.

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And as you can see on either side, there are no other structures,

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so that's why they were not in compliance with 17401.

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And there's other pergolas on the block, you say?

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Yes, there are.

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In the front of the house like that?

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Yes, yes, yes, I'll show you those.

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Here we have 6520 Algard, you can see the pergola there and you can see on either side

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there are no um structures and now i'll go to um walker street which is one of the surrounding

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one of the surrounding blocks okay here we go

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6618 walker you can see the pergola with the white fencing and on either side

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there is no structure okay and uh here we go

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one more

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66 oh here we go

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that's the one 6603 yep yeah 6603 walkers same same position so the um the rco basically you

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know once we presented they said you know pergolas are characteristics of these neighborhoods

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and um as long as the um owners here made sure that no debris came on to the um came on to the

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sidewalk and as long as you know any plant um dead plants were you know cleaned up they had

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no problem those were the only provisos that they provided on their um approval letter why don't you

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bring your client on sorry bring your client on my client's not here yeah but i mean they're not

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online no they're not my client is asian and just okay all right so you're an officer of the court

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more yes your touch money yes from the board um okay

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so i understand that the community group didn't seem to have a problem with this but yes um i

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guess i'm concerned about the later added fence which you say is temporary which we that can't

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know well i mean the board could add a proviso that that come down and they would agree with

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that because it was always temporary they just didn't want as the um um the rco said well we

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don't want any debris i said okay we'll put this fence up while we're digging up this garden and

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that sort of thing but that's a temporary fence but if you already had a fence why did they need

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because it was because it was a chain link fence and debris and dirt can kind of come over the

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chain link fence is the permanent fence but it didn't protect against them doing their gardening

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and pulling up, you know, plants and things like that.

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You can put tarps around chain-link fences.

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That kind of thing.

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That's what they do with construction sites.

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I mean, these are not professional construction folks,

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but that's what they did.

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But still, I mean, I'm having a little problem with that.

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And then question, did your client talk to the next-door neighbor?

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Are they in?

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Yes, yes.

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the neighbors were a part of the community meeting and

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they had no problem. I mean, did they speak to their

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next door neighbor and ask them if they were

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in favor of this? Just because people come to a meeting doesn't necessarily

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mean that they are the immediately adjoining.

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Right. Their neighbors were and are aware of what they're doing.

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That's not my question. Oh, go ahead. I'm sorry. I want to ask you a question.

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is is the neighbor next door to this have you talked did your did your client or did you talk

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Have you talked, did your client, or did you talk to them and ask them if they agreed to this?

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to them and ask

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The answer is yes.

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You talked to them?

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My clients talked to their neighbors and said, no, there's no, the neighbors have no problem.

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So my clients talk to the neighbors.

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I have not spoken to the neighbors.

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The interaction that I had with the neighbors was at the RCO, but my client, I'm sorry.

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Thank you. That's not my question. I didn't ask about all the neighbors, the immediately adjoining neighbor. Did your client speak with their neighbor and get their approval, permission, okay?

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Yes. The answer to that is yes.

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And this is your testimony here?

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Yes.

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Okay. All right. Thank you.

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Other questions from the board?

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i guess the only the only comment that i have is that the um all of the other pergolas that you

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showed were sort of store-bought sort of pergolas that you know like from home depot or wherever

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and they're although they're they're they're kind of semi-permanent right because they could come

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down in the winter especially the ones that have the tarps and everything and i've seen people do

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that um and and the one that that your client has is really sort of a more permanent structure and

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appears to be sort of taller and just just more um more prominent than uh the other ones that that

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that you sort of showed so i mean that that's just a just a comment okay

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okay okay do you have a question okay um questions or comments from our attorney

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not at this time mr chair questions or comments from the virtual audience

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i do not see any hands mr chair planning commission thank you chairman and good

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morning david effecto with the city planning commission chairman and board members the

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comprehensive plan recommends no change in zoning from the existing rsa 5 residential single family

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the city rezoned this neighborhood in 1990 and a council supported map change the proposed

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pergola in the front yard will not injure the use of adjacent properties the city planning

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commission recommends that the board grant a proposed variance for placing a pergola in the

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required front yard council we're going to we're going to talk about this on the uh 29th right

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We'll vote it at 930, but we're going to take it to executive session and just talk about the whole concept.

