civus
Hearing video

ZBA Hearing - March 12, 2025

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

And this property was actually purchased to accommodate the growth of the repair business

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because they did not have enough space at the other location at Roosevelt Boulevard.

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As far as the previous use, the use proposed by my client is very similar to the previous use,

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which was an engine repair facility by a company known as JDM Engine. For many years,

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they had imported engines and transmissions from Japan, serviced them, and sold them directly to

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the customers. We respectfully submit that this is the best and highest use of the property,

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particularly on this block. And we also respectfully submit that a denial of the

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zoning variance would result in unnecessary hardship upon the applicant and also create

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a situation of selective enforcement given the situation of identical businesses in the area.

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Yeah. We've complied with all of the requirements, including the posting of the notice.

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And I can show this. Why don't you bring your client on and you can have your testimony adopted.

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And I have a question. Is this address number two?

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This is 2181. But I mean, is it unit number two?

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Do we have that, Hillary?

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we let me i believe that was what was indicated in the lease so that was going to be one of my

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questions as if the you should be limited to unit two i mean you are representing the owner

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and as opposed to the tenant um but yeah we just understood so you the unit two lease i i appreciate

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you're bringing that up so we had submitted the lease that is for the tenant uh who's leasing the

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25% on the back portion. And I also wanted to point out that that tenant had also applied for

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the use through L&I. And for some reason, his application was approved back in October

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while my client was denied and has gone through the process. So

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number two is already approved, that are you saying?

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Right. Number two has previously been approved, but we're requesting the variance for the entire

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property okay okay okay that's what we want to know and and the other just while we're here the

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other question was the refusal says commercial vehicle repair and maintenance but these look

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this looks more like a personal vehicle repair and maintenance use like just regular you know

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consumers cars not commercial vehicles is that is that correct yes that this is that the customers

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are going to be just regular average people. I understood that commercial, the use of the term

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commercial in that context, in that repair was being provided as a business, as opposed to

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somebody just having a place to work on his own cars. Yeah, no, it refers to the type of vehicle.

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So I think if the board grants in this case, then we'll include a proviso that indicates the

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approved use is personal vehicle repair and maintenance. So these are people's personal

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vehicles but they're taking them to a business for repair understood and i've also asked my

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client amar halaj to raise his hand and he can clarify if i'm misspeaking on this issue but i

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believe that there is also a small component of customers that they will have that that are part

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of commercial fleets but not like trucks but but for passenger vehicles okay well i think as long

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Okay. Well, I think as long as it's passenger vehicles, that would be personal vehicle repair. But I can double check on the code definition while the board members ask your questions.

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as it's passenger vehicles that would be personal vehicle repair

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here.

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Bring your client on, please, sir.

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Did he raise his hand?

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Yes. They should be coming in shortly.

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Sure. Thank you.

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No problem.

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Mr. Halaj, please let me know and you can hear me.

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I did promote the person, but I don't see them at the moment.

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Okay, so counsel, you're an officer of the court.

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we can accept your testimony okay questions from the board yes i have two questions one

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is the facility with the shared with the other tenant of the building or do they have completely

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separate facilities so the 15 000 square foot building is the same but it's separated and the

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other uh okay my client is here as well um bring a one please

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what's your client's hello yes sir could you please state your name and spell for the court

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stenographer sure my name is amar halaj first name spelled a-m-m-a-r last name is spelled h-a-l-l-a-j

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Do you swear or affirm that's all the truth, the whole truth, nothing but the truth?

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I do.

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So, counsel, before we answer the question, let's have your testimony adopted, okay?

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Yes, sir. Mr. Halaj, you're the owner of Bennett Road Property, LLC, correct?

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Yes, I am.

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And you provided your deed as part of your exhibits to the zoning board, correct?

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Yes, I did.

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Did you hear the testimony that I presented to the board this afternoon?

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Yes.

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Was the testimony I presented truthful and accurate to the best of your knowledge?

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Yes, it is.

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Did you take the photographs that were presented to the board?

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Yes.

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Do you adopt the testimony that I presented as your own?

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Yes.

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Thank you.

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Moving back, Mr. Halaj, could you please, you can explain more eloquently than I can,

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as far as the separation of the property with respect to the tenant's separate portion

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and his own entrance um so the application was to uh change of use basically apparently

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even the previous owner when he used to repair engines and and import them and so on

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he never changed the use from warehousing to auto repair um so when we i'm just gonna i'm sorry to

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cut you short the question was about uh the distinction between the boulevard auto center

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portion and the portion used by the tenant in the back right so so he uh the tenant occupies about

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20 to 25 of the building and change of views will apply to all the whole building basically

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the tenant and myself the owner and is the tenant's part separate and distinct from yours

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Yes.

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Okay.

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No, I was just referring to the fact that you said the other tenant also does auto repair.

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So when we're looking at this interior of the garage, are they sharing the use of the garage?

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Because the other two parts of the building that you showed as being separate were offices.

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There was one photo that is in, if we go back, I have no control.

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Yeah.

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So that's the, go back, please.

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One more to the empty.

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No, no.

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No, the empty spot.

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Yes.

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One more.

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No, go the other way.

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Keep going.

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All right, go.

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He's looking for the empty spot in the garage.

