civus
Hearing video

ZBA Hearing - December 8, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 8, 20205h 47m

Yes, I am. I'm on a laptop.

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Okay, so on the bottom, you should see something in green called share screen.

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if you press on that, and then go to your actual documents that you want us to view,

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click on those, it should come up on our screens. So it should be on my screen?

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I mean, there's all these boxes and I have them already up like in like Windows Explorer. I just

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don't see that here. Right, so you have them up on your computer, right? Yes. So in order for us to

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see them at the bottom of this here zoom presentation you should see a button that

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says share screen i did that and a window opened up okay and then click on the actual documents

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that you want us to view there we go you see that okay so this was the email i sent to you guys this

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is all the documents so here is the plot plan i believe yes so let me make that smaller so the

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property is 301 St. Vincent. So Mr. Thietry? Yes. I'm sorry it's me again. So we only see the email.

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We need for you to open up the documents within the screen so we can see it. I did. Let's try

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I did. Let's try that again.

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that again. Do you see it but do you which which screen?

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Do you see, but do you, which screen has the red box around it? Do you see a red box around your screen? That's the one that we will be able to view. So right now, it's only the email.

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So do you have these documents already open? Because that would be best.

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I do.

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so unshare your screen hit the green button again and then when you hit the green button

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to share your screen only click on the documents not the email so this that still didn't work

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so let's get all righty we see your exhibit okay you see that yes we see that okay so the property

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is 301 St. Vincent. It is the building kind of like in a center there outline with a bunch of

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chairs and seats. We've had this property vacant for a while. We've had a few churches and community

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centers interested. A church has applied and the gentleman Carlos Banabi will speak, I guess,

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after I'm done presenting what he would like to put in there. We proposed that we were going to

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install off-street parking. So at the bottom of the property where you see the two handicaps,

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followed by regular parking on the right

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and additional parking on the side down here.

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Crispy fried chicken.

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Plus they can park down the driveway also.

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Let me see if I can show you pictures of the property.

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This is an aerial view of the property.

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Are you able to see that?

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Did that come up?

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Yes.

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Okay.

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Good, this is working.

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St. Vincent Street is a two-way street

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and it ends at Shelbourne where it's one way you can only go left. This is an overview of the

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property. We had a meeting with the RCO and the RCO gave us their support. Some of the neighbors

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were concerned maybe about street parking and noise and we agreed to make sure that there was

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enough off-street parking at the bottom of the property. Along this wall where you see that

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backhoe park, that's a supermarket. So there would be all the parking would be along the back of this

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wall here and where you see these white trucks parked on the side that will be designated

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specifically for it for the street property um this is all like below level down here where the

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parking is it's not street level and when i show you like a front picture of the property you'll

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be able to see that uh let's see if i have that here so here's a picture of the property from

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down the driveway. Like I said, it's below the street. Where I'm standing is actually

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where some of the parking would be. So if we scroll down, this is a picture of the back

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of the building. There are to the left some row homes and to the right of the picture.

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Those are mostly twins. Where those trucks are parked along the fence line, and there's

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a railroad track back there behind that tree line. Those are railroads. Where those trucks

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are is where parking will be assigned for the church inside is basically a couple offices in

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the front and restrooms and then in the back is strictly just an open warehouse space where

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the church is looking to have their gatherings and this is what the street looks like out the

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front door. This is St. Vincent. It's a two-way street. This is looking up Shelbourne. It's a

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one-way street. That's us having the sign on the door. This is where the cars are parked there.

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That's where I was talking. Behind the supermarket is going to be designated strictly for the church.

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That's another unit on the property that's currently rented by Gene's Hospital. I mean,

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any parking except one spot and again that's the aerial view let me go up to the front picture of

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the street level uh i think i skipped that where it was opened on another page let's see this is

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so that's the street level um there's a front entrance for the offices and a double entrance

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there for the warehouse portion so basically we're just looking for a variance for a uh

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for a church to rent the place.

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And if Carlos can raise his hand,

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he can tell you about what he would like.

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Oh, there's going to be no construction.

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There's no renovations.

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He's taken it as is,

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utilizing the space as it currently is.

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So Carlos, if you want to raise your hand,

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you can tell them about what you would like to do

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at the property.

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Mr. Benavine has been unmuted.

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can you hear me yes yes sir please identify yourself for the right

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Can you hear me?

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Yes.

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Yes, sir.

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Please identify yourself for the record.

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Okay.

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My name, first name is Carlos.

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Last name is Benabe, B-E-N-A-B-E.

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We're going to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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Yes, sir.

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And if you can give us a summary of what it is you're doing, we would appreciate that.

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Okay.

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So our religious services actually will be on a Sunday's CDA ministry.

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That's the name of the church, actually, has been in ministry for 15 years.

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We work with the community.

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We have different programs for the community, like for children and youth.

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Of course, the main service, which is Sunday, and then the next two days of the week, one

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for the children and youth ministry and the other for family gathering.

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um again we we come out with a big plan to work with the community we come out with ideas

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um uh as as we always has in the past we are not a new church or a new uh religion uh organization

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we've been as a religion organization for 15 years um we just moved to this community but um

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we've been in, you know, active as a religion organization.

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Thank you. Any questions from the board? No. No. Anyone else would like to testify in this case?

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If so, please raise your hand. Here we have Hillary Emerson. She's been unmuted.

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it. Thank you. Good evening, Ms. Emerson. Good evening, Mr. Chair, members of the board.

