civus
Hearing audio

ZBA Hearing - February 18, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 18, 20264h 37m

and a letter of support from JVS Human.

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Our Vice Chair has a few questions.

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Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing?

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Yes, with exception of the letter from Mayfair Civic Association, our RCO meeting was last night, so that was submitted today.

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

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see well minus the discussion that we just had that there it does appear that it needs to be

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corrected to reflect i think it's accessory to the group medical you show your screen and proceed

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with your case thank you i still have not yeah i i need can i i need to recuse myself from this i

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didn't realize this was on today i'm actually on the board of spectrum so i need to recuse myself

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from this case i know it's a better day come on michael

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go to andrew i'm sorry i still have not been promoted as a panelist and haven't gotten the

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prompt okay i'm sorry um if you could just accept it i sent it out twice there we go

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and veronica milbourne hill is here for the ceo of spectrum i just want to make sure that

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she is all have her available and then as soon as you're done i'll bring great okay

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share

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okay here we go uh as chairman bergman stated that this is a an uh we have letters of support

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from a couple of the affected rcos including the mayfair civic association a petition of support

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and full support from the mayfair business improvement district and the adjacent neighbor

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jevs this is an application for to document an existing fence along ryan avenue which is the

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effective rear of the property this is an old theater that has since been converted oh my

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screen is lagging. There we go. That has since been converted to multiple uses of Fulton Bank

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and then the adjacent suites two or three are the suites that Spectrum occupies. The front

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entrance of Spectrum is along Cotman Avenue. Even though this property has a Frankfurt Avenue

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address the frankfurt avenue frontage is quite minimal um the cotman avenue frontage being the

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primary and the fences along the effective rear of the property uh on along ryan avenue

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uh we received a letter of refusal because the uh ryan avenue is considered a street frontage and so

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it only allows for a four foot fence and we're requesting a variance for the eight foot fence

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uh spectrum is a non-profit that has been serving philadelphia for more than 58 years

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uh it's a 501c3 and provides all basic medical care um veronica can talk a little bit more about

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the services provided but they have four locations throughout philadelphia and have been at this

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particular location for over three years they really renovated the space and in our discussions

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with the community the fence actually has enhanced the rear before the neighbors were seeing the the

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trash and the just really the rear of the property now it's blocked off a bit with this fencing and

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um really uh improved the outlook for the neighborhood um there are some debates about

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whether it's the most aesthetically pleasing fence but it's a it's a fence blocking the trash

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and um the mayfair uh business improvement district also actually uses the space works

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with spectrum to store the temporary fencing that they use for the tree lighting ceremony

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and for their Thursday's night market in the summertime.

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The property is on CMX 2.5.

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And again, really, we're here on this very technical,

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a technicality that even though

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this is the effective rear of the property,

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Varion Avenue is considered also one of the frontages.

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I still have a little bit of a lag,

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but these are the site photographs.

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uh the the this first photograph that i'm indicating is the uh along

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This first photograph that I'm indicating is along Cotman Avenue, where the main entrance for Spectrum is, and the other two showcase the existing fence that we're trying to document, and the rear of the property along Ryan.

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as we already spoke about uh this is the um in red is the suite that spectrum occupies uh the

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fulton bank the financial services occupy suite one and so the fence is along suite three it's

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suite two and three that spectrum has occupied the refusal which will ask be corrected

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and uh with that i'd ask that veronica be promoted as panel

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those fences already up yes yep

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and the business group used the same area a little bit for you mayfair yes the business

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improvement district they they've they've used the area to us to store their equipment right

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so back there are the uh garbage cans and uh electric and it's also a security okay

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veronica right yes veronica

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veronica if you're with us can you raise your hand oh great hi veronica do you please state

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your name and spell for the stenographer veronica hill milborn um v-e-r-o-n-i-c-a hill h-i-l-l hyphen

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milborn m-i-l okay do you swear or affirm to tell the truth the whole truth and nothing but the

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truth i do counsel hi veronica did you hear the entirety of my presentation today i did and i

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agree with everything you said you did a fabulous job representing spectrum great it's true true

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inaccurate it is and do you adopt it as your own testimony I do and is there

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anything else that you'd like to add today tell the board a little bit about

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the services you provide yeah thank you so much for giving me the opportunity

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to present this afternoon spectrum as our attorney mentioned has been serving

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Philadelphia's most vulnerable citizens providing an array of health care

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services for over 58 years. We are well respected for the quality of care that we provide. I like

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to say that we provide everything that a patient or family would need from birth to grade. So that

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includes OBGYN, adult primary care, pediatrics, dental, behavioral health. We have a pharmacy

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also at the Cotman Health Center. We provide podiatry, nutrition, infectious disease. And

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the beautiful thing about Spectrum as a federally qualified health center is that we never turn

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anyone away because of their inability to pay. So we offer patients the option of having

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a sliding fee. And in this current climate, when we know that many of Philadelphia's citizens are

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losing Medicaid coverage, it is essential to have a provider like Spectrum available to communities

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to provide this, you know, health care services and support. We have been very integrated into

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to the Northeast community, well received.

