Harrisburg City Zoning Hearing Board Meeting - 09/15/25

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Thank you mr. Chairman Thips

My name's Mike play gosh. I am the solicitor for the zoning hearing board for the city of Harrisburg

We have two items on the agenda this evening.

I just want to make everybody aware that I'm going to introduce and we're going to take some sworn testimony today.

So, and we have a court reporter.

So I want to make sure that everybody knows that we don't want to talk over one another.

We want to make sure that the court reporter has the opportunity to take an accurate record of everything that said at this evening's meeting.

Case, there's an appeal.

I'm going to introduce now the parties to this matter.

First, we have Jeffrey Knight from the city of Harrisburg.

And Jeffrey.

And the first item we have this evening is.

Yeah, Ms Cameron from the city of Harrisburg solicers office.

The first item we have is 2613.

This is a special exception for the application for a 667 school district.

This is an application filed by Craig Dunkel with 2463 Jefferson Street LLC to establish a use not specifically prohibited by the zoning code.

I guess Mr. Hume, you're here for your clients.

Yes, I have.

So you want to introduce yourself and your client?

Absolutely.

My name is Eric Hume.

I'm an attorney with the law firm of Saxon and Stump.

I'm joined tonight by Mr. Dunkel.

He is one of the principals of 2463 Jefferson Street LLC, which is the owner of the property in question.

Mr. Cameron is going to be testifying this evening.

Mr. Dunkel.

Yes, he will.

Okay.

Mr. Dunkel, could you raise your right hand?

Do you swear or firm that the testimony you're about to give before this board is truth and nothing but the truth?

Okay.

And Mr. Knight, we'll swear you in.

And we'll swear you in for this hearing and the subsequent hearing also.

Do you swear or firm that the testimony you're about to give before this board is truth and nothing but the truth?

I do.

Okay.

And then we did receive a letter from Attorney Dixon.

You're here.

Are you representing a party opposed to this matter?

Yes, I'm representing Jane Robinson.

Okay.

Mr. Is there anybody else here that is an opposition to or would like to?

Or would like to participate in this proceeding?

Five lovely ladies participate.

Okay.

So I just want to explain how you could participate in this meeting.

You could participate either by being a party to this action.

And if you're going to be a party to this action, you'll have to be qualified to be a party.

If you're a party to the action, you would be able to cross examine each witness as they are testified.

And you're going to be able to present your own evidence also.

The other way to participate would be at the end of the proceedings before the board makes a decision.

And if you want to make a statement either pro or for against the application and tell us why.

Okay.

So if you want to qualify for as a party, that would usually depend on how close your proximity to the.

Okay. So let's go through.

We're going to go through individual by individual.

If you want to come up to the mic up here.

Yeah.

No, you're going to, yeah, come up to the mic.

Okay.

Do you.

Okay.

Could you tell us your name?

My name is as my ordinary.

I live a 672 school district.

Okay. Can you spell your last name for the record?

Nizario. That's N-A-Z-A-R-I-O.

Okay. And your address again was 672 school district.

Mr. Hume, do you have any objection to this participating being a party to the action?

No objection.

Okay.

Okay. Thank you.

So you'll be qualified as a party in this action.

Can we next, somebody else want to be up?

My name is Maddie Beasley.

I live at 676 school district.

676 school.

School killed.

Okay.

Beasley.

Beasley.

Be-E-A-S-L-E-Y.

Okay.

And then Mr. Hume, any objection to this Beasley being a party to this matter?

No objection.

Yes, ma'am.

My name is Sherry Speaks.

I live at 684 school kill street.

Can you spell your last name please?

S-P-E-A-K-S.

Okay. Any objection for you?

No objection.

Okay.

My name is Brenda Irvin.

And I live at 674 school kill street.

Mr. Hume, any objection?

No, sir.

Okay.

My name is Noemie Nasario.

And I live at 684 school kill street.

Could you spell your last name?

N-A-Z-Z-A-R-I-O.

And you said Noemie.

Noemie.

N-U-E-M-I.

And tell me your address again.

684 school.

Mr. Hume, any objection?

Okay.

And then Mr. Dixon, your client is...

My name is James Roberts.

Okay.

I live at 2640 North Fish Street.

I own the homes on a school kill street.

Mr. Hume, any objection?

No objection.

Okay.

So what will happen is we move through this proceeding

after Mr. Dunkel testifies

and each one of you will have an opportunity to ask questions

as we go proceed through this matter.

Okay.

All right.

So I'm going to mark some exhibits that we've already received

of record just to speed things up.

I've marked as exhibit B1 proof of publication

and the time and place in particular nature of this matter

was advertised in a Patriot News,

which is a newspaper general circulation.

It appeared on the August 31st, 2025, in September 7th, 2025,

publication of the Patriot News.

Exhibit B2 is the letter dated September 11th, 2025,

which was sent by the Planning Director, Mr. Knight,

to the applicant, notifying the applicant of the time

and place of the hearing.

Exhibit B3 is a hearing notice posted on the property

in question, which occurred on August 22nd, 2025.

Board exhibit number four are the notification letters

to the required neighbors and certificate of mailings.

Exhibit number five is the application package

with photos of the interior and exterior of the property,

plans for the proposal and a petition of community support

for the proposal.

Board exhibit number six is the deed establishing

applicant's standing to pursue relief in this matter.

Board exhibit number seven is a letter of a nearby landlord

and a tenant of a nearby property through council

in opposition to this application.

And that was the letter that was provided by Mr. Dixon,

which we have as marked as exhibit B7.

Exhibit B8 was the Planning Bureau case report

and exhibit B9 is a City of Harrisburg Planning Commission resolution.

So we have exhibits B1 through B9.

With that, Mr. Knight, do you want to just give us a brief summary

of the application and will Mr. Hume proceed from there?

Sure.

So the proposal for case number 2613 involves the establishment of a,

I guess the best way to put it would be a truck washing station

associated with a halal meat processing business.

The applicants raise chickens in western Pennsylvania

for their testimony at the Planning Commission meeting

and are delivering them to a plant, I believe in New Jersey,

on a fairly regular basis.

And in doing so, they stop in Harrisburg to wash the truck

between trips as is required by the halal processing regulations.

And so when they first reached out, you know,

it was kind of hard to categorize exactly what this type of use would be.

Is it part of a meat processing? Is it a car wash?

You know, and ultimately I think in coordination with the applicants,

we decided that this probably best fell under a use not specifically prohibited

because it kind of fell, I think, between some different uses.

And so with that being said, they were required to file a special exception application

for the proposed use.

As outlined in the Planning Commission,

or sorry, Planning Bureau report and the testimony

of the Planning Commission meeting, the applicants will not actually have

any live animals on site.

I believe they'll be returning after the delivery of the chickens,

so on their way back to the western PA.

And so what this property will be used as is to wash down the trucks

and, again, in coordination with the halal processing regulations

with food safe types of cleaning treatments and methods.

The applicants have stated that they've gotten approval

from the Department of Agriculture.

