civus
Hearing video

ZBA Hearing - October 28, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 28, 20266h 49m

Do you swear or affirm to tell the truth

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the whole truth and nothing but the truth?

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Yes.

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Mr. Black, are you a neighbor?

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Yes, I am.

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Please proceed.

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I live at

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1113 South Daring

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Street, which is right across

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from the lot being

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developed or whatever.

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And I have

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I have

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two issues

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Two issues that I want to bring to your attention.

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that I want to bring to your attention.

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Thank you.

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First issue is that I've seen maybe six months ago the proposed plans,

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First issue is...

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and they want to put garage doors on Darien Street.

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I don't know if that's still in effect or what, but they did say for loading.

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Mr. Black, I'm watching that.

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Several of the people in front of me, they're all shaking their heads.

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yeah that's not true there is no loading we can't have a let him go ahead your second okay so

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there's so there's no loading on darien street now how about trash removal will that be done

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on 9th street like the rest of 9th street does have their trash put outside on 9th street and

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be picked up by them commercial trash trucks because darien street's only six and a half

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fit wide. And I don't need them big bins out there on the payment with them trucks trying to get up

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there. Yes. Hi, Mr. Black. It's Eileen Quigley, counsel. I was at the meeting in August. I

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believe I recall you being there as well. In the non-opposition letter and things we had talked

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about with David Goldfarb and the committee, one of the conditions is that we will not have trash

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pickup on darien street and um what the proposal is is to have the the trash storage on darien but

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the 96 gallon trash cans will be wheeled up to washington avenue picked up from washington

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avenue and then wheeled back down to the trash storage area the roll down gate is just to so

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you don't have to see the trash storage area and that was something that um mr goldfarb said would

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be really more appreciated by the neighbors so that's what we proposed we couldn't roof it though

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because it would increase our variance dad i'm sorry okay anything else sir oh oh no so so the

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trash bins they'll put them out when the truck comes on washington avenue and then they'll put

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them back inside they won't be left outside that's what i'm trying to get to yeah no they

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will not be left outside they'll be taken up to washington avenue emptied out when the commercial

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trash pickup comes and then return to the space they will not sit on washington avenue okay so

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the tenants will know that yes yes okay what one other reason now the uh talking about the restaurant

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up top that you want to build or whatever.

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Now, is there going to be like a sound barrier thing going around that,

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you know, for like if they have parties and whatever else they want to do?

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If I want to open my windows in the summer.

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Okay, hold up, hold up.

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Mr. Black, let I lead answer.

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Go ahead.

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Yeah.

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So there is a roof deck there.

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it meets the proposal is for a roof deck it's for a commercial tenant which would be anticipated

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as a restaurant it's not in the it's not absolute at this point but it's anticipated that if there

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is a restaurant that moves into that space that having a rooftop deck for additional drinks or

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eating people like outdoor spaces throughout the city they're you know they're a common site

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It's not a party site

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It's really for the restaurant use

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And it meets setbacks

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So there's like no loud music

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Or stuff like that that's going to be going on

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Or you can stop that from happening

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That is not the intention

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Okay

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Thank you very much

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led you you'll yeah but chill hello uh all right we lost them okay is there anyone else in the

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first audience not at this time chair planning commission good evening the comprehensive plan

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recommends no change in zoning at this location from the current cmx3 commercial mixed use

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the appellant has not shown there are unique physical circumstances or conditions that

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prevent conformance with the zoning code the planning commission recommends the board deny

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the requested variance for the roof deck for non-residential use signage at or above the

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second story but grant the variance for lack of off-street loading okay so mi 2026 003 998 1101

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to 33 South 9th Street.

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I vote yes.

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I vote yes.

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Michael Johns, my vote is yes.

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Michael Johns, my vote is yes.

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Cheryl.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Ryan McAdams, my vote is yes.

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Kaya Nguyen, my vote is yes.

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Kayla Beebe, my vote is yes.

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Thank you.

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I'm sorry.

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Thank you very much.

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That concludes my business.

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Thank you.

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Sure.

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Thank you.

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Thank you.

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You've been here the whole afternoon.

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We appreciate you staying here.

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All right.

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So, number 17, MI-2026-004-145-6745-95, New State Road.

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Daniel Maida is the attorney.

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Two more, two more.

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Do you want to take a break yet for this?

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All right.

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Good afternoon.

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How's it going, sir?

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Good afternoon.

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I've noticed you've been here a long time, too.

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Yes.

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

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Certainly.

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Dan Mita, M-I-T-A.

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

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Yes.

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Could you identify your client in relationship to the property?

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Certainly.