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Hillary Emerson, E-M-E-R-S-O-N, on behalf of Councilwoman Sherelle Parker. Do you swear

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and affirm to tell the truth, the whole truth, nothing but the truth? I do. Thank you. Please

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proceed. Yes, the councilman is not opposed to the request in this case for the use as religious

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assembly for the building on this property. This is kind of some odd industrial buildings

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in the middle of a residential block, and they've had commercial or industrial uses in their history.

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We believe the church impact will be relatively low impact as long as the church is mindful of

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community impacts such as parking and noise and hours of operation, which I believe the RCO also

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noted in their letter. We did attend the site visit, but we're not able to attend the RCO meeting,

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but we have not received any other feedback from the community aside from the letter from the RCO.

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We do support the RCO's request for a temporary variance, and we would ask that a certificate of occupancy be required because as best as we can tell in consulting with L&I, this would be a different occupancy classification, so a CO would be required.

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thank you do you uh miss miss emerson did you happen to know what the uh and this may already

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been spoken to i'm not sure what the terms of the temporary temporary uses um you mean the with the

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lease the terms of the lease no no it is is this a purchase or is it a lease this is a lease i'm

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sorry it's my understanding that this is this is a lease so there was a request for um by the rco

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for temporary because this is a new use at um this this uh structure um and we would support

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that request for a temporary variance do we know what excuse me this is sharon saletta just to be

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clear the um applicant who is before you is the property owner the um the the occupant the lessee

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will be um that they'll be responsible for the use and as far as um a certificate of occupancy

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um miss emerson i believe in this case it will be required in any case because it is a change

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of use and it is not residential okay so do we know the terms of the lease am i still unmuted

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yeah as it relates to the length of the lease am i still unmuted

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no you're not we can hear you okay um the the church signed a two-year lease with mrs detry

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um effectively it was october for a two-year lease and the rco did recommend a one-year

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temporary variance um to just make sure everybody gets along in the neighborhood and everybody's

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okay i'm not really sure what that means a temporary variance do we have to come back a

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a year from now and do this all over again?

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and do this all over again or how does that work uh yes

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Or how does that work?

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Yes.

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uh so basically a year from now we we would come back and ask for another variance but

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permanent because um there's no complaints i guess i don't know yeah more or less that's that's

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that's part of it yes okay all right does that work so i guess i guess i'll adjust yes i mean

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that'll work for us i'll just his two-year lease to say one year based on the renewal of the

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variance after the first year when does the when did the lease when does the lease go into effect

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well he signed it october to reserve the property i mean he actually signed in the beginning of the

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year but i couldn't charge him because of covid and he right so so it'll begin this october this

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past october to begin yes so we'll give you actually we'll start it in january for a year

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So it will be this January to the end of December of 2021.

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That will give you a couple extra months, okay?

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All right.

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Any other questions?

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No.

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Anyone else would like to testify in this case?

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There's no hands raised as of now, Chair.

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Thank you.

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Planning Commission?

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Good evening.

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Ariel DiLiberto with the City Planning Commission.

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this property is owned for residential single family it is recommended for commercial mixed

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use in the comprehensive plan we believe the applicant has demonstrated this use will not

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cause detriment beyond what would normally be expected from this use accordingly we do not

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oppose the granting of the variance thank you mi 2020-000977 301 st vincent street my vote is yes

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with the proviso. Temporary variance to expire December 31, 2021. And the CO, Hillary, as

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Sharon described, will be taken care of by all night. My vote is no.

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Yes, with proviso. Yes, with proviso.

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so. Okay. MI 2020-001823 4501 Woodhaven Road. Good afternoon. Good afternoon, Mr. Bertel.

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please identify yourself with a record

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spell your last name

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Steve Bertil

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B-E-R-T-I-L

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Claire Harrison Harvey and Bransburg

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1835

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Market Street

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14 Philadelphia PA

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19103

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and do you swear and affirm

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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

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sir please proceed

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Bertil you agree to waive the reading of its refusal

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and stipulate to its accuracy?

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I do.

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Also, have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance,

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copy of the refusal or referral photos and plans five days prior to this hearing?

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Yes to all of the above,

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except that our exhibit packet did not include any letter.

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Oh, did you ask that?

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Not yet.

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Have you met with Garcia and have a letter?

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Yes to the meeting with the RCO and the community group as a whole and no to the letter being included in the exhibit packet because the meeting didn't take place until last night.

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I do believe that they sent something to a councilman's office, and I believe the representative

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Alice may have sent it over to the VBA, but I'm not 100% sure.

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No problem.

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Please proceed.

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Okay.

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So let me just clear my screen here.

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Okay.

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Okay, so as I stated before, my name is Steve Bertil. I'm here representing the owners of 4501 Woodhaven Avenue. As you can see here, the property is zoned as CA1, commercial auto-oriented.

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We are actually here for a specific unit. This property itself has been divvied up into

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individual units and we're here for unit four specifically, which I will outline in a second.

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We're here requesting for a special exception approval for the ability to bring on in part

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for the ability to bring on and park 10 food trucks onto the specific unit in question

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10

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during lunchtime hours for use as a takeout restaurant. Before I get into the specific unit,

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I want to just give a brief background on the history of this property as it relates to the

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the applicants. The applicants acquired this property in 2018 at that time, and this is the

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entire 4501 Woodhaven, and then the area in question is here. Again, I'll designate that

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more specifically in a second. Upon acquisition of the property in 2018, the main structure of

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the property was fairly dilapidated, trash here, high vacancy, graffiti, no real upkeep.

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