However, we want to make sure that they're coordinating with all

the necessary agencies that may have some oversight to this,

so that shows up in one of the conditions of approval

that was recommended by the Planning Bureau and adopted by the Planning Commission

and their resolution.

And that resolution included the resolution recommended,

the Zoning Head would approve the request with the following conditions.

The applicant must secure necessary approvals from the city's health inspector,

as well as any necessary approvals from the PA Department of Health

and Department of Agriculture.

The applicant must also coordinate with the Capital Region Water

to ascertain the most appropriate methods of collecting and treating water

used on site.

As noted, I believe they've gotten approval from the Department of Agriculture,

but I'm not sure what city-specific regulations we may have,

which is why we included the city health inspector.

And then in relation to the CRW portion of that,

we just want to make sure that any water is caught and appropriately treated

before being sent back into the storm sewer system.

And I can confirm that I've received calls from CRW about this,

so the applicants have begun their coordination with that agency.

The condition number two is all operations associated with the business must occur indoors,

about to clean or other licenses, or other operations not including the current proposal

or observed, the Mercantile License will be revoked.

The number three was the applicant must install an ADA-compliant sidewalk

and drive away curb cut along the school-kill street frontage of the property.

And during the Planning Commission testimony,

we had some discussion about whether that condition could be deferred

to such time in the future as when the adjacent property to the west specifically will be developed.

I did have a phone call with the city engineer who confirmed

that it was appropriate to have it installed now when there's a new use occupying this property

and that future developers on either side of the property could then connect to what the applicants create.

So the requirement for a sidewalk is a requirement of all property owners.

It's not necessarily specific to this use or to the zoning relief process,

but we felt it necessary to include in there, while the cases before the zoning here were in the Planning Commission.

And finally, the fourth condition was that if the applicant intends on utilizing the enclosed side yard area,

such for parking, they must provide a detailed site plan of such development and address violations

such as the lack of landscape screening and the presence of barbed wire.

At the Planning Commission, they testified that they did not have any intention to use this,

except for maybe occasional pulling vehicles in there while they're moving trucks in and out

of the building itself.

But we do not think that would elevate to a formal parking area that would require development.

And again, if that changes, we would expect that the applicants would bring a site plan to the Planning Bureau for review.

The Planning Commission recommended the zoning here in order to prove the request for the following reasons.

Property is located in a mixed-use corridor with nearby commercial, industrial, institutional, and residential uses,

and thus the proposed use would not have an adverse impact on the neighborhood.

As outlined in the case report, while there may be some concerns about animal waste odors or noise

from the operations associated with the business, which was written prior to the Planning Commission meeting,

none appear to be more substantive than would occupy other by-right uses in the INS district,

and most issues could be satisfactorily addressed through onsite measures or operational safeguards.

And finally, the property is limited utility featuring only a simple industrial building

and it enclosed overbound lot with no other improvements.

As such, the property appears designed more to accommodate uses similar to that proposed by the applicant,

unless to accommodate uses permitted by-right in the INS district.

Okay.

Thank you, Mr. Knight.

Mr. Hume, do you want to proceed with your case?

Yes, thank you, Mr. Pagache, and members of the board.

Again, my name's Eric Hume. I'm with Sachs and Stomp.

And I'm here again before you tonight with Craig Tonkel concerning this property.

As Mr. Knight mentioned, this property is an institutional district.

It's that portion of the institutional district is a bit of an island.

I think if you look at the zoning map, immediately to the north, you have residential,

immediately to the south and to the east, you have industrial.

In this site kind of reflects that industrial nature of the area,

because if you look at building on our block, all the buildings there are for the most part

are this industrial looking concrete structures.

So what we're looking, we're asking for approval to do tonight,

is to have this as a facility for the washing trucks and cages associated with a whole lot of chicken operation.

I think it's important to note that this is only for going to be for one entity.

This is not going to be a business that's open to the public.

It would not be a business that anyone from the part going to the farm show, for example,

and just bring their vehicle there and get it washed.

This would just be for a single operator related to their operation.

The trucks will enter the property, they'll go indoors, the truck and the cages will be washed and then they'll depart.

As Mr. Knight indicated, there was some discussion about this, and ultimately he determined that this is not a use that falls under

and he used to find another zoning ordinance.

As a result, that's why we're here tonight.

There's zoning ordinance provides that we can seek special exception approval for a use that's not otherwise prohibited.

I know Mr. Piacosch will explain the law to you, but one thing I'll note is that this is a special exception.

This is something that is generally permitted under the ordinance, as long as we meet the objective criteria,

which I believe through our application and through Mr. Tonkel's testimony, we will.

At that point, then, it's up to any objectors to prove by substantial evidence that this use would be harmful above and beyond.

This use, that would typically be seen with a use like this.

So with that, what I'd like to do is have Mr. Tonkel testify at this time.

Mr. Tonkel, please state your name and address for the record please.

Craig Dunkel, 1370.

And what's your connection to the property?

And that's 2463 Jefferson Street.

Would you be the operator on this property?

So you would have, you'd be leasing this property.

I'm going to show you. This is my only exhibit for the night besides our application.

I believe, how would you like to have this park Mr. Piacosch?

A1? A1, yeah.

A1, okay.

Thanks.

Okay.

Thank you.

Mr. Tonkel, I have to agenda to you what's been marked as an applicant exhibit one. Can you identify that?

Yes, this would be an aerial of the property with the huge red zone over something.

So when you say aerial, is that also including the surrounding area?

And can you describe the block the properties on?

Yes.

Right there in the corner there is 2438 from my transgoing at the property was used for quilting.

And the block was used for the night.

Utility shed that's stored so out of the chair as well as the time there'd be a property process street.

The park went to the south and it was related to the public property building and the public office on our block.

The basic property next to it is 657.

I would call it a lot connected to the warehouses at 24 or at 4.63 per cent.

And 55 that's been on here.

Whether it's the body, the property and the mixed youth, there's some apartments on the corner of Jefferson.

And if you could kill directly to the south of that is a single family domicile at 4.45.

And as the access to the block, do you provide the property?

And looking at that block, are there any sidewalks on that block?

I'm just going to be clear that along the long seven street.

Okay but there's on the block that the property is located on.

There's no sidewalk at all.

Is that correct?

Along the long, just a little bit of alcohol?

How about a long Oxford street?

Or Jefferson?

That's it.

Do you own any other land on this block?

Did Tuskegee roughly describe the board which other properties you own?

We own the corner of school, in Jefferson, 24.63 and then 60.63.

So just to be clear, you own from this property all the way to Jefferson?

Looking at the broader area, can you describe the area to the north of this block?

I would say that the area is a set of m-way patch to be patched.

How about to the east?

To the east would be a office building, or what?

How about to the south?

That would be a private office building.

I'd both go up there to try to put it up.

To the west?

To the west.

It's broken up into the north west, I would say, continuation of the road.

The block, correctly, west would be what I believe to be and you are going in, but it's

currently being utilized as a high-linked site for the road to construction.

So based on the variety of uses that you've just gone through, the safety say this is a mixed use area.