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our client is the fee owner of the subject property uh 6745 uh state road llc and i see

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there's non-opposition from tacconi civic association and our vice chair has a few

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questions for you sir thank you mr good afternoon um have you submitted your documents and exhibits

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14 days in advance of this hearing yes we have okay and do you this is a special exception so

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Do you waive the reading of your referral and stipulate to its accuracy?

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Yes, we do.

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All right.

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Thank you.

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You can share your screen and proceed.

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Thank you.

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Just one moment.

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You'll indulge my technical inefficiencies.

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Okay.

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almost there

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it's your computer one you think are you in

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it is i'm uh logging into the zoom okay sure thank you i appreciate it

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yeah thank you why don't you start telling us what you want to do so we understand that'd be great

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thank you very much mr chair uh the subject property is currently located in a i-2 zoning

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which is permissive under special exception uh section 1460110e for junk and salvage yard and

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buildings. That is the relief the applicant is seeking before you today. As you had mentioned,

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Mr. Chair, we had met with the Taconi Civic Association, the registered RCO, on September

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15th. We voted no opposition. The subject property meets the pertinent criteria. It is

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four-acre parcel, which is greater than the two-acre minimum. It is over 1,000 feet from

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any residential areas, which the minimum is 150. The operations will be greater than 20 feet from

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the public street, and any processing of the materials consistent with the special exception

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use will be greater than 300 feet from any residential activity. By way of further context,

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The property is under the common ownership of an adjacent parcel of land with an address of 5247 Unruh Street, which is occupied by a three-generation company, Orthodox Auto Company.

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so the subject the fee owner applicant is a as common ownership and the premise of this is that

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they'll be subject to the requested relief they would be expanding their use onto the subject

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property for just kind of just for a point why don't you check your computer now because it

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should be up by now and i want you to start showing us he is promoted to panelists okay

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prophetic mr chair we're up and running so

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do you see it yes okay i was just promoted and i'll go ahead and share my screen with the packet

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it okay all right you're coming up right now sir yep you're up we have all your documents so we

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don't need your documents what we need is photos and if you have plans yep i'll jump right to them

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if that's okay uh so this is probably this is a good orientation here i can zoom in if that's

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helpful. So up to the north here, you can see Interstate 95. The property is to the east of

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95. And then here we have the Delaware River. The property I was alluding to that's currently

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operation kind of be captured here can everyone see my cursor yes sir great and then if you see

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where these trees are right here this is the beginning of the eastern uh border of the subject

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property it goes up this private street bevan up the new state road carries across the building

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envelopes you see here and back here so this is the property line that abuts the uh current

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an operation for our client. That's right. Um, this, the subject property, uh, and this kind

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of whole area here you're looking at has been an industrial use since about the 1870s. Uh,

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our client acquired the property back in January of this year. It was previously owned by an

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affiliate of distant precision. Um, and they had been in operation. I think just as far back as

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the earlier date reference. So a lot of incredible kind of history here. But

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part of this is that this is a historically and currently industrial area, which, as you well

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know, it being east of 95, the city's comprehensive plan is permissive of industrial uses of varying

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intensities. So where does your client keep his junk and salvage? Sure. So currently all the way

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along the river, that's somebody else, am I correct? All the way. Well, loaded question.

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There's a number of different tenants and owners in this area. But if you were to follow my cursor,

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this area generally has a tremendous amount of vehicular storage, so storage of vehicles,

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um and then uh also of kind of raw materials so what our client does even though we're using we're

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importing the term drunk and salvage yard in a lot of ways it's kind of recycling of cars that

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have been abandoned or that are and the idea is to kind of uh extract and reuse as much of those

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materials as possible um so the there would still be processing on the existing property but it

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would matriculate up towards this property, largely contained for the purpose of a lot

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of the processing on the subject property, would actually largely be inside of the existing

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building structures.

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Right.

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So it would be contained in that instance.

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Yep.

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Okay.

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Clearly, there's a lot of kind of vehicular traffic, but it's largely contained to this

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area.

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So, there's, you know, the adjacent uses is currently used in the area.

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This would be consistent with that and complementary.

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I guess I'll just note one of the explicit purposes of the zoning code is promoting adjacencies of appropriate uses

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and conversely discouraging or disallowing adjacencies of uses that should be separated.

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So here, the use will be consistent with the adjacent uses.

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Okay.

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At this time...

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Would you want to bring your client over?

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Your client here?

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Yes, he is.

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Why don't you come up, sir?

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

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Sure. My name is Nicholas Evangelist, N-I-C-H-O-L-A-S-E-V-A-N-G-E-L-I-S-T.

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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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Counsel, what do you consider?

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Thank you. Mr. Evangelist, did you hear my full and complete testimony today?

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Yes.

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And do you find it true and accurate in all material respects?

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And do you find it true and accurate in all material respects?

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Yes, I do.

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Yes, I do.

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And will you adopt it as your own?

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Yes.

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