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Okay?

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Okay.

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All right, and thank you for wading through the fire drill.

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We appreciate it.

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Thank you.

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And thank you for wading through my technical non-expertise.

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Appreciate it.

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Thank you.

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Number two, MI 2024-004-752-1923 East Allegheny Avenue.

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Mark Feynman is the attorney.

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um meeting was held on november 7th before harrogate civic association we do not have

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proof of mailing we have we have a letter from them at all no okay

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i'm making as a panelist now mr chair

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

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Yes, thank you.

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Good morning.

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My name is Mark Feynman, M-A-R-K, F as in Frank, E-I-N-M-A-N.

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

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Yes.

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My client, it's a business company.

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The name of the company is DEMA, D-E-M-A, Realty, Inc., and the representative for the

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company, this owner of the company, his name is Haytham, H-A-Y-T-H-A-M, and the last name

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A-Y-A-A.

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Thank you.

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A-Y-A-D, I beg your pardon, Ayad.

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All right.

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

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Good morning, counsel.

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Good morning.

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Did you submit your documents and exhibits five days in advance of this hearing?

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Yes.

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I will also notify that we did receive contact from the board's counsel requesting some additional documents, which were supplied as soon as we received the notification.

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And the last notification was late yesterday, so those documents were sent over this morning.

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

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And do you waive the reading of the refusal and stay late to its accuracy?

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Yes.

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Okay, thank you.

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You can now share your screen and proceed with your case.

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Okay.

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Okay.

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I will ask for a brief moment here while I pull up the documents.

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okay I believe the screen is able to be seen now I just check to verify we do

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not see it you do not see so yeah I think you open your documents and you

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hit the green button at the bottom

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Okay, one more moment here, my apologies, my documents, okay.

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Mr. Feynman, why don't we do this? Why don't you figure that out? And I'll tell you, I have two other cases left, so I'm going to try to keep it moving. I'll come back to you in about 10 minutes. Okay?

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Thank you.

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You can get those documents up. Thank you very much, sir.

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You're welcome.

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So number nine, MI 2025-002-157, 4520-40 Wirth Street, Justin Crick is the attorney.

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There's a letter of support from Frankfort Neighborhood Advisory Committee.

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Good morning, members of the board.

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Hi, counsel. How are you? Please state your name and spell for the stenographer.

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Yes, Justin Crick, J-U-S-T-I-N, last name K-R-I-K.

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

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Yes, my client is Archetype Paint Studios through James Turani, who I believe is on the call.

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and they are a tenant at the property.

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Okay, our board secretary,

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Cheryl L. Gaston,

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has a few questions for you, sir.

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Good morning, counsel.

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Good morning.

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Did you submit your documents

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five days in advance of this hearing?

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I did.

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And do you waive the reading of the refusal

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and stipulate to his accuracy?

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Yes.

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Thank you.

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You can proceed,

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share your screen

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and proceed with your case. Thank you very much.

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Members of the board, thank you for

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entertaining this application today.

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Tarani Paintworks, or I'm sorry, Archetype Paint Studios, also

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formerly Tarani Paintworks, has been operating

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at the property 4520 through 40 Worth Street in

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Building F for quite some time. We were before this panel

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or the zoning board about two years ago where this use was granted with two-year proviso.

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So what's unique about this project and application is that the application is for

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intensive industrial use vehicle paint shop as the code has certain classifications that

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were limited to.

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However, what you were actually going to see and may have seen or recall from the past

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is that the type of paint and finishing that's being done here

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is for artistic purposes, for commissioned works, and not for vehicles.

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