I'm now going to turn to what Mr. Pai cautioned and a fine as applicant, or excuse me, as exhibit P5,

which is the application package.

I did not bring copies with me and any additional copies, but I believe the board does have them,

and I wanted to refer to the photo sections of that exhibit.

And I'm going to have you turn to the second photo in that packet if you could just identify that.

There would be a photo of the building and the fence lot.

Can you just describe the building?

The building is approximately 300 to 4000 feet block building,

and I'm going to have you turn to the second photo section of the building.

I'm going to have you turn to the second photo section of the building.

Let's start with the portion of the building facing Scoople Street.

What points of access to the building are there?

Are there any pedestrian doors on that side of the building?

You mentioned that there are some driveways.

I believe you had indicated in the application there's approximately 8 to 10 parking spaces in the front of the building.

And in terms of the fence in area that you just mentioned, are you proposing to use that at all as part of this application?

I'm going to have you go to the next photo, and again, if you could just identify that.

That is the front of the building. There's a dumpster that came with the building.

That's a drop of trash.

I'll send it to take it out, but I know we'll take responsibility of that.

You can have the front side of the building, you have the two world doors, and you have a.

I have you turn to the next photo and can you identify this one?

That would be a photo showing the front right hand side, the rather entrance bay, and the gate for the entrance to the fence.

I'm going to turn to the next photo if you could identify that.

That would be an interior photo of looking at the building the right hand side, or the standing looking out towards the.

In the left hand side, that would be the garage entrance door and the back door.

It was a small office door.

As I'm looking at that photo, Mr. Dunkel, do you know what that item is on the floor and the lower left?

Yeah, there are two floor drains, I believe, and I'm going to get to the next photo.

Let me just pull this up for the board so you can see what you're talking about.

You can identify this photo please.

That would be the same side of the building which shows the two man doors, which were the fence parking area as well as the side.

I'm showing you the next photo.

I'm assuming that if you just identify that for the board.

Yeah, I would say that's a very rudimentary garage style that.

And the next photo.

The next photo would be looking at the building the left hand side, but inside the building.

To the full street there right inside the building.

You can see the picture of the industrial file windows which are closed.

There actually is an interior wall of door.

You see above it the lights, the industrial heating system, additional floor drains, and then the entrance door to the bathroom.

And finally I'm going to show you the last photo that was attached to the application.

If you could identify that place, that would be a photo of the wall office space that was built inside of the building which was the entrance.

Do you know when this building was constructed?

I believe this was built in the 12 or 15 years.

And do you know what the original use of the building was?

Which all use of the building was a lot of body garage.

And do you know how long that you secured on the property?

I think that has occurred for several years.

At some point it was then occupied by subsequent auto buy shops after that.

So let's talk a little bit about the proposed use of the property.

Can you describe to the board what is being proposed to be done in this building?

What is being proposed to be done is again, we do a single tenant.

We plan to occupy the building.

They have a small, they generally call it a person who is a large size operator but a small fleet of box trucks.

I believe it is generally three to four trucks.

They are not overly large.

I would say similar to a small van, a person.

And they are outfitted with the documents.

And as I described earlier, the tenant has a farm that they have to fill up with.

The ship is buried and they have locations that they use for the processing off site.

The work was the product that they use for the use of the facility.

The vehicles were leaving the facilities inside of Pennsylvania and other states were traveling.

They were assuming it was a local travel vehicle.

They would pick up the chickens and take them to the processing center.

On the way back, we would be considered a good way point.

They have to deliver the chickens in a fashion that is clean.

We would be considered a commercial kitchen that has a water bathed washer.

The large in that the cages would be unloaded off the trucks.

They would be put onto the air belt system and wash them.

And then there was a necessity to wash down the interior.

They would be closed.

They would have the process of washing down the cages.

They would pick up the chickens and take them to the processing center.

They would be cleaned and go to the processing facility.

I would say that this wouldn't be a daily operation.

Perhaps three to four days a week.

Let's get a little more detail on the idea of the discuss.

The primary activity in the cages will be washing the cages.

I think you're with your dishwasher system.

The floater set up, like we have the right hand side, cleaning the farewell side and the other side.

This dishwasher in apparatus that would be cleaning the cages, is that self-contained?

It's not going to be spraying water everywhere.

You would expect it any restaurant.

Self-contained washes it.

And then you would reference that there may be some occasions where they need to clean the trucks themselves.

Yes, I would say that.

The machinery of tools, and the partial washing system, the wash down, the vehicles, the wash up and process.

I've learned, speaking with this tenant, is a extremely clean, clean, clean, and quiet.

It's going to be clean, run it through, and it's dried.

And then it needs a location and the environment to process.

And all these cleaning operations would occur while the garage doors are down.

And do you know what kind of cleaners they'll be using?

We'd save the chargents and cleaners used at all styles.

And talking about the trucks, will any tractor trailers be coming to the site?

So these would just be box trucks.

And they are trucks that can fit inside the building.

And you had indicated this tenant has a fleet of three or four trucks.

And how many times per week do you expect a truck to come to the property?

It all depends.

It's once a week by so many things that it was not going to be a good operation.

And just to be clear, are any live chickens ever going to be entering the property?

Are any chickens going to be processed in the property?

Will any employees be based there permanently?

So when will employees be there?

Okay.

So only when the trucks are there will an employee be there.

Will this use be generating any pedestrian traffic?

As part of this use, will any exterior work be done to the property?

Yes, we are responsible for maintaining the property and maintenance.

I would hope that the property will be done.

And the property.

And what interior work do you anticipate they would have to do?

I would just say the assemblage of equipment inside the building.

And will your tenant be taking measures to limit odors, run off and noise from the property?

So I want to redo briefly a list of uses that are permitted in the institutional zone.

Business services, childcare centers, emergency medical treatment centers, garden centers, hospitals, medical offices, and testing centers.

Do you believe this building is appropriate for any of those uses?

Do you believe this use will be more or less intensive and external impacts than we can compare to those uses?

And why do you think that?

And again, you do not anticipate this use could be used every day.

And will this facility be available to anyone besides your tenant?

So if I want to bring my truck in, I can't bring it in the washroom.

Will you or your tenant obtain all necessary permits and inspections from the Pennsylvania Department of Health?

How about Department of Agriculture?

And how about the City Health Inspector?

Have you had any discussions with Kaplow Region Water about this project?

Yes, we have.

And if you could just tell the board what your discussions were.

So there are seemingly two thresholds to get a special waste permit.

Number one, it was the case that you came out of.

Water used to be the case specific area that was at least on post-emotional operations.

Similar way that I can explain it is similar to the case one or the case two and then all the care and taking samples.

And the samples are elevated above a certain level.

Then there would be, you know, this is the case that I would use.

So there would be, either they would be below and there would have to be worked on or there would be above.

And that's a remove attempt or remove the certain actual property.

And this would be the same process where it's a permit.

We have to be elevated levels, chemicals or bio products.

You mentioned quantity of water would be one of the criteria.

What do you believe that this use with trigger and industrial permit for the amount of water used?

