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Hearing audio

ZBA Hearing - April 15, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 15, 20266h 18m

MI 2025-006-491-216 Durant Street.

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i vote yes michael johns my vote is yes charles gaston my vote is yes

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ryan mcadams my vote is yes tyo and my vote is yes

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it's not a graham my vote is yes

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you have your vote sir okay thank you very much okay

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Number one, right? Number one.

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Council, just for the record, state your name.

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Steve Masters. Right. And you've already been sworn.

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I think I think we know the issue with the where we stand with the RCO.

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So why don't you just start your presentation? Sure.

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And as you know, we're gonna hold a vote on this, Steve. Yes.

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There we go.

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It was hiding from me.

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All right.

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Sure.

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Still morning.

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Good morning.

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It's so good.

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Yes.

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Mr. Chair, members of the board.

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Steve Masters here with Sammy Mustafa, who is the owner of this property.

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Yes.

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this um this property is um one of the unique ones in the city where we have uh we have his

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one of the unique ones in the city where we have we have historic information going back to before the zoning code was implemented in the late 1930s.

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So I'll start. Actually, did you want to ask me questions about about the submissions or anything?

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I don't know not right now I mean okay all right sure okay we're ready to all right Hillary

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the vice chair asked her questions no well I did that because we already talked about the RCO I

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thought we could move okay all right that's fine right so in the in the notice of refusal

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there are notations for two past zoning variances that were granted to this property

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one in 1959 for truck storage, and one in 1981 for storage of trucks and storage of

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building materials.

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But I wanted to just briefly go through the zoning archive to show you how far back this

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use goes in this property.

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So we're going to go to page 24.

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or so this is from the zoning archive and it is um it's part of a application from 1958

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and it states that um the present use was storage of motor vehicles the last previous

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use has been the same since 1930 and it's currently used for the same purpose so storage

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of motor vehicles at this location literally has been the case since before we had a zoning code

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in 1959 we're gonna do 20. the the board granted a a variance for the storage of three trucks

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in page 18

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the application in 1959 stated that the last previous use was storage of 10 to 12 trucks,

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and then they were proposing to store three trucks.

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The last one, we have pages 811.

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The last one, this is the 1981 variance that was granted by the zoning board. The application was

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for storage of three trucks and storage of building materials. And it references the 1959

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variance. And so what I found interesting about this is that there is no distinction in the

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zoning code between three trucks and 11 10 to 12 trucks um and the the analogy that comes to mind

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for me is a u-haul storage facility we have many of those in the city we don't as the zoning as

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the zoning board knows we don't tell the tell you all you can only have four storage units or 25

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storage units or 190 storage units. You have storage units. The use here is storage of

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cars, vehicles, and building supplies. While it's totally true that on some of these variances,

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there was a notation that they were planning to only store a certain number of vehicles

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at the time that they applied it doesn't say up to three units up to three vehicles or up to three

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pieces of of of of equipment for for construction it simply says storage of vehicles and storage of

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building supplies so it's our it's our belief that um if we can show the board that there was

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a continuous use for this for this use we obviously don't need to go back to 1930 we just need to go

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back to um around 1981 when the last uh when when the last uh variance was was issued um then this

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is this is basically the the continuing uh use that that has already been approved if the board

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doesn't find that we've met our burden of showing continuous use then we'll be we will be asking

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for a variance and in this case the the hardship is is um has been a

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The hardship has been established since literally before the zoning code was created.

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In each of the times that this property has come before the zoning board, they have always found hardship and approved the storage of a certain number of vehicles and of building supplies.

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so there's no there's nothing different about 2026 that would change the hardship

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rulings that have been made consistently every single time has come before the board

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let's go and and look at some photos so um

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then i'm gonna return to my client's testimony around the petitions for support and and and

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of what's happening on his property.

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All right, like I said, it's a very long archives for zoning.

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Okay, we, one of the reasons that this case was delayed

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was that we asked for leave to go back to LNI

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because we thought that LNI could verify for us

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that it was a continuous use

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and then there would be no need for a variance.

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we would be able to just operate continuously using the the variance from 1981 so in February

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of 2024 the board allowed us to go back I included in our exhibits the correspondence between

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our firm and Elizabeth Baldwin several times her basic decision was that she felt that

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Ellen I was not in a position to ascertain whether or not there was continuous use, and therefore she said to go to the zoning board and the wisdom of the zoning board will will will make will will decide the the outcome of it.