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Yeah, it's got two cars, and this is an older photo.

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Right there.

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Yeah, that's an older photo.

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Now he has a lift, but that's the space in the back.

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They're in the same open area.

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there's no wall there is a door there is a roll-up go a garage door between them just like that one

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the one you see in the back so it's a separate okay and and but hillary he basically said that

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part in the back is already has yeah that that's that's fine we don't have to all right all right

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good all right all right all right questions from the board yes a question um you said what

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were the hours of operation did you say it will be hours of operation i got it tomorrow the hours

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of operation will be eight to six monday through friday and then eight to one on saturday okay

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and then 8 to 1 on Saturday.

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Okay.

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and you're doing

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And you're doing just, as you said,

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general car maintenance, tires, oil changes, and what have you?

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Is that what you said?

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Engine and transmission repair.

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Amar does...

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We don't do tires.

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The guy next door sells used tires.

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Okay.

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And you're not doing any auto body repair or spray painting?

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No.

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Okay. And then how are you disposing of the waste products like the used oil and things like that?

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Right. So the used oil, if we go back, one of the photos will show our heater that we used for recycled oil, that one.

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So this contains the used oil that we, when we change oil for cars and transmission and diesel, and we burn them again and use them as a heating device for the warehouse.

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Now, the coolant does not go in there, but there is a company that comes and empties it.

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When we call them, they come.

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There is one, if you see that there is a couple of barrel, yep, it says coolant.

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they come and they pump them out because you can't re-burn coolant if they get to burn oil.

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Interesting. Okay. Are you doing any painting? No. Okay. Questions or comments from our attorney?

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Just noting that for personal vehicle repair and maintenance, that includes autos, small trucks or

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vans motorcycles motorhomes or recreational vehicles um so does it does that so that it

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sounds like it would cover small fleet vehicles like if it's vans and stuff are there any is there

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anything larger than that that's being um uh would be repaired here no we don't repair uh semi trucks

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and big uh large freight uh trucks we the max we go is i think 16 000 pounds which is an f

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yeah we don't do

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trucks big trucks it's it's personal

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actually it's not commercial I understand

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the difference okay all right yeah so

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we'll so if we the board adopts

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we'll we'll add a proviso

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all right questions or comments from the audience

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to the virtual audience

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planning commission

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Amy board for the planning

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commission the comprehensive plan recommends

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a change in zoning at this location

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from the existing light industrial I-1 to medium industrial I-2.

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The appellant has shown that the proposed use would not cause detrimental impacts

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on what would reasonably be expected

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and that they have a previous license for out-of-body repairs.

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The pending commission recommends the board grant the requested variance for vehicle repairs.

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Thank you.

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MI 2024-006-664-2181 Bennett Road.

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I vote yes with proviso. Personal, vehicle, repair, and maintenance only.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Ty Owen, my vote is yes with proviso.

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Ishmael Shahid, my vote is yes with proviso.

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Thank you, counsel.

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Thank you very much, board member.

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Sure. Number 12, MI 2024-006-678-5138, North Broad Street. Jennifer Bizzillo is the attorney.

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There's a letter of support from Oak Lane and Worcester Coalition.

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Jennifer Bizzillo will be coming in as a panel.

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good morning good afternoon counsel could you please state your name and spell for the court

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stenographer sure jennifer basidlow b as in boy a z y d as in dog l as in larry o as in oscar

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do you swear or affirm to tell the truth the whole truth nothing but the truth

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I do.

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Could you identify your client, a relationship to this property?

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Sure.

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My client is 5138 Investments, LLC.

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The representative here today is the sole member, Timothy Miller, and he is now the

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current property owner.

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We had originally submitted with an agreement of sale, but he has since purchased the property.

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Our vice chair has a few questions.

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Good afternoon, counsel.

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Do you agree to either read another refusal or stipulate to its accuracy?

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Yes.

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Have you emailed in all the required documents and exhibit as needed to proceed with this case five days in advance of this hearing?

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Yes.

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Please proceed and share your screen.

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Great.

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Hi.

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So just before I continue, actually, I'll move on here.

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i'll move on here um so just want to run through briefly our exhibits that were submitted

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So just want to run through briefly our exhibits that were submitted.

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um the first being the refusal um and i just want to pause a moment here our initial um application

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was for four units in this property uh however uh after talking with the neighbors and also

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some evaluations of the property of the project itself um we are now knocking that down to two

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units so the rest of the presentation will be based on a duplex use of this property instead

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of the four the four units that were originally applied for here you can see the recorded deed

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that now shows the owner's 5138 investments this was the agreement of sale that was originally

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submitted you can see that the property taxes are paid for this property and we have the letter of

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non-opposition and the community group will come back to that uh zoning map nearby uses we're

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going to come back to all of this um previous use permits for the property um which we'll go over as

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well uh sorry one second um some aerial views of the property our photographs here's our posting

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There are three street frontages, and all three were posted.

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Photos of the property, which we'll also be coming back to.

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Nearby area.

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And then these were the existing floor plans, and these are our proposed floor plans.

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So let me first go to, like I said, with the refusal,

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So there were already conversations with neighbors before the RCO meeting, as well as some evaluations for the property after it was purchased.

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