We can't necessarily speculate on that but I do have some understanding of wastewater for breweries which is similar with the amount of water used in the case.

So, you know, breweries can use anywhere from 50,000.

So, the water is based on the source of water.

Based on my calculation and that research I think is probably the use of 20,000 gallons of water.

Based on the number of rates that they bring to the building.

And again, the systems that we get for this industry typically have a post-clean water segment system filtered.

And that, I think, is the public standard system which again, I don't have to go ahead.

Does this facility currently have public water, sewer and electric service?

And you'll be utilizing those existing utilities?

And will there be any signs on the property?

Will there be any lighting added to the property?

And you testified earlier that you believe that this general area is a mixed use area.

Do you believe this use is similar in impacts and character to the other uses in the area?

I would say that other uses would be probably more so with the pressure of storage.

I have nothing further from Mr. Donkel.

I turn you dicks and you have any cross-examination?

Mr. Donkel, who is your tenant?

The tenant is the law chicken.

I can't quite hear it.

One second.

It is an LLC name and the name has a law chicken.

And is that representative or that tenant that's here today?

No, he is not.

Why not?

Do you have a lease with him?

I do.

Is he already in the property?

He is not.

Why?

I don't understand this project at all.

You are taking chickens from Western P.A.

You are shipping them to Jersey to be put your eye imagine.

And then their trucks are coming back and before they are going to be returned to Western P.A.

They are washed in Harrisburg.

Is that what you are saying?

That is correct.

And why would they possibly be washed in Harrisburg?

Why would they be washed out in a country somewhere?

There is a lot of country around Harrisburg.

I guess the rat is a poor rat.

Now there is going to be residue of these chickens in the crates.

Is that correct?

And there is going to be residue of the chickens in the truck.

Is that correct?

I believe that there is a purpose that they are going to be going to be studied.

And how many trucks will be coming in the Harrisburg on a weekly basis?

I believe they answered that.

Pardon?

Yeah, you can answer it.

Again, it is not going to be a daily use.

They have a total of three vehicles that might have four, but they will probably be running a circuit.

So a vehicle will come in.

It is now like it is a caravan type situation.

A vehicle will come in.

It is very equivalent to a U-Hall style box truck, which is fully enclosed and inter-lead rat.

And the vehicle will come in and be washed.

I would say if all four vehicles came within one day, they probably will be back for the days.

There might be one vehicle day, three to four days a week.

You have a written lease with your tenant.

I have a written lease for my tenant.

And is the frequency of chickens coming in the Harrisburg heart of trucks being cleaned from the chickens?

Is that set forth in your lease?

The number of vehicles is set forth in my lease.

Or is there a frequency that is going to go in?

That is what you understand from the 10th.

For example, I have a lease without a motor tenant in my lease.

So the answer is you didn't ask this particular tenant.

How many times he would be bringing in the chicken containers of trucks?

That is an inaccurate statement.

Pardon?

I have had conversations about how many times he would be coming.

The amount of traffic that he would be reducing seemed acceptable to myself as well as the partners.

It did not seem to be a stream used by any means.

I would say it says substantially less to use than compared to an automotive garage that would have maybe 20, 30 vehicles in and out of it.

I would say that the property is not on the honesty of the property.

I think inspection is rather repairs but the lease is substantially less than other tenants that we have.

And proximity to this property.

Okay. Now these crates and trucks are being cleaned for reasons.

Remove this residue from the trucks. Is that correct?

Yes.

And a professional system that is made for that kind of process.

And if the chickens had any disease or anything like that, that would be in the residue. Isn't that correct?

I would suppose that the environment of agriculture and those farms that they're hitting these chickens from have their own inspections.

Again, these are chickens that are supposed to hit a higher standard because they're part of the law process that they have to be cleaned clean.

So I would be left to the farms and inspection.

The inspection agency is that regularly.

And you said that vehicles are insulated, is that correct?

So they're enclosed.

So are they enclosed as a regular truck it is or enclosed with any interior sheeting or anything like that?

So that's the way that I can describe it as a closed-box truck that is submerged with the vehicle with a wrapping system.

With a wrapping system?

Racking.

Racking system.

Okay.

Okay, I have no other questions.

Okay. Ms. Nuzario, do you have any questions?

Could you come up to the mic? I think it might be easier because we're on broadcasting this.

So Mr. Dunkel, when you say that this is not going to be an active driveway as others around there, so are you saying that we should be okay with what's going on?

Because I have children and the two pay doors are located right across the street from a residential area, which is a sidewalk.

So their trucks will be going in and out of the kids are right there.

Now when you say the tenants are not in the building, so I've seen them in the building.

Being there bringing in these large blue racks, which I do know you said they're going to be watching these racks.

So they're going to be watching racks and trucks.

There's an order, there is residue, and yes, the agriculture does do testing, but that doesn't necessarily mean that there will not be no type of sickness coming through.

And orders, not only the orders, but you know, you're renting, you're leasing this.

So you're respecting your tenants to do this, that doesn't mean exactly that's what's going to be done.

The one who's really going to see what's going to be done are the residents who live on the block, who we already see things that is not being done appropriately.

That's all.

Okay, thank you.

Next is Beasley.

So I want to remind everybody that this is a time to ask Mr. Dunkel questions.

You'll have a chance at the end where you could make a statement or an argument, but these are questions based upon what was testified to.

Now, like he said, he didn't know the owners.

I know the owners because I have talked to the owners.

The gentleman that I talked to told me that he was using this for chicken soup for him to say he don't know who the owner is.

That's false because I talked to the gentleman today.

They were there when they first came there.

I asked him what was he going to use it for and he said and then again, we're in high respect.

This gentleman lives in New York.

Why are we doing stuff for people who live in New York?

He rents it out to people who live in New York.

Why can't they do their own in New York?

The gentleman's busy.

Do you have a question for Mr. Dunkel?

Yes, if he say, if you're staying that you didn't know who the owner was, you didn't give him his name.

Did you say that?

You said that I couldn't recall it.

You couldn't recall his name.

Did guy tell me who he was and he was coming here to do this but you say you don't know his name.

When you and him both is there at the same time, we live right across the street.

So we know what goes on.

We know what goes on.

Okay, Ms. Speaks.

Do you have any questions?

Excuse me.

I have even asked this man when was he going to cut the grass?

It's been months before he would come.

Now these are the people that he's renttness to.

They don't even cut the grass.

Because we live in Harrisburg, we suppose to get treated like dirt.

No, he wouldn't even cut the grass.

Okay.

We've been waiting some time for the tenants to occupy the building.

They plan to do up to property one thing.

Okay.

Next we have Ms. Urban.

Do you have any questions?

And then again, this is questions.

You'll have a chance at the end if you want to make a statement.

The only thing is I've been there since 03, 2003.

And Mr. Cooper used to own their garage.

It's never been used for anything else but a storage area.

And thus far, we got a garage in the back of us who should be here.

Which is not even 20 feet from our home.

He built a garage back there.

And now we got this gentleman here that's moving in front of us just crossed the street.

And we sitting on the porch we face in a dumpster, full of trash.