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So that's why we are back here, and that's why we didn't notify the the community early on, because we thought that that would be very confusing to tell them that we have an appeal to the zoning board.

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but we believe that we um are doing something that is already approved of by by the city um and and

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we thought that that that was it would be better to hold off and then to only approach the community

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when when now we we realize that we needed uh to to continue to go before the board uh

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so in exhibit four it's our affidavit of continuous use this is a form that is submitted to ellen i

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when a property owner wants to verify

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that a use that was approved is continuing.

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So Mr. Mustafa made this affidavit of continuous use

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back in 2024.

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We also then received affidavits from four individuals

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who have longer history of living

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at very close to the property.

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So Mr. Troy Scott moved to 7129 Yoakum in the 2021-2020 era.

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He testifies in his affidavit that he saw cars and trucks parked there on a daily basis for three to four years.

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There were lots of different ones, cars, trucks, vans, always cars, always trucks there.

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And he also saw the church, which is next door.

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We'll see the photo in a moment.

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use the the property also to to park their vehicles as well um mr or ms nana adu uh

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provided a an affidavit um they lived in um 7123 yokum um between 1996 and 2009 uh and

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mr masters i'm sorry to interrupt i just wanted to to clarify on on the record that this this is

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of variance matter you are not you are not appealing l and i's determination that the

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variance has expired are you because that's an appeal against l and i that's different we are

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not no okay so this i just want to be clear for the record and for the board that we're considering

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whether to grant variance relief in this case but this is the context that this use has i understand

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and this yeah no and this goes towards yes i understand this goes towards your argument but

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i just wanted to be make it clear on the record that's what we're doing thank you for the wisdom

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yes

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all right um so uh uh nana adu states that as a matter of fact i can't remember any time when

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there weren't large trucks parked at that property uh the next the next um affidavit comes from

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uh rashin jones who um testifies that they currently reside at 2114 south 72nd street

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They've seen cars and trucks on the property for 10 years on a daily basis.

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They've seen cars and trucks on the property for 10 years on a daily basis.

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And then the last affidavit is from Eugene Jones, currently resides in Sharon Hill,

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but also has resided at 2114, 2114 South 72nd Street.

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Mr. Jones has seen cars and trucks on the property for 10 plus years and corroborates

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the other testimony.

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why don't we do our presentation then yes okay basically everything you said ellen i did not

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accept no they don't deny at all they they they basically um they basically said we're not going

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to don't even so they yeah they gave it to you they they sent it back to you they said um they

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said they said we we they they declined to get into some kind of a process yeah um when we look

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at the city's cyclone cyclone media photos this is from 2019 the property that we're

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talking about is here it it is it is a unimproved except that it does have some asphalt on on

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the on the surface lot to the left here is the church to the right is a is a single family

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building. And right here in 2019, this is well before our client bought the property. This is

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a trailer that belongs to the church. And it shows that the church was using the property

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for storage of vehicles at that time. And this photo is from 2010. It's an aerial photo showing

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three vehicles that were being stored in the property in 2010. The next photo is from 2018.

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This shows seven vehicles being stored. This is also before Mr. Mustafa bought the property

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sheriff's sale then in 2025 you see uh two six twenty twenty five yes and he's got all those

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cars are his actually he will be he'll be explaining this but he he leases this area

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and so there's a there's a there's an individual who parks cars there and then brings them to his

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auto body repair place and so this is this is a total storage of vehicles but these are not

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they don't belong to mr mustafa they belong to uh to a tenant of his uh here's a here's a photo

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showing uh this is the view from uh yokum street into the property um and the the church is here

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on the left and the single family houses on the right this is um stepped stepping into the street

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uh this this is the um the security fences um and also shows will show a larger photo of the of the

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zoning poster this is another view of the zoning poster and this shows the the vicinity of the

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church wall and here we have a side view of this is the property and then this is the church and

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it goes down down the the the block here is our zoning poster for today's hearing

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we also have a tax clearance for azab llc that is the um the owner of the property and

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Mr. Mustafa is the sole member of the LLC.

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This is the deed.

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It's sheriff's deed, and it is dated...

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8-4-2021.

