civus
Hearing video

ZBA Hearing - October 15, 2025

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

So as you can see, we've received the refusals.

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I'll actually jump down to here.

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It's a little clearer that the intensive industrial use is prohibited

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and vehicle paint shops are prohibited.

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But you will also note that back in 2021,

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this was granted with proviso that recently expired,

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and we've just been pending and waiting moving forward.

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There are other, plenty of other uses at the property, and if I jump real quick to this picture, you'll see that we are only building F of this property, which has several other commercial uses built in with it.

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For geographic purposes, that whole conglomerate of properties right here is located along Worth and Torsdale.

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You can see it here, a satellite view, and we are over here within this complex, Building F.

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You can see it here, a satellite view, and we are over here within this conference.

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From the outside, again, this is a sprawling set of commercial buildings, different viewpoints,

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but what's more important is narrowing in right about here.

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You'll see that this is where our place is.

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These are before photos prior to the last.

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You'll see now that we have some roll-up doors and appropriate entrance stuff secured, etc.

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There is postings on the property already, maybe a little ahead of time, but things are moving forward.

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So as I indicated, this is the location within the site plan of the area.

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And here is what we're talking about.

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So Mr. Tarani did not create the sculpture itself, but he is the party who painted it, who did all the spray work and paint work.

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And I do want to just drop down because I have to say I found it very enjoyable to look around for photos.

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But this is some of the inaction type of things that we're talking about.

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There are no cars coming in and out of this property.

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This is strictly for artistic purposes.

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So to make things a little bit quicker here, this is what it looked like before this board granted the last variance.

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It was a pretty empty space.

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we had plans that showed the situation with the raised platform and the spray

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booth and all of the technical parts that came in with that and the exhaust

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and as it stands today here is your paint booth you can see that everything

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is very clean and there's adequate exhaust mechanisms we also do have a

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little bit later I'll show you he's got his certifications for air purification

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from the city of Philadelphia. It's a really beautiful space. And we did have a meeting with

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the Frankfurt NAC on September 11th. Here's a copy of our notice that went out. And as you'll

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see from their response, they have complied, since we have complied with all certifications and no

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issues from any residents, they are granting or at least supporting this application. Notable that

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they said 10 people arrived, but none were able to vote. But either way, I mean, I think the

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questions that the Frankfurt NAC asked of us regarding inspections and compliance were all

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met and answered appropriately. This is just an exemplar page of the lease that my client has.

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It does last until 2026 with an option to renew. I did submit the completed semi-redacted version

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to the board as well under separate cover,

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but it's not part of this

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because it just takes too many pages up at the moment.

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Tehrani Paintworks Inc. has the commercial activity license.

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And here's the air pollution license,

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which is current and active.

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I did read on here, it is,

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this one was obtained in March

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and I believe, yeah, expires at the end of this month,

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but we're already in the process of renewal and so forth.

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There are no taxes due on the property, even though we're just a tenant.

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We want to make sure that's clear.

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Again, notice of posting for this was put up a long, long time ago or right about when it was sent to us, but well in advance on all the exterior areas.

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And then I just wanted to highlight this was the last refusal we had originally back from 2021.

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So it was the idea of industrial use again. And this was the letter back in 2021 where the Frankfurt NAC had asked for a one-year proviso. This board was very gracious in offering a two-year proviso.

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I will state that today we're asking that this be just granted without any provisional matters, and that if the occupant obviously fails to comply with L&I or any other environmental requirements or so, that there is a method of grievance for the neighborhood or for L&I to cite at that time, but to not have the expense or requirement to come back again in the future.

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And then we just have proof of mailings of all of the notices and the receipt.

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As I indicated, Mr. Tarani should be available on the call, and I'm happy to entertain any questions from the board.

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Mr. Tarani.

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Mr. Tarani, if you're still available in the virtual audience, please raise your hand.

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Thank you.

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Okay, they should be coming back in as a panel. Sure. Thank you very much. Sure.

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I'm here. Can you hear me? Yes, James. Thank you.

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so uh for the stenographer to swear you in can you please state your name and spell your name

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So, uh, for the stenographer to swear you in, can you please state your name?

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And so

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for the record james terani t-e-r-r-a-n-i you swear or affirm to tell the truth the whole truth

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nothing but the truth yes please proceed counsel yes mr terani um are you the principal of the

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the this business yes all right have you had an opportunity to hear my testimony to the board

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today? Yes. Was my testimony true and accurate to the best of your knowledge? Yes. And would you

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adopt my testimony as if it was your own? Yes. Okay. Unless there's anything else that you would

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like to add to the board, or if the board has any questions for you, I appreciate you joining the

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call. Thank you. Questions from the board? I don't have a question. I have a comment.

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This place is so clean and so, you know, I didn't, I didn't know what I was going to see, but I'm very impressed. And it looks like you're, you're not quite fish or fowl, because I would think that this would be something that could be covered under the artist and industrial sort of category.

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And obviously, because of the paint booth, that's not how Illinois looks at it.

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So just comments, not any kind of real objection to what you're doing.

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Well, I do, I guess, ask your paint disposal practices and all of that are in accord with whatever needs to be done for this, correct?