And then this gentleman here just moving in a chicken coop in front of us.

And there's two way traffic.

We park on the side.

My house is sitting here.

Here's the road and here's his garage.

So we're going to be seeing trucks drive in and out of there, washing crates and whatever they're going to be doing.

And they turn around and play all like that in the street.

And it's just not a place to watch chicken crates.

You know, it's residential.

It's never been used for nothing but storage.

Mr. Cooper just retired on a camp here, barbecue pit.

He never used that for anything but storage.

I'm not saying what he should do or not do but it's right in our front door.

Okay.

Do you have any questions for Mr. Dunkel?

Not really because I think it's horrible what they're going to be doing there.

Okay.

Thank you.

Mr. Nuzario.

No questions?

Okay.

Does the board have any questions of Mr. Dunkel?

You're represented by council, right?

I don't know.

I don't know you or whatever but I do know that usually in your lease you have everything set up and know exactly what's going on.

You stated that these trucks may come in maybe two a day, three a day.

You don't know exactly.

I mean, many more than two or three a day, I'm sure that.

And then number two is just like they were saying about the grass and whatever.

The owner is responsible for the grass.

It's not the people that are moving in.

So that's another one there.

And then as we have a lot of kids in the area, in fact, we have a playground just just right in back in the house that they use it all times.

That is really bad for this to come in and work out like this.

Okay.

Okay.

Thank you.

I'm going to be to address a couple things there.

Sure.

This lease was initially drafted everywhere.

I apologize if I don't recall.

These are well-to-these things.

As far as you know, they only have three to four trucks.

So we're going to move from your.

Jersey.

Billy.

Bruce Harrisburg.

Where it is.

The whole day.

Almost impossible.

Okay.

Does anybody on the board have any questions of Mr. Dunkel?

Mr. Hobbs, do you have any?

Good evening.

First question, actually, for Mr. Knight.

So what is on the city records in terms of the prior use for this particular parcel?

I think when I looked back through the property history, I didn't really see much in terms of past uses.

I think the residents had noted that the campground barbecue, which is located a little bit of ways on North 6th Street.

It was used for incidental storage.

In that case, there wouldn't have been like a mercantile permit for something there.

So off the top of my head, I can't recall there being an active mercantile permit for the property.

At least, and not one in recent years, see, there might have been an older one, like 15 years or so ago.

But nothing recent, as far as an active mercantile permit.

Okay.

And nothing regarding the, I guess, the original use for this building.

So the county records indicate the property was, or the building was constructed in 1950, and we definitely wouldn't have records back that far.

Okay. All right. Thank you.

Mr. Dunku, I do have a few questions for you.

You mentioned the U-Haul-style box trucks.

So when I think about U-Haul trucks, I know they come in different sizes.

Do you have a thought on what size these box trucks are?

Like if it's more like, you know, the 10-foot trucks, or the larger ones, like the 17-foot trucks, you have any, as you know.

Probably larger sizes, not 20-foot, but the box.

Okay.

All right.

And I know, I don't think you said the tenant is not here to answer this question, but I think you mentioned right now those are the size trucks that they have.

And there's no expectation currently that they would have any larger vehicles.

But as I know, most people in business are open, of course, to business increasing, improving, right?

Is there any, I guess, chance that they would at some point have a need to use larger vehicles than the ones that they currently own?

And what would be, how that would be handled?

So I don't think that that is the only way to get the equipment on.

I think it's the size of the equipment.

The size of the equipment, the size of the equipment, the size of the equipment.

Again, this is a small size business for the user.

I think that's the only way to get the equipment on.

I think that's the only way to get the equipment on.

I think that's the only way to get the equipment on.

Okay.

Again, another question that they probably could answer by themselves.

But I was curious as well.

I know you broke down kind of the route in terms of where they would be traveling, you know, between states.

And how they came to finding your location as a suitable spot for this process that they're requesting to execute.

And then you just think about marking it up there for the general use.

And without the use of these terms, they would be safe for them as it's in route.

Those processes, highways, and the public health system.

I think that's a bad knowledge.

Thank you.

All right.

You mentioned in your testimony that you didn't feel that this particular building is suitable for any of the current permitted uses in the industrial district.

Can you explain why you feel that those uses are not suitable?

Well, I will.

If I may just want Mr. Hobbs, I'm used to industrial.

This is in the institutional district.

I'm sorry, I'm sorry.

The institutional district is extremely limited.

I was always a little bit confused by the island of zoning that was given to the clock.

And institutional however, the style of building on the property.

That is itself to our house.

Okay. So just basically the current, I guess layout of the building you just feel is not to make it not suitable for the permitted uses.

Has there ever been any interest from anyone that was looking to use it in alignment with the permitted uses?

Okay.

That's.

Oh, my last question was to know there are some folks that are living close proximity to the building out here this evening.

Have you spoken with anyone else in that general area in terms of residents that are in, I guess, support of this project?

We are looking with local residents and tenants around our property often.

I have questions over here.

What are they going there?

Is that down?

I guess from the questions.

I don't know what it seems like.

It's rather.

Okay. But nothing specific that you have like documented or any record of anything than nature.

More than that.

Okay. All right. That's all I have for now. Thank you.

I was going to ask.

I don't want to cover a lot of the notes.

Let's go back to the.

You had a tenant.

We've talked to the lease and we're about to the owner of the properties that are opposite.

Where is going to be where your building is.

When you said he talked on the two basically show them a image of a here's what I'm going to require in the lease so that the person who's leasing this knows what's been going to be expected of him.

The two view that with the people with the properties that are basically on a school culture.

I'm going to be released where I'm going to put out.

I'm using this.

So there was that the property.

There.

You know, every time you're in something.

You know, we didn't go where you have to go.

They're approaching that.

The only schools, you know, about a few.

We'll explain to them.

Use.

I would say that it's very similar to a commercial dishwasher system.

I'm going to say.

Sometimes I say tall plane and when we speak to people tall plane straight away, you can understand it.

But you understand anxiety by not sitting down clearly.

It's been raised by the people surrounding this property anxiety levels that they have because they don't.

You know, it never mind how you picture the business and how that business is going to affect how I live and the association with that area.

Sometimes it's because coloring.

This is a coloring.

And without that coloring, then everybody can roll their own.

Think what they want.

And you're trying to.

You're selling the special exception.

You're in sales business at that point.

You're trying to sell.

Sell why you want that tenant there.

And that's what that tenant's going to do.

The types of business that tenants can be associated with will not adversely affect them.

You're planning to their fears.

You've got to put that information out.

And I said you did what you're mentally had to.

But do you understand the nature of the question where that would help in selling your point of view?

I do fully realize that in the business of going out and getting special exceptions.

This is moving my first.

Special exception.

So we used to set the building.

And the city.

So.

Or think to go to a condensation and.

And you're more on reach.

That's my first set of questions.

Second.

And again, he said they reached out to CRW and had people.

Association with them.

And you're the.

Washington process.

The chemicals that we've been used.

Are they going to be recycled into the sweet system?

Or are they going to go to some type of special filtering agent before.