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The application for PO and the project information form were completed by a expediter early on

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in the process. Exhibit 11 is our mailing that we made to all of the community groups

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and to the near neighbors. We stated that their RCO had not yet set a date.

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to the near neighbors uh we stated that their rco had not yet set a date um but we provided

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all the information for today's hearing to all the neighbors as well

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and this is our certificate of mailing of 72 pieces

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so now i'm going to um turn it over to uh

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yes but he's also going to explain some things too sir could you please state your

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name is spelled for the stenographer sammy mustafa spelled please s-a-m-y mustafa m-o-s-t-a-f-a do you

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swear or affirm to tell the truth the whole truth nothing but the truth i do counsel um mr mustafa

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i'm gonna first um ask you about these petitions that we have on the on the screen now um that i

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you you did fairly recently yes i did it yes i'm being in the area and i spoke with the neighbors

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okay what i'm doing when i get this property it was in bad shape i clean it and i cut the tree

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i make it secure i bought fence when i when i went to this property in the beginning

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it was card there so i'm asking to continue to use it as a way it is more than that

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that it's more secure it's no noise the way i look it's much much better than before

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no impact no commercial activity in the law just storage so this more

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helpful for the neighborhood i spoke to most of the neighborhood nobody

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have any issue with that no impact in the neighborhood because it's just storage

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uh no noise you know garbage nothing so mr mustafa we're looking at these um signatures

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um and it looks like the first one was from tiffany kennedy tiffany is the one across from

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the lot she said she has no issue with that the second one in the other side that's eugene um

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mares? It's on the other side. Oh no, Haja Romard? Yes. Okay. She says she has no issue. She's new

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in the area. She say it's okay. Okay. No complaint, nothing. Eugene mares? All the same. Even some

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neighbor, I couldn't meet them, but I spoke to them before. They don't care because I'm doing

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something good to the ability to the neighbors the 7211 location is that um bastion jones the

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corner the second the other corner okay in the right corner okay um and we're gonna request

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because we're gonna go before the the um rco we would like to be able to collect some more

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signatures and and we it's okay to keep the record open for that um we had a form but it somehow

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didn't get to the get to the the time that where the signatures were made um mr mustafa there you

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heard earlier um that there were a bunch of negative um things that were said about your

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business um at the at the beginning of the of this um hearing i saw uh mr greg he was saying

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that it's a junkyard no there's no work there is no activity just storage beautiful cars

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there's no mechanics there's no mechanic no communication with the public or anything

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but just so i understand right because you said this earlier he has nothing to do with the cars

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other and he rents them their property but the arms on them tens of property no he owns the

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property and then he rents it to someone to store the cars there right he's storing the cars but he

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might be in the future storing the cars all right all right yeah okay all right so i mean he's at

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this point he wants it to be legalized yeah i got it yeah um the the gentleman who who does um own

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cars that are stored there now his his place of work is 6210 glenmore avenue so it's a few

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blocks away and that's where he operates an auto repair shop i believe or or a or a body shop i'm

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not sure what it is but it's auto repair okay um okay talk to us about the church next door

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and and what your conversations have been with the church about this i met the the guy he owns

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the church or his father on the church and he has no complaint he tell me he everybody in the church

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he come in the neighborhood he come here and i will look to all the the signature with no issue

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here and i would look to all the the signature was no issue but yesterday i was looking for him

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and i think i couldn't reach okay so i did this myself in one day i spoke to everybody in the

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neighborhood all right almost everybody all right do you do you know um can you confirm whether the

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church was using your property before you bought it to store things yes their car is used to be in

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my lot i saw and i have pictures do they ever ask you if they can if they can put cars in the lot

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these days or or or no they want to do it but i have to do my phone is they want to keep the car

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there but i say i have to clean it first because there was three there always laura trash then i

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clean it all right so the last thing i want to ask you about is um is the difference between

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three cars which um some of the times where the where this property has gone before the zoning

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board in the past there have been requests for for storing three cars or three vehicles or three

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trucks and we know there was one time back in the 30s and and maybe the 40s where it was 10 to 12

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trucks and and or vehicles why why do you want more than three uh the ability to have more than

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three vehicles stored um at this property just to make it legalize the the thing you know like i

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want to be obeying right right but but i'm saying the number um why why is the why why is it important

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