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Hearing video

ZBA Hearing - December 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 21, 20214h 4m

Okay.

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good morning mr chairman good morning could you uh state your name and spell for the court reporter

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please yes steven zafuto that's s-t-e-p-h-e-n last name z-a-f-f-u-t-o you swear a firm to tell

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the truth the whole truth and nothing but the truth yes mr holliman has a few questions for

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you thomas do you agree to the reading of the refusal and stipulate to his accuracy yes

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we have documents that we receive rco letter and individual letters in support from neighbors

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thank you proceed sir um excuse me chair i don't believe we do have the rco letter right you're

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right uh was there an rco meeting yes there was a meeting in last month um i had some

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communications with the rco liaison for esperanza and as of last week she had indicated that they

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didn't have um they hadn't decided anything so i i guess if they haven't today then

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and there's no objection

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okay so why don't you proceed okay uh all right so i think i have a witness that should be on

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via the phone line, as well as Mr. Kashif Jones, who is the applicant.

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I believe he's in the video, in the video meeting.

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So I'm just going to go through.

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We entered a PDF with, I think, 14 numbered exhibits.

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Just very quickly to go through.

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There's one refusal.

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I'm sorry, Steve.

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you have it that you could put up please yeah should i share my screen yeah you should yeah

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yeah i'm getting the same message host disabled

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can you also please try turning off your video and then trying to um share your screen if i hit

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stop video first um yes okay it's the same message same message okay i think it might

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be an upgrade issue i'm going to check on that okay well it's the it's the same um packet that

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that is in the pdf that was set out last week um should i just i guess go through it verbally

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uh chair is just tanya if we could um allow him to go forward and i'm fine i can pull stuff up

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because we like the virtual audience to see what's going on as well so i'll try yeah i can make some

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references to the exhibits if if it's not practical then i can just you know make the references and

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and you could be able to look at them you can continue as normal it's just the audience that's

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not going to be able to see it okay sure so that exhibit one i guess we'll say a1 is the refusal

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A2, the appeal application, we did not have a copy of.

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We were retained, I guess, some point along the process,

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so we didn't have a copy of that,

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but I think that could be obtained.

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A3, the project information form.

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A4 is the lease for the property.

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We, Mr. Kashif Jones is the tenant.

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a five posting photos a six are some archive site photos there's a collection of street view

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either google street view or the city's uh you know street view photos taken from the city's

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database as well as gis images of the lot um seven photos of the property

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eight is the zoning map nine and a current aerial photo 10 is the rco notice letter like i said we

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did have that meeting last month 11 tax clearance certificate 12 are the nine support letters from

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neighbors and 13 i have a and b a is a 1988 zoning permit for this property and b is the 2013 use

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permit for the same property and then 14 we entered the opa's information for the property

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so what i would like to do i want to make sure that so the owner of the property is named mark

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eisen he has agreed to to testify as a witness today he is connected via the phone line what

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What I would like to do is basically an offer of proof, read through some summary of his testimony and then have him adopt it.

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What I would like to do is basically an offer of proof, read through some.

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So if you could.

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So why don't you have him come in, state his name and spell for the court reporter?

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OK.

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What would be the last four digits of the number?

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Give me one second.

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Five, eight, eight, eight.

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OK.

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Okay. And sorry, you can unmute yourself.

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He may need some. Is it just pressing the mute button?

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Star six.

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Yes. Mr. Eisen, if you press star six, you'll be unmuted.

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hello

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mr eisen

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i see that he's in the in the meeting but i just texted him to press star six we'll see if

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that works okay here we go hello this is mark eisen could you spell it please for the court

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reporter? First name Mark, M-A-R-C, last name Eisen, E-I-S-E-N. Do you swear or affirm to tell

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the truth, the whole truth and nothing but the truth? I do. Proceed. Okay, I will give a summary

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of this testimony first. So Mr. Eisen has owned the property at 101 West Wyoming Avenue since

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1985 he constructed the there's a garage building and a trailer on the property he constructed both

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of those um and in 1988 he obtained variance relief from the this board uh for quote erection

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of a trailer parentheses for use as an office and parentheses accessory to auto sales lot on the

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same lot as a garage structure, parentheses used for auto repair and accessory storage

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and parentheses, end quote. And that is in what's provided at Exhibit 13A, that's that

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1988 zoning permit, the application number 105204. The property was used in that manner

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for for 25 years as auto sales uh in on the lot with the trailer used as an office and then the

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garage building used as repair and maintenance for personal vehicles

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mr eisen was himself a principal of the used car business during that that time he was very proud

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of his record uh having you know not had violations from the city or and you know not

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being the subject of of lawsuits from his clients and providing service to the community

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just to quickly refer to exhibit six there there's letter numbered

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photos included so six c d g and h show

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different photos from the time that the property had been used

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for this used car sales lot. So Exhibit 6C was from 2004.

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D is from 1996. G and H, I apologize on the outline, it says they're December 16th. They're

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actually from 2008, these photos. And there are street view photos that show what the lot looked

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like at that time. Unfortunately, Mr. Eisen had a horrifying incident where he was held up at

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gunpoint, had two guns pointed at him. He suffered symptoms of PTSD and eventually stopped running

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the the used car business after that this would have been around in the early 2010s

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around 2013 he entered a lease with mr humberto de la cruz for the property and um mr de la

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cruz obtained a use permit in 2013 for personal vehicle repair and maintenance mr eisen was not

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aware of this this application being made um i believe he said he had moved and did not get

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notice. He didn't give consent for Mr. De La Cruz to run. He ended up running a tire shop on the

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property. There were there were multiple city violations for the use during that time. And he

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and Mr. Eisen himself actually was engaged in a lawsuit, did get a judgment against that tenant.