And they're going to be added into our sweet system.

And you got to say,

CSO system was all the system there.

So.

One of the most important things about the system.

And in conversations with them is that.

These commercial industrial systems because of the use.

They work in the program where they want to be.

With this many regulations as you expect them to be.

And.

There is a pretty true system.

And I'm sure you know, a chemical deletion system.

That occurs with lemonade type of or.

Specifically to us the amount of.

You know, I guess.

A biological agent that would be.

Product of this process.

So.

Preach of the poor hitting that public.

So systems.

Speaking with.

A cover region in the specific zoning district.

It did say that the.

The system is well that adequate and handling.

The.

The.

The.

The.

The.

The.

The.

The.

The.

The.

The.

I don't know what.

You said the.

Water.

Or the.

Refuge.

Will.

Will it be tested?

Will you require the tenant?

Basically before monthly testing, making sure that it stays at a level that's acceptable.

because again, it's going to get you out and get a permit for it.

But what happens in a hypothetical way?

How will we do this month?

The water is above that threshold.

What will you do as the owner of the property?

Or you're leasing it?

Is there something some triggering mechanism that says,

hey, Mr. Tettett, you just exceeded the limits

you allow to have to cease and desist or what?

I would say that to the term consensus

is the way companies, especially the New Digital readers,

you know, we're not sure if everybody issues that

would be occurring, including between the same state health

inspectors, you know, if they want to do peer-run inspections,

I mean, they're, you know, so we're not

trying to have error.

We're trying to do it by regulations that are

replaced by these entities.

But there's something in the lease for the tenant

that says, hey, you need to make sure, because the refuge,

you need to provide some type of momentarily testing,

some statistics back to me.

So making sure that I'm in compliant with city requirements,

there's no real requirement state requirements.

There's no real requirement state requirements.

There's language and a lease that does specify that they have to be,

but everyone who they do has to be within the municipal, city,

and state requirements or any other government

and which clearly agree with the private.

I'm thinking of an exception.

What happens when that exception meter goes off

Sanuses above, what do you do as the property owner?

The unit, again, will the notification,

will you property owner?

No, the cases will come to you.

How do you basically will handle it?

So the tenant will be setting up their, you know,

the lease systems and the responsibility.

So that would be going to them and would be fine.

I imagine by, I have a regional lawyer.

Every, is there any demand that would be proposed

to say that we computer out of the request usage levels

to the tenant and the tenant?

Yeah, work up the Gigi Consumptions.

But again, in this area, sometimes they look at the amount of the lead

basically coming back and by any type of bio,

and they do have the bio,

it's poised because like seatbelts a month late, but again,

I'm going to put asking you, if that comes back to you,

what will your action be?

Well, there will have to comply.

And if there's an additional filtration system,

you know, that they need to,

or it would be, you know,

it would be something that we would take on the final words

to say, you need to be involved with, you know,

the municipal local state regulations

or anything,

the federal government's released them to the sewer system.

But I'm hoping this is a public sanitary system,

which we've got all the local,

and we said that this isn't something that,

on their spectrum is the general concern.

The levels were to, you know, again, post-treatment,

be of the actual levels that we've got applied.

So, yeah, in the stewards to the process,

make sure they are compliant.

And again, we require to see if we'll get that.

And the least that you're putting out there is no,

the important piece, there's no out compliance notice

to quit type of clause that would go into effect,

which would affect it.

We shut that business now until...

So we do that.

So if there are not compliance with these regulations,

there is a breach of the lease that could be sentenced to quit.

So, let's start with that.

Thank you.

Most of my needs have to do with it in frequency of activity.

We talked about frequency of activity.

It's basically up to maybe four trucks every few days.

The question was asked,

and the solicitor for the neighbors asked this,

they're transporting the stuff from the Western part

of the state to New Jersey.

That's a pretty good distance.

Why, Harrisburg?

I know you, as you said, you're a property payment available,

and basically you, I've got a property that could probably

satisfy your requirements.

I'm gonna say this, and I've got a,

and we should make a slap, you know, this one.

What makes us very stupid?

Why, why not put this in your own backyard?

Well, I mean, it is a industrial style building

that facilitates, you know, a type of use

that would be used for this intent.

The purpose of this happenstance that they reached out.

We weren't seeking that as a tenant,

they reached out to us, and they said,

because of the location,

they actually made it to the highway,

it's gonna be a good way to point for them,

and they're traveling, picking up the delivery.

And, you know, I guess, to accommodate the size,

they need you, which is not substantial,

and I'm like, my dog at times,

for a quick building or talking about,

no, let's say on the scale of the most used,

a lower usage size building, 4,000 square feet.

The size of the home, which is a small family.

And my last question, I looked at one of your photos,

they're gonna bring this building up to something

where it's level conditions,

I looked at it back from, and I said, yeah.

They're gonna clean this up,

but that was a big sale there.

So, the building photos are in that,

those are whenever you put your wires out of the condition

of which we received it.

Since then, it has been perwashed,

it has been cleaned, it has been painted,

the back of it without white.

The office is not white, the entire studio building

has been painted, so we're done,

improvements to the purposes of making it more beautiful.

And they will continue to do our progress

basically, they would be, you know,

the big, or the cinema building.

Again, mostly equipment,

point of investment to the present,

as well as making it consider responsibility.

So, the building, the exterior is not maintained,

that would be something that,

do for our family about,

we want to absolutely clean up

this area where we're working with,

and it's as well, that it really cleaned up.

Because there are some possibility to know,

but it's made this application

in February, so initially,

this is from the government, February,

and we're now sending parents a timber,

so we are looking forward to them.

Facility, the pregnancy of the house,

the hair, my arms,

the tail, the tongue, the clean cages,

and I'm one side of the facility that,

from going in, it's the only,

I would say, use the tons and some suits,

bringing one truck,

for the truck's full cages to that side of the facility,

because they'll pick them up,

and then put them in second position,

and as a narrow way of plan.

As condition of the lease,

they've got the lease,

person's leasing this,

or the lease property maintenance,

that's a clause in that lease sand,

if they're gonna be it,

or if he can be held to the fire.

Absolutely.

Okay.

And one additional thing is that

we need to go grab the dumpster,

take in, don't,

multiple times,

there was an any current use

for the dumpster to seem to fall,

so I'm gonna recommend that they,

a lot of them,

or honestly,

one of the questions earlier about the exterior trash,

everyone,

wasn't made by us,

wasn't made by the tenants,

that's,

you know,

nobody,

I'm gonna first go ahead and get a lot of them.

So,

I'm starting to see what they need.

Down there,

might be a little bit,

sorry, I'm sorry.

If you'll put children and stuff there,

they make a little under-wrestling,

one of the dumpster diving.

Mm-hmm.

Stumpster is a city's control,

or is it private?

I,

I don't think we lease dumpsters to anybody,

so they would be,

so they don't,

private transit control.

This,

this dumpster came with the building,

was there only a part of it?

It was a lot of,

so happy to remove it.

Or,

you know,

I was a part of the initial investment.

You know what?