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Last year alone, we served almost 14,000 patients

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throughout Philadelphia, and we have conducted

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a number of community outreach programs.

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As our attorney mentioned, we're very involved

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with the community and quite visible.

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This fence has, I believe, enhanced that location prior to our fence and our health center.

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There was trash and debris. It was unsightly. As you can see from the photos, it is greatly improved and enhanced.

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I know that last night the Mayfair RCO had concerns about our ability to maintain the property.

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We take great pride in the aesthetic appearance of our facilities.

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They're absolutely beautiful.

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I welcome you to come visit us someday.

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Thank you so much, Veronica.

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With that, we'll take questions from the board.

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Questions from the board.

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Questions or comments from our attorney, Hillary Amberson?

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Questions or comments from our attorney, Hillary Anderson.

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Not at this time, Mr. chair, questions or comments from the audience to the virtual audience.

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No hands at this time chair.

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Planning commission Amy with the planning commission.

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The comprehensive plan recommends no change in zoning to the current CMX to commercial mixed use.

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The appellant has demonstrated that there are unique physical conditions or circumstances of the property.

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They would prevent it from being used in conformance with the zoning code, but the fence is proposed at the back side of the facility and serves to screen trash and utilities.

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The planning commission recommends that the board grant the requested variance for fence height.

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Okay, we're gonna hold the vote on this till we have the chair. I'm sorry to interrupt. A hand just went up from a Donnie Smith.

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Okay, they're allowed to speak.

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hello everyone uh could you please could you please state your name is spelled for the

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stenographer yes sir uh donnie smith d-o-n-n-y-s-m-i-t-h do you swear or affirm to tell

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the truth the whole truth nothing but the truth yes sir mr smith are you a neighbor

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i am uh i am a resident in mayfair also the executive director of the mayfair business

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thank you very much please proceed yes i just wanted to uh to mention on a few things about

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the property itself it's uh even though ryan avenue is considered i guess a frontage it's

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very much the rear of the building and prior to spectrum health showing up uh we've had other

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businesses you know in that facility and behind there is where the dumpsters and trash and what

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heavy whatnot were always placed and having this fence placed in front of those things now greatly

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enhances the appearance of the rear of the building itself uh it's a chain link fence with

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uh blue strips put place inside of it but you can still see through the fence um

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you know it greatly enhanced the appearance of the of the community of the of ryan avenue and

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And Spectrum Health has been a great neighbor for the for the community.

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And I also wanted to point out that even though 7300 Frankfurt Avenue, 7300 Frankfurt Avenue

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one time was the Philadelphia famous Mayfair movie theater.

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So just if you've ever been to the company to Mayfair area, you'd be familiar with the

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old Mayfair movie theater.

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The two businesses that would have the frontage on Ryan Avenue would be Spectrum Health and

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JEVS, both of which, JEVS has also submitted a letter of support. So, you know, with your

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blessing, I think there shouldn't be any reason why they shouldn't fly through. If you have any

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questions, I'm happy to answer. Thank you very much for taking the time to call us. We appreciate

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it. Yeah. Planning Commission. Oh, I'm sorry. We're done. We're done. Okay.

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Okay. You'll be back when we get it corrected. Okay. Okay. So I'll be in touch to get the date

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of the vote or just once you bring it back, we'll vote publicly. Yeah, I'll work on the

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corrected vote fees and we'll try to have this voted next week, if not the week after. So

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thank you so much. Have a great afternoon. Thank you. Mr. Nockamson, please.

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Okay. Somebody was calling me. I wonder

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So, Mr. Nockamson, MI-2025-006-268-6204-208 Oxford Avenue.

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Mr. Nockamson, just for the record, could you please state your name?

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Alan Nockamson.

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You've already been sworn, and we have a letter of non-opposition from the 35th Ward Democratic Executive Committee.