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um was engaged in a lawsuit did get a judgment against that tenant um since that time i don't i

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don't know exactly when uh the mr de la cruz um was you know left the property abandoned the

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property was sometime around i think 2017 2018 since that time the property has been vacant

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um excuse me this is sarin saleta so yes you are representing mr eisen not mr cruz no i

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Sorry, yes, I'm representing Mr. Jones. I thought it made sense to put Mr. Eisen's testimony first.

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Because he could testify to the historic use.

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I asked only because the only proof of ownership that you, or an ownership interest in the property that you submitted was the lease, not the deed.

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Is that correct?

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Yes.

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Okay. If you are representing the tenant, that is fine.

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Yes, that's correct. Okay.

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um so so why do you have do you want to have your testimony adopted for Mr. Eisen is that

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what you're saying um yes is that is that right Sharon

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yes that's fine but also um since Mr. Eisen is not his client whoever his client is so why don't

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why don't we bring your client on is that okay yeah sure so that my client is Kashib Jones

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i believe he is in the in the meeting as well

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mr jones you can unmute yourself and wait for the chair

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mr jones state your name and spell for the court reporter please

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Hashif Jones.

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K-A-S-H-I-F

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Jones.

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J-O-N-E-S.

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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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Okay, proceed, counsel.

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Okay, and just to wrap up

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the testimony for Mr. Eisen's part,

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I want to make reference to

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Exhibit 13A again, that's that 1988 zoning permit.

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There is a site plan that's included in there.

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It shows the location of the trailer, of the garage, and there's, I believe, 27 marked spaces for display of cars on the lot.

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The lot is configured exactly as it was in 1988.

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Essentially, that site plan could be used for this application.

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Nothing else has changed.

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um so mr mr eisen stopped using the property himself due to the incident but he has he has

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since hoped to find a new tenant to lease the property for the same use that's used car sales

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and repair and maintenance uh mr jones the applicant and mr eisen executed a lease in

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April of 2021 for that purpose. Shortly after discovered that the tenancy of Mr. De La Cruz

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apparently resulted in the loss of the used car sales use you know pursuant to the previous variance

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and so now I would ask to have Mr. Eisen answer a few questions. Are you still there Mark?

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Yes, I'm here.

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Were you present for and did you hear my earlier comments?

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Yeah, I did. And everything was correct, except for one clarification I'd like to have made on the record.

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OK.

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And that was about the garage. When I purchased that property, that garage had already been sitting there for many years.

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I did not build a two-car garage.

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That was part of the property when I purchased it.

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Okay.

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And was all, other than that, was all the information I presented true and correct to the best of your knowledge?

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Yes, everything was true and correct.

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And do you adopt my statements as if they were your own testimony?

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Oh, absolutely, yes.

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Okay, and do you support this application being brought by Mr. Jones today?

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i i i certainly do all right and if the board has questions for mr eisen he will be available

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i don't know if it makes sense to do that now or i have a few questions for mr jones as well

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money money move on with mr jones okay sure all right uh mr jones could you are you i guess he's

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already sworn in he was okay mr jones you live you live a few blocks away from the property

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Yes.

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And you're very familiar with the area?

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Yes.

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Yes.

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When did you enter a lease, the lease of Mr. Eisen for this property?

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When did you enter a lease, the lease of...

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Around May last year.

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Of 2021?

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Yes. No, of this year, 2021.

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And that's included as Exhibit A4.

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So you knew you wanted to lease property for a used car lot, and what attracted you to this property particularly?

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The intersection is a four-street intersection.

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Also, the fact that it's me starting my first business in the neighborhood I grew up in.

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Okay.

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And is the property set up specifically for vehicle sales use?

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Yes.

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Did you know that it was a vehicle sales lot before?

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Yes.

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all right and you um so you found out shortly after you obtained the lease that you would need

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zoning relief to conduct used auto sales yes i mean you went in and had somebody help you

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fill out the application yes i've

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and and you uh i guess you engaged my firm after being advised by uh the rc the representative for

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the RCO of the needs of bank council okay um since you added the lease what business have you been

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conducting in the garage area uh doing uh mobile detail not mobile but detailing cars okay and

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have you also been making improvements to the trailer and the lot in the property yes

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Could you describe what improvements you've made?

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Well, first it was just like regular things like cleaning, ripping down all the bushes.

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Like it was like a lot of weeds growing around.

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Then we remodeled.

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For the most part, we're not always done, but remodeled the trailer, the office trailer.

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okay and we have um in exhibit seven there are photos of the property taken recently

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and you can see that the lot has been cleared of overgrowth the trailer has been repainted

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and the interior has been renovated do you plan to make additional improvements if this

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variance variance is granted yes there's a lot more things that need to be done

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I just didn't want to, you know, start investing money into, you know, use car sales and I won't be able to sell cars.

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Understood. Did you attend the RCO meeting with Esperanza last month?

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Yes.

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And there were concerns raised primarily with parking. Is that right?

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Yes.

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uh you you said at that meeting but could you explain uh how the proposed use would actually

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alleviate parking issues along the frontages of the property i will be there to like stop people

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you know and once people see that as a running business like as of now look kind of vacant so

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people would just park anywhere but i'm pretty sure like once everybody see that it's an open

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business they would respect the fact that you just can't park blocking car driveways and none

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of the cars that's doing that is you know have anything to do with the car lot is more so just

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people not not uh you know obeying the law when it comes to parking because there's nobody there

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they just feel like it's vacant they can just you know okay and at the meeting um concerns were

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raised regarding the potential for you to park extra in extra vehicle inventory from the lot

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on the street why is that not a realistic concern because when you park right now

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well for one is insurance purposes if you park a car outside your your garage i mean your lot

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anything happen to the car they won't cover it so that's what the lot is for is for you to store

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