civus
Hearing video

ZBA Hearing - March 12, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Mar 12, 20255h 59m

for accessory parking.

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There is none.

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As you can see here, the board has already granted uses for hookahs.

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So it's a hookah lounge currently, and BYOB.

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We're going to be discontinuing that particular use, and we're going to have the restaurant instead.

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So let's get to the plans.

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that's just the basement

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and here's the first floor

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here's your entrance

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here's the front of the house

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your tables and chairs

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service bar

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powder room

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back of the house

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prep table and the trash area in the back. And it was asked, we were asked to make sure that it was

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in a corral with fencing. So Station Street, which is behind us, would not be able to see

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the trash receptacles we had no problem with that of course can i show you the import there's some

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photos of the interior here's the street view

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this is what we look at there's a stake in hoagie place that's the existing property the the hookah

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lounge that's the rear some interior shots

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there's the basement and again there's another interior shot here's the letter that went out to

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everybody uh inviting them to the rco meeting as well as to the hearing today

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and as i said i've also talked to lou agar the 21st ward democratic

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ward leader full support here's everybody who was mailed

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57 individual households here's a poster that of course was properly posted

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in the window for 23 consecutive days

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and here is the old use permit for a vape lounge

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so because the restaurant is a welcome change uh getting away from the uh hookah lounge that's

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there now because we enjoy the unanimous support manioc neighborhood council and luager

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and because we are willing ready and able to enter into parking agreement with manioc

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development corporation i respectfully request the granting of the variance

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with that nakia peterson please raise your hand

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i'm moving all of this into evidence by the way

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nakia peterson has been promoted thank you

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you're welcome

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as you can see here on the uh pullout uh the station street is behind us there's no homes

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there but people can park there and they wanted to make sure that our trash was covered so we're

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We're going to do that.

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We see the owner.

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I believe she's.

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Hi.

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She's here.

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

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Nakia Peterson, N-I-K-I-A, Peterson, P-E-T-E-R-S-O-N.

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

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Yes.

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Counsel?

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Thank you.

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Ms. Peterson, did you hear my presentation to the board this afternoon?

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Yes.

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Is it true and accurate to the best of your knowledge?

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Yes.

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You adopted as your own?

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Yes.

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I have nothing further, Mr. Chair.

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i have nothing further mr chair questions from the board question do you is trash pickup from uh

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Questions from the board.

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Question, do you, as trash pick up for.

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the street behind uh good question nakia where the trash pickup where does that occur on main

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street on station street on station street yes mr johnson on the street behind thank you

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other questions from the board uh yes on the drawing it did say that the um there was some

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i saw the ventilation but it moves too quickly um where does it ventilate is it up or to the side

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up thanks okay questions or any other questions from the board

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questions or comments from the audience or the virtual audience

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planning commission amy board with the planning commission the comprehensive plan recommends a

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change in zoning at this location for the existing commercial mixed use cmx 2.5 to cmx 2 the proposed

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absence of parking is an existing condition of the property and others on this commercial corridor

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block face the planning commission recommends that the board grant their requested variance for

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parking thank you mi 2024 006 536 4219 main street i vote yes johns my vote is yes

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Cheryl Gaston, my vote is yes

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Tanetta Graham, my vote is yes

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Iowan, my vote is yes

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Ishmael Shahid, my vote is yes

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I know you have a few other cases

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I'll be back to you as soon as I can

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I gotta just get a couple done

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Thank you, sir

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Let's go back to this other guy

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Mr. Weiss

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Karin Weiss, please

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Number four

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His computer wasn't working

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Mr. Weiss

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it's been promoted

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okay thank you Mr. Chairman

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you've already been sworn as your computer working

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why don't you proceed with your presentation

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thank you okay you should see the front door this time yep i see it all right so this is 6156 mulberry

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it's a duplex um so this is the front of the property the front door this is the front foyer

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area to your right right to the first floor and upstairs to the second correct that's the stairs

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up to the second this is the first floor unit uh they're both identical uh first and second floor

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Living room, kitchen area, bathroom, bedroom.

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And Mr. Weiss, the remainder of that block is also all duplexes.

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Yes, it's a block face of four properties.

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They're all identical.

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I was actually before the board in 2019 for the neighboring property, 61-58.

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And utilities are already separated?

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Separate furnaces, separate water heaters.

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Questions from the board?

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Questions or comments from the virtual audience or our audience here?

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There are no hands, Chair.

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Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change to the RSA 5 residential single-family zoning

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at this location.

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The proposed use is consistent with documented prior use.

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The Planning Commission recommends that the board grant the request of variance for two

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family residential.

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Thank you.

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MI 2024-006-065-6156 Mulberry Street, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Iowan, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you.