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Our vice chair has a few questions, sir.

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Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing?

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Yes, I have.

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

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I do.

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All right, thank you. You can share your screen and proceed with your case.

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uh so i represent um northeast uh oxford realty lp better better known here as uh extra extra space

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uh storage uh and to my left is daniel smith one of its member one of his representatives

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and we have an unfortunate situation in this respect this has been in this property has been

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in this condition as a storage facility since 1987. A couple years ago there was a fire in

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a portion of one of the storage structures. We needed to get, you know, to do, you know,

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renovation work for that storage structure. Because of that, we now fall within the updated

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because of that we now fall within the updated landscaping requirements for our parking lot

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landscaping requirements for our park.

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uh and because of that and i'll share my i think my screen's being shared right

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trying to share it over yeah trying to get in full screen mode sorry uh because of that with

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the refusal we're being required to put five trees right as a perimeter abutting a residential

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district where like adjacent to to uh affordable housing development we're an i2 property in a

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really industrial part of town but we do border uh affordable housing development and then they

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want additional 29 interior trees based on on the code requirement all we're trying to do is legalize

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the parking lot that's been there for almost 40 years 133 parking spaces um so you know ultimately

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we're trying to get a variance uh for something that's existed for forever we have a letter of

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non-opposition uh from the community as the chairman stated they don't oppose uh this project

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um and then just aerial views like basically this is the parking we're trying to legalize

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that's 133 parking spaces we have no room to put any landscaping there uh this is just you know

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growth but like there's parking spots on that um and you know we're adjacent uh to a governmental

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facility where we cannot like put coverage near our adjoining property line the the government

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prevents us from doing that so we can't put it there we're also sublease releasing the place

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from pico where there's power lines hovering over our property anyway so we couldn't really put

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trees there anyway because and that's the hardship as well and you know i think there is a vested

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rights argument and you know a variance by estoppel in the sense it's been 40 years of

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this use and we're not changing anything it's just because we had to do reconstruction of

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part of the facility due to something outside of our control so and this is what the facility

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has looked since you know 2017 and again this is just us right here so we're you know and this is

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2008 and then 1996 as far as 1996 so nothing's changed in all this time my client purchased

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the facility in 1993 maps of the area we're in i2 property photographs again you know this is an

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extra space storage facility since 2007 and you can see all these power lines here so i don't

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think it would be conducive to having much landscaping or trees here. And it's the hearing

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notice poster. And then this is the subject parking, which has existed since 1987.

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And this is Oxford Avenue to the right of the property, to the left of the property,

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are plans and drawings. And I'm trying to like kind of expand out here. But like here's Oxford

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avenue you kind of go into this common uh you know driveway here uh you have you know basically

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the actual storage facility is here and there's a common curb here and then you go into uh where's

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the i think oh the driveway is right here and then here are all the parking spaces here it's

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just a gravel parking lot but there's really no room you know to you know because it's a two-way

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dry vial there's really no room to put any type of landscaping we couldn't put it here either

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because you know we need dry vials to get to these storage lockers

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and then this is our rco meet it's a testimony about a government agency is there yeah they're

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joining us what is it um the naval center oh yeah so i think from a security risk we can't

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cover their sight line right so i think that's a pretty big hardship there um and uh we met with

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the community on december 3rd right and then we emailed that notice a few weeks beforehand

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uh showing proof of mailing of that notice too and we you know it's it's not much density around here

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and then proof of mailing of that notice or application for appeal

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notice refusal project information form the lease to the property and i did look it does

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reference the parking lot and this is an amended and restated lease i think it's 2017 the most

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recent iteration of it but if you look at i think use of the premises it talks about a parking lot

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for cars trucks boats and recreational vehicles there is some storage within that parking lot as

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lot as well nothing's changed in that period of time and the lease goes through 2046.

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well nothing's changed in that period of time and the lease goes through

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i'm just trying to get through the lease

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and then the last thing would just be the tax clearance certificate which eventually is coming

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oh there we go let me just go back one there well 72 000 owed is just for this year so it's not

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technically due yet so with that being said i would ask uh that uh dan be sworn in sir could

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you please state your name could you lean forward a little bit to the mic thank you very much could

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you please state your name and spell for the stenographer daniel smith smith daniel smith

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S-M-I-T-H. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do. Counsel? Yes, Mr. Smith, you heard everything I had to state today about your zoning matter.

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Yes. Is it true and correct? Yes. And do you adopt this as your own testimony? I do.

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