No, I was just making a point of clarification

that the city of Harrisburg does lease dumpsters,

but I don't,

I can't say that that is the city of Harrisburg dumpster,

but.

The first move will be the,

the two of the,

uh,

these,

sir,

and they see that he's basically,

what else?

If they wanna put it somewhere where I,

this is,

it is,

and it is,

it's,

but,

when the dumpster is,

when you're in this,

uh,

all to the city of Harrisburg.

Uh,

thank you.

Um,

I just not want to find an observation.

And,

you said,

you did all the cleanup,

you put,

you've taken the building,

you painted it and everything else.

Would it be who you to basically reach out to neighbors?

They want you to come and look at our facility,

look at the facility,

have a walkthrough,

play to,

uh,

address your fears,

and your concerns.

I mean,

you,

who basically could help you alleviate some of the questions

and anxiety and angst that you're hearing from the people

surrounding us.

Yes, absolutely.

Got a problem.

I mean, was, uh,

discussing anything about that.

Um,

this is my presentation.

Thank you very much for taking the time.

That's a good question.

Thank you.

So I actually do have a,

uh,

a couple other questions.

Um, the first,

I just wanna go back to,

uh,

I know this was mentioned,

I think in the documentation about,

um,

they're not being things like odors and things of that nature

that will come from this process.

Is that, um,

something that is considered,

I guess a factual thing.

Do we notice for sure that this,

there's not going to be that type of element associated with this process?

So from there,

I understand,

or a,

I have to clean it every summer,

then I get a trip,

you know,

be a man,

or I guess,

um,

a male,

uh,

material,

uh,

would remain

in this case through a professional,

industrial planning system,

you know,

at high temperatures to kill bacteria,

and what I imagine everything else.

And, um,

I mean, the building does have a,

um,

venting system,

which does vent out the,

um,

southwest,

so the summer building,

which would be towards the,

trip corridor,

the game,

the ported tesser,

and stuff like that.

It's hard to help this question,

or more than happy to be fine.

But again,

this planning process is,

within a,

you know,

closed planning system.

Right. Right.

And I,

I specifically asked that,

honestly,

from my own,

even personal experience,

where there was something,

uh,

approved way before I was on the zone board,

um,

right behind my house,

where it was said that,

when it was approved

that there wouldn't be any effects of,

odors,

and anything that,

residents would really be able to tell us

going on the facility,

but it's,

that's not the case, right?

When they're running the facility,

I can smell,

like I know when they're in their,

basically brewing coffee,

um, I can smell every time they're doing it,

because the smell comes in my house.

There's been other things like,

um,

times where there was like an excessive smoke

where it seemed like the building was about to catch fire,

uh, times where they've had to increase the capacity

of the,

the ventilation exhaust,

because what they were doing was,

basically,

I'll grow in that space.

Um,

so it definitely can't have an effect on things that may not seem,

you know, significant,

it can definitely be significant to someone that is living

in close proximity to that daily.

So that, that's the basis of me asking that question,

um, because, you know,

I don't know what this process looks like in real time.

I don't know,

I know you should use,

you're somewhat aware of the process,

um,

but it seems like the,

the folks that will be running this process

would be the most aware of how it works.

And it would be great.

It would have been great to be able to speak with them

directly about some of these things,

because they can give,

you know, more direct,

um,

or more specific,

I guess answers about things that,

you know, is this factual,

is this opinion,

you know,

how does it actually work?

Is that gives us a better visual of how things will actually

play out day to day in the case that we were to approve this?

Um,

but, yeah.

More than that.

And this is just add on to,

and I was my concerns,

public safety, health,

sanitation.

If you work around something,

well,

your nostrils will basically,

basically get used to a sort of smell.

So that smell,

where as a stranger by walk in,

I could pick it up like that.

People who are constantly around,

that people are driving their trucks or something,

they're used to the poultry smell and stuff.

So it may not be something that they,

that they're parent with them at all.

Sure.

But again,

but the neighbors again, air,

and again,

I won't say feels,

but that would be there.

Okay, and you say,

there's been in this.

The environmental issues systems and the environmental

issues systems and importance with the health

inspections said that there needs to be some filtration put

onto it.

We're happy to tell the tenant that they can fly with.

Okay.

Okay.

Um, this is my last question was just about,

um, before you came to this agreement with this party,

um, how long I guess has you been trying to identify a suitable

person in it for this particular space?

Oh, we got the building about a year ago,

so we've been out about a ten or a year until they signed a

week's and February and they requested that,

make sure that they're applying older and necessary

abilities to receive all the permits and this is part of the

process.

We've turned out to be patient and February.

But during the time before you made the agreement with them,

that was signed in February.

About a year.

Right.

Was there, was there any interest or any discussions with any

other potential tenants, um, that were looking at the space?

A lot of automotive crash tenants, one of the work on cars or

sound systems or dual oil changes,

dry inspections, so that I would get much more.

So use.

Okay.

All right.

Thank you.

Okay.

Miss Cameron, do you have any questions of this witness?

I am just curious about one thing and in all the questions about the

size, what are the approximate size of the bay doors that the

trucks will be using?

Because I know you testify that everything would happen inside,

so we assume the truck has to be small enough to fit through the door,

correct?

So what would you say the approximate size of those doors are?

Or what kind of truck could it accommodate up to?

The doors are about, we use 12 by 14.

The approximate size and trucks have already fit inside the door.

So just, nothing much bigger than the box, so I'm not good at sizes, but I'm assuming

just the box truck is almost the size of the door.

I mean, if it's more than enough space for the car, yeah.

But I mean, not a big, so a tractor trailer truck cannot access the build.

Okay.

And you guys did fully agree that I think we're going to have our health

inspector, which is a woman, she will be in touch with you guys at some point to do

some type of health inspection.

Absolutely.

Nothing further.

Mr. Dunkel, in your application, your hours of operation are proposed to be from nine

to five, is that correct?

That's correct.

So there won't be any proposed washing vehicles or cages outside of those areas.

These are standard business hours.

They are typically traveling in the morning, go to the property, the morning hours and then

are heading on their way to the farm and then there's cycling back, not stopping back

at a problem.

Okay.

And when you said that there's not going to be any tractor trailers, you're talking about

the, I'm trying to get a definition.

I believe the 16 wheelers, the bigger, I don't think that it's appropriate for the size

street or was it anything I was ever discussed, they never talked about tractor trailers

and said specific vehicles that were the size that would fit.

Okay.

And you, you had indicated during your testimony that you were not going to, or your

tenant was not going to wash either trucks or these cages outside of the building.

Correct.

Correct.

And no live animals will be on the premises.

That's correct.

You're not going to require any signs at all.

No signs.

Okay.

Mr. Hume, do you have any other witnesses?

No other witnesses, but I do have a couple questions from Mr. Donkel.

Okay.

The clarify.

So Mr. Donkel, you lease other properties as a landlord, correct?

I did.

Okay.

And I believe you testify that your lease, your lease is required that tenants comply with

the applicable laws rules and regulations.