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Number 11, MI 2024-006-664-2181 Bennett Road.

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Musa John is the attorney.

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There's unanimous support from Somerton Civic Association

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and a letter of non-opposition from Council Member O'Neill.

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Moussa John. Moussa John will be coming in shortly. Thank you.

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You're welcome.

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Good afternoon, Mr. Chairman and members. Good morning. Good morning, counsel. Could you please

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state your name and spell for the court stenographer? Certainly. My name is Moussa John,

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and my first name is spelled M-U-S-A

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and my last name is spelled J-A-N.

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Do you swear or affirm the total truth, the whole truth, and nothing but the truth?

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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, I do, Mr. Chairman.

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Yes, I do, Mr.

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Mr. John, could you identify your client, please, and relationship to the property?

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Absolutely.

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My client is, excuse me, 21, sorry, it's Bennett Road Property, LLC, and they're represented

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by the owner of the Bennett Road Property, LLC, Mr. Amar Halaj, who is with us today.

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Hillary, is that appropriate?

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Sorry, who is here with us today?

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Amar Halaj.

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He is the owner of the Bennett Road Property LLC.

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Yes, that's fine.

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Okay.

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Please, our vice chair has a few questions for you, sir.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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Yes, I do.

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Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

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Yes, I have, sir.

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Thank you.

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Please proceed and share your screen.

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Just looking to see how to share my screen.

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There we go.

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So what you usually, you have to open it.

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You're good.

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You're coming up.

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Okay.

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okay can everybody uh see the screen yes sir okay thank you um i'm here to have i'm here today on

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behalf of bennettberg property llc the appellate respectfully requests that the the zoning board

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grant a variance to allow the operation of a commercial auto repair facility in a property

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that is zoned i1 and is located in the far northeast overlay and situated amongst similar

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businesses. The only reason for the refusal from L&I was solely the property's location in the

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far northeast overlay. And just so that we're clear, the only change that we are seeking is

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for the use of the premises. We're not trying to change any of the physical characteristics

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of the property or anything like that. Just by way of background, we're dealing with the lot

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size of about 33,000 square feet here, and the improvement area is 15,000. The first picture

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that I'm showing you is the front of the premises, and you can see the cease operations notice

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at the bottom there, as well as the required notices. Sorry. And they have the entire property

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there is it, sir? Yes, there's the entire property. And then there is a tenant in the back

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who is leasing a small portion, about 25% with a separate entrance. And we've also provided the

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lease for him to be doing the same function of auto repair. You'll note that there is plenty

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of parking here. In addition to inside and in the back, there's nothing that's going to be

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parked on the street here. Here's a photo of the interior area. This is where the customers will

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wait and where the office person will greet them. There's a couple of offices for the management.

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This is what the inside of the shop looks like. There's six vehicle lifts here.

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This is the other side and this is some of the empty space in the shop as well.

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The hours of operation for this business will be 8 to 6 Monday through Friday and 8 to 1

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on Saturday.

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The activities will be performed are general auto repair, brakes, oil changes, engine repairs

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and inspections.

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As you saw, there's a nice setup for the customers, who are mainly going to be retail customers, such that they won't have to be waiting out on the street while their cars are being fixed.

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We provided all of these details to the community when we had our meeting, and thankfully, we were supported unanimously by the Somerton Civic Association, and Councilman O'Neill's office has sent a letter of support as well.

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We also worked with the association to agree on the limitation of future uses, which will help protect and preserve the neighborhood, and we have attached a copy of that proposed use limitation as well.

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I wanted to point out to the board that there are numerous similar businesses in the area.

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We provided a list of 10 that are within the immediate vicinity from things like truck repair.

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There's multiple truck repair. There's body shops, used tire shops, and also car sales.

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There's body shops, used tire shops, and also car sales.

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We respectfully submit that there is no harm to the neighbors or any imposition on the public resources with respect to the congestion or the street parking.

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We also respectfully submit that there is no harm or threat to the health and safety and welfare of the neighborhood.

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these are experienced business people who have familiarity with the proper storage and handling

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of the waste products from automotive repair and i also wanted to point out to the board that not

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only is there not a risk of harm to the neighborhood but there's actually a substantial

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environmental benefit and that the owner has made significant investment of over 125 000 for

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the environmental remediation that's currently awaiting the final approval from the DEP.

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It's been a process that's been going on for a few years and was unfortunately caused by

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a use a long time ago as a dry cleaner.

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And I'm sure the board is aware that's one of the worst environmental conditions to have

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to come back from.

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So the company has a successful track record of being a lawfully compliant family business

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at their other location on Roosevelt Boulevard for many years, which is right down the street

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from where this location is.

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They have an established customer base from within the five mile radius.

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