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because this is auto paint this is it looks like specialized kind of paint for the artwork that's

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being done yes any any uh materials that require disposal appropriately we go through safety clean

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and uh it's very uh very few and far between that we have to use it but we do when necessary

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okay all right thank you any other compliments from the board

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questions or comments from our attorney hillary emerson not at this time mr chair questions or

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comments from the virtual audience i do not see any hands mr chair planning commission

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thank you chairman and board members and good morning david vecto with the city planning

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commission chairman and board members the comprehensive plan recommends no change to the

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IRMX industrial and residential mixed use zoning at this location the city rezoned this neighborhood

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in 2014 in accord with recommendations in the comprehensive plan the requested use variances

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for intensive industrial and vehicle paint finishing shop are in keeping with a diverse

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array of businesses housed within this complex of industrial buildings the city planning commission

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recommends the board grant their proposed use variances for intensive industrial and for a

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vehicle paint finishing shop thank you mi 2025 002 157 45 20 to 40 whore street i vote yes

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michael johns these should all be this easy my vote is yes

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so gaston i agree my vote is yes ryan mcadams my vote is yes

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Ty, I win. My vote is yes.

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Thank you, counsel. Thank you.

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Thank you, members of the board.

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Thank you.

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Number 10, MI 2025-002-159-830 Avon Street.

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Vern Anastasio is the attorney.

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There was a meeting on October 14th.

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We did not have the letters up yet.

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Mr. Chair, I believe we did get a letter of opposition this morning

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from the RCO in this matter.

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In favor?

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In opposition.

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Okay.

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Vern?

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They should be coming back in shortly.

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Thank you.

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Good.

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Good morning, Mr. Chair.

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Council, have you already sworn once today?

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Could you just state your name for the record?

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Yep, it's Vern Anastasio on behalf of Nazar Kakalov.

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Okay, our Board Secretary, Cheryl L. Gaston, has a few questions for you, sir.

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Thank you.

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Good morning, Council.

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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, ma'am.

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

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the reading of the refusal and stipulate to its accuracy i do thank you you may proceed

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share your screen make your presentation thank you very much i'm going to grab my notes

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this is a uh can you see that share by the way no we don't know here you go there it is

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coming up now there it is yep this is relatively straightforward 830 avon

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uh single home right here is the aerial view from 2016 we are here because of this car

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right here that's the refusal um at some point prior to my client's purchase the garage

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was converted to more living space, additional living space, as part of the single-family home.

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And that owner then parked his car right here, as you can see, in 2016, right there.

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And for a decade, that car stood there, right here, again, right here with my...

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And then my client, very young, English is not his first language, believed he was buying the benefit of the bargain, purchased the property, and lo and behold, someone then decides to call L&I once it changed hands, and he got a violation for the car.

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So we are here for the car, for the parking spot. That is considered parking. When you park in your driveway, it's considered parking in the front lawn, which is not allowed.

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And that is why the refusal for the legalization of one, the addition actually is the garage, but the actual refusal, we are refused for the surface parking space.

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That's it. That is the singular issue before the board today.

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And. Let me show you some plans.

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As you can see, here's the parking spot right here.

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This is all existing.

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And the conversion of the garage, again, was done by a previous owner.

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These are single-family homes.

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And by the way, other neighbors park their cars on their driveways on a regular basis.

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But nevertheless, L&I was called.

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They had to come out.

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Now, L&I did go through the property, by the way, as well.

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Now, there's everything inside the property is in compliance.

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So therefore, I'm not I object to the letter that was sent by the RCO.

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We can get into that a little more later.

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It's I object on relevance grounds because it's not relevant.

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They're talking about use when we were talking about parking.

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And it's also inaccurate.

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And as far as what transpired last night at the RCO meeting.

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And I have witness testimony as to verify that as well.

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But that's what we're looking for.

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It's rather simple.

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And here's some interior photos of the property as well.

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Some exterior.

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here. But the garage itself was converted, like I said, just additional living space

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to the single family dwelling. All of that was inspected by the L&I inspector, completely

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in compliance. No problem whatsoever with that. The only thing that wasn't in compliance is because

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that garage has been converted to part of the single-family residence, the car in the driveway

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is considered a space that needs to be legalized. There's the RCO letter that went out.

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And we had, let's see here, 92 individual households were mailed.

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The vote itself was rather close, considering where this took place.

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As you can see, it's on like a small cul-de-sac type area, large lot.

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a car in the driveway does not negatively impact anybody and for my client to be penalized

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And for my client to be penalized for something that was done by a previous owner, just would be a gross injustice here in this particular case.

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for something that

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With that, I'd like to bring my client on to adopt my testimony.

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Okay.

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Nazar Kokolov.

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Yeah, Tatiana Melnick has raised her hand. They're being brought back in as a panelist.

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Hi, sir. Could you please state your name, Ms. Bell, for the stenographer?

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Hello, my name is Nazar Koklov. It's N-A-Z-A-R-K-H-O-K-H-L-O-V.

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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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Counsel?

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Thank you. Nazar, did you hear my presentation to the board today?

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Yes.

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True and accurate to the best of your knowledge.

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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Thank you. Mr. Chair, I'm going to yield for now.

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Okay.

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So the issue is the only thing we're looking at is the parking on there.

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That's correct.

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Remember, this had a garage.

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It's required to have, the zoning requires this house to have accessory parking.

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So when they took the garage, the previous owner took the garage door off and made it part of the single family home, there's no longer accessory parking.

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Okay.

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And that's the issue.

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All right.

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All right.

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Good.

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Questions from the board.

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So can you give us an idea of what the RCO said or objected to here?

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Well, you have the letter.

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Well, we don't have it.

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Oh, you don't have the letter?

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No.

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Okay, the vote.

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Say it again?

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