civus
Hearing video

ZBA Hearing - April 7, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 7, 20219h 42m

Hi, Mr. Ward, name and address on the record and spell your last name, please.

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good evening madam chair members of the board sean ward on behalf of the applicant

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trying to start my video there all right there i am do you swear if i'm to tell the whole truth

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and nothing about the truth i most certainly do uh madam chair uh and you also agree to

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weigh the rating of the refusal and stipulate to its accuracy of course have you emailed the

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exhibit packet with proof of ownership tax compliance refusal referral plans photos five

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days in advance of this hearing and have you met with the rco and do you have a letter yes i do

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okay i would also like to mention that councilman brian o'neill and senator sabatina oppose

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this somerton civic supports with a proviso i don't think somerton civic is recognized in that

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area but go ahead you can present this i would respectfully disagree that somerton civic is the

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recognized rco in the district they are the only rco in the 19116 19116 zip code which encompasses

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all of somerton so i i don't know why they may be incorrect but i i yeah i don't know why they

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would suggest that to the board if they infected uh but madam chair i'm going to share my screen now

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i will try and be brief as possible given the late uh hour of the day and

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hour of the day and what the board has been going through today.

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what the board has been going through today

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I've submitted to the board my typical exhibit packet.

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I'll blow it up real quick.

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I represent Yusuf Karakaglio, and for spelling, that's Y-U-S-U-F, last name Karakaglio, K-R-A-C-A-O-G-L-U-E.

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He is the applicant tenant, and by virtue of a lease agreement, he is the beneficial owner of the property, so I'm here on behalf of both.

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The city recognizes it as 626-30 Byberry Road.

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Everybody in the neighborhood knows it as 630 Byberry Road, and it is calendar number 2021-000424.

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So, in my packet, I have a copy of the notice of refusal at A1.

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The application was for a permit for personal vehicle repair with an accessory business office, the office for the vehicle repair, and a one apartment on the second floor.

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It resulted in two refusals. Ironically, personal vehicle repair is not permitted in the CA1, which is the commercial auto-oriented one commercial district.

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In addition, the single family dwelling is not permitted in the CA1 district. Therefore, we need to use variances.

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A2 is the ZBA application of appeal.

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A3, the project information form.

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A4 is proof of ownership.

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A5 is the tax clearance.

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A6, site elevation shouldn't be in there.

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It's a site and floor plan.

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A7 are photographs.

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A8 is not in the packet, but I have it, and it was submitted to the board.

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Sergeant Civic's letter of support.

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A9, ironically, is Councilman O'Neill's letter of opposition.

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A10 is the relevant zoning history.

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As far as I, you know, I'm from the very far northeast.

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And as long as I can remember, Marvick Supply was at that site.

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They sold building supplies and materials for as long as I can remember.

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I think they closed maybe in 2012.

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Then we have the zoning map and aerial photograph.

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um well i'll um yeah very quickly the days and hours of operation monday to friday 7 a.m to 6

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p.m saturday 8 a.m to 1 p.m and sundays are closed currently there's two employees including

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the owner uh he does have uh room for two more employees because he's got uh four repair bays

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two having lifts all work would be performed indoors there is secured vehicle storage in

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the back i could show you that and there's no auto body or painting uh you know contemplated

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proposed or expected in the future so uh moving through the exhibit packet uh briefly uh this is

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the notice of refusal um as you can see it is 626-30 bybury the two refusals again

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Personal vehicle repair not permitted, and the single-family dwelling not permitted.

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My transmittal letter to Tanya containing the application.

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The application, page 2, the PIF.

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Okay, moving on.

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Proof of ownership.

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The Philodoc site was down, so I could not obtain a copy of the actual deed.

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But Philodox does have 626-30 recorded as the owner, Siltrent LLC.

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And that property was purchased on or about May 31st of 2017.

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As you can see, taxes are paid through 2021.

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Okay, I don't want to interrupt you, but I am interrupting you.

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Is the councilman still on?

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yes i am thank you madam chair okay um i'd like to hear from you okay and let me clarify because

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we had somerton civic earlier on the stevens road case um the uh somerton civic has not followed

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and this hurts everybody not just um whether they're for it or against it uh who who's affected

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by that. They don't hold meetings. They send out a proposal, a request that they get a copy

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of the proposal, they'll email their membership, and then they get comments. It all goes through

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the president that concocted all this, and he sends questions to the applicant.

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And he sends questions to the applicant.

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They send answers back.

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No one sees them.

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It's totally not transparent at all.

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But then he doesn't follow the sheet because he can't.

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There was no meeting.

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He can't tell you whether the 18 people that are for it live two miles away in Somerton

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or the 14 people that are against it live within a block and got the letters.

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And that's just a fact.

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It is not a recognized procedure by the RCO.

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It's certainly the summer in RCO, summer in civics, been there for longer than I've been in office.

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And that's pretty long. So I just wanted to clarify that it's really the process that they're not following and what the implications are for both sides.

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Because you don't know who they who's who's for, who's against.

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There was no meeting. You never had any personal contact.

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In fact, the Zoom meetings work with every civic in my district.

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In fact, I think we get more participation on some of the meetings.

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So I'll just put that aside.

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Mr. Ward, I have a lot of respect for.

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I know him.

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He's a friend.

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But when he stated that this is a single-family use, technically, you can call it single-family.

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we call it an apartment and a mixed use of of commercial whatever it is and an apartment so

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it's an over it's starting right there with the with the residential it's an overbuilt

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it's an overreach whatever you want to call it but i can tell you that neighborhood is one of

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the nicest neighborhoods in the city and certainly the nicest and highest priced in my district

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Madam Chair, at this point

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I'm going to object to the

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councilman pontificating

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on the characterization

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of the neighborhood

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let's stick to the facts

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and the property

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let's stop it

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strike that

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but not what the councilman said

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we're not going to go back and forth like that

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continue

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Councilman O'Neill

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madam chair i would object i i would like to present my case

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councilman o'neill you may unmute yourself please

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hi councilman o'neill you're still there you can uh sean when uh there you go i'm still figuring

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this system out so the the entire corner this is right it sits on bybury but it's right behind

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a strip of stores that is owned by the person that bought this property. He also owns a very,

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you know, a larger shopping center across the street. It's all his own CA1. He's been there a

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long time. Nothing bad to say about him. Just like I got nothing to say about Mr. Ward. This is not

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personal. This is a use that's not allowed in any one of those stores that he owns, the centers he

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owns, or any of the other uses right there in that Busselton and Byberry, and everyone that I've

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talked to personally. Alice from my office who does zoning and L&I for me lives in the area.

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She's talked to people. We can't find anybody that lives anywhere near this that is not totally

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opposed to having a repair station on a CA1 property right behind by the same owner, forget

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it's a lease, the same owner that has the stores on Busselton and the corner that reaches to the

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corner on Busselton Avenue. So I would ask the board to deny this application. Thank you. So

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that's a strong opposition from you yes i believe senator sabatina sent a letter i was told that by

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him personally today um i have that in my notes he did and he is also opposed to it uh thank you

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sean do you want to continue or begin of course i do i'd like to make my case before i was rudely

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interrupted by the council thank you oh come on i know you guys are friends but this is not okay

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Okay, but this isn't the first time he's done this.

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I've known Brian for 30 or 40 years.

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Sean, I'm going to cut you off.

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Okay, I object.

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Note my objection, and I will do what I got to do.

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But let me present my case, please.

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I asked you to.

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Thank you.

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Okay.

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So, again, I've submitted my exhibit packet to the board, as I typically do,

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which includes all the required documents as requested and directed by the board.

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We do have, in fact, the copy of a site plan, but let me first show you that this property

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But let me first show you that this property is extremely unique in that it is zoned, split zoned.

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So half of the property is CA1 commercial, and I again reiterate that CA1 commercial is commercial-auto-oriented.

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However, auto repair is not permitted in the district.

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The other half of the property, the smaller half, is zoned RSD1.

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Therefore, the CA1, because it's a majority of the property, the zoning of CA1 carries.

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Okay.

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So with regard to the property itself.

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Okay.

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There are, this is Byberry Road.

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I'm going to reduce this.

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Hold on a second.

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Okay.

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Okay, so at the top of the page, you would have Bybury Road running from east to west.

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Can everybody see this, Carol?

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I'm sorry.

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Just want to make sure.

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I can.

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It's a little bit small.

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Okay, I'll blow it up.

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But I just want to know that this is Bybury Road at the top.

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And then the property is almost a rectangle going in from Bybury.

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So when we blow it up, you'll see that there are three buildings on site.

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the two blue dots represent the single building

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that we are referring to in our application.

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The two red dots are not part of the application.

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Again, this used to be the property occupied and operated

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as Marvix Supply for as long as I can remember.

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And I'm sure Brian, Councilman O'Neill would agree with that.

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But we are limiting our application

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to what we're calling, I believe, is building C.

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I think this is building A.

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This is building B, which was basically an open-face storage building

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for lumber and building supplies.

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This was probably the latest building constructed on site.

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The front portion consists of a two-story building,

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which has an entrance at the front and then there's another entry here. Over here is a

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separate stairway access up to the second floor and as I recall that first floor was used as a

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showroom type display area for building supply materials and then this is just a masonry

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clearspan garage with two bay doors and a manned door dead center.

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And we have pictures.

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We'll show you that.

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So we're limiting our discussion to this building here.

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The application has nothing to do with the original first building constructed on site

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for Marvick Supply, nor their lumber shed, as I would call it, in the back.

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Okay.

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Anyway, so with regard to the – we didn't do a floor plan for the garage because it's basically a two-bay door garage with nothing else to show on a floor plan.

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But there is a basement.

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It's for mechanical and storage.

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This is the first floor, which would be used as the proposed office for the auto repair shop.

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There is a man door right here, which takes you out, and then you would enter into the garage.

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There is no pass-through from the office building into the garage.

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And then on the second floor is what is fitted out as an apartment.

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The applicant, Yusuf, is going to be the operator of the auto repair shop, the office, and he's going to reside.

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in the apartment above. So just for the board's view, this picture was taken just inside the

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property line from Byberry Road. It's showing the street frontage of the building, which is actually,

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you know, in all intents and purpose, the side of the building. This door would take into the office.

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around this corner is that entrance to the upper apartment, okay?

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So what is typically the front facade of the building

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is actually the side of the building.

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You can see the display doors, you know, the double doors entry

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for the commercial office area, and then the apartment above.

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Then you have, this is looking into the garage to the right, there are two bays for vehicle repair.

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then you have this is looking into the garage to the right

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And then looking to the left, there's also two bays, but obviously they have the lifts.

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My client specializes in pickup truck repairs.

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It's not a commercial vehicle operation.

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