As the landlord, would you consider any conditions imposed by the civil hearing board

be a law-reluer regulation on the tenant?

I think there are a lot of other regulations.

You know, the board and their final decision were to impose a condition that says that

you could only operate as we presented in tonight's hearing.

Yeah.

So that would be a requirement to have the follow-up.

Absolutely.

And if your tenant breaches that, what would you do?

This is the landlord.

You know, be right to care.

And then if they're unable to comply, then you should be patient.

Thank you.

Okay.

Thank you.

We have no other witnesses.

I would ask just the opportunity at the very end after hearing any other testimony to

be able to get the summary.

Okay.

So as a result of being a party to the action, you've had the opportunity to ask questions

as a party.

Now there's an opportunity to present any evidence that you'd like to present with regard

to this matter.

So we'll start with Attorney Dixon.

Do you have any evidence that you want to present at this time?

No, I have the testimony of my client and that's extended.

Okay.

Ms. Nazario, do you have any testimony or additional, anything other than what you indicated before?

I'm just worried about the kids.

That's all.

Okay.

That's all.

I'm just worried about the kids.

Because we all know that chickens have a very bad smell.

This is a very, it's a lot of things.

I've said I to Mr. Dunkel several times.

But as far as it goes, he's never had conversations with me.

I've always extended conversations.

I understand he's a business owner and he has to do what he has to do.

I'm just saying be considerate of the person.

Just be considerate.

Okay.

Thank you.

Ms. Beasley, do you have anything additional that you would like to present?

No, the answer she has shaken her head.

No, Ms. Speaks.

And he also said, it was a large truck that delivered those crates.

That truck was so, it took up the whole street.

We had to stand out there and watch everything that went on because that truck, the, the

you all that came, looked up the old street.

So if you're saying you're not going to do some big trucks, how do you know that we

want to deliver the blue thing?

That does the crates.

That's in here now.

Okay.

Who should we believe?

We see it going home.

Okay.

Ms. Urban, do you have anything additional?

and there and there, streaming there.

And the things about how they come in and out was in the truck.

They have to come in and out right in front of the building.

We said, no, no.

No.

We talked to the dumpster because that's there.

Nobody moved in.

It was probably owned by the two problems.

They all know them.

Anyway, it's just a private neighborhood.

No place to be in and out like that.

You know, probably.

You know, it's very hard with two minutes.

And then the car went in.

We can't talk over one another so that the court reporter.

Okay.

The only thing that the end and now, you know, somebody gave somebody

to be in the back of us to fill up the wall.

The whole Harrisburg movement ended out of there.

I know the man, but it's not in the block from my backyard.

We can't even use a backyard to live in the air.

And paint and paint.

Somebody gave me the younger building the block.

It's totally worth it for their story.

Okay.

It isn't the line for the whole city of Harrisburg.

In and out of there all the time tonight.

That's one of the students.

Okay.

Thank you.

Okay.

Ms. Nizario, do you have anything additional?

Yeah.

All I want to say was that those three of us just little.

And when those trucks turn, they touch the car.

So I need to keep playing there.

They don't have a touchable in and out.

It's played here.

We decided to move this little bit of the place.

We haven't been able to play a picture of the car now.

Isn't that it?

So they're not going to play.

It's taking the whole.

It's playing things for our.

Right.

Can I brag about my grand in that well?

Where am I not there?

And I say that I feel.

It's not fair that they're taking everything away that.

The kids are passing the into.

No.

Not again.

Because we're going to be afraid of a truck.

When they're going to come.

And I'll do with you.

Okay.

Thank you.

So we'll have Mr. Hume if you want to make a closing

and then the board will deliberate.

Okay.

Well you're represented by an attorney.

So I would-

Is that his piece, small and simple?

Yeah, I could please have this problem.

Okay, Mr. Robinson, go ahead.

I go back, at least.

You know, your least usually has everything

if you want the tenant to agree upon and whatever.

If the tenant is there and he decides to

not go along with your lease,

your son, you're gonna take

and basically get ready for whatever,

but it won't happen just suddenly like that.

Plus the street like they're talking about,

it's only a one way street basically all the way up.

And these you hold the trucks that you're talking about.

If you take a you haul a truck to try to go to that garage,

you may have just about that much opening at the top.

It's not that much opening for a you haul to go in there.

And then when you're washing the stuff in

and then you're bringing it back out,

hopefully it's all dry and whatever before you bring it out.

Because you could have hair, whatever,

follicles, whatever, on the bottom top and whatever.

You know what I'm saying to you?

You can have that.

It's like this is a terrible thing.

And he said that he had no other clients

or whatever, he picked this guy, this person.

I just can't understand.

There was people who came here

who wanted to do welding and stuff like that.

And they were asked in and whatever.

And in return, just like you take as far as I know,

the city does not like chickens in there,

one way or the other.

Feathers are nothing else.

But yet you're going to bring the chicken feathers

from Kentucky here and drop them off and clean them up

and then take them back in the same truck.

Hopefully it's clean right and take them back again.

That is crazy.

So I got this.

Okay, thank you.

Mr. Hume, do you have a closing?

Yes, and I'll keep it brief.

I believe the board understands what we're proposing here.

And I appreciate all the questions.

And I do appreciate the neighbors coming out tonight as well.

I know it takes a lot to come to one of these zoning hearings.

So I do appreciate their involvement.

Something that we've been taking notes on,

listening to, so I do appreciate that.

What I wanted to talk to you just a little bit about is,

one of the things that you do have the ability

to zoning in Harry board, if you decide

to grade the special exception as opposed conditions,

we believe that we've hit all the criteria

for a special exception here.

There have been some concerns that have been mentioned.

And I think those concerns can be addressed

in the form of reasonable conditions.

Pennsylvania courts and the municipalities planning

could have made it clear that a zoning hearing board

can impose a condition on a special exception.

But that ability is not unfettered.

You can do reasonable conditions that are supported in the record.

So I think there's been some discussion tonight

about the size of the trucks and hours of operation.

Those I think are appropriate for conditions.

The reason I'm bringing all this up

is that one of the conditions that was proposed by the city

was that sidewalk be installed in front of the property.

And in this case, I would argue that that would be inappropriate.

For one, there's been no testimony indicating

there's going to be any pedestrian traffic at this use.

Second, there's no requirement under the zoning ordinance

that sidewalk be put in for any change in use of the property.

Basically, what the city is asking for is a sidewalk

that would go to nowhere, because there's no sidewalk

on that side of the street.

It's substantial cost to my client.

That really doesn't serve any purpose whatsoever associated

with this use.

So I would ask, is there deliberating this

considering conditions?

We are open and accepting of conditions

on the size of the vehicles and the hours of operation

and obtaining the appropriate licenses and permits.

But I would say that it would not be appropriate,

and it would be an abusive discretion

to impose a condition that we put a sidewalk in.

When there's been no evidence whatsoever

that we're going to have any pedestrian traffic

let alone a need for it here.

OK.

Can I use, I'd like to have a particular planning basically

addressed, but that's a common one.

Sidewalks are not just about providing access to that site.

They're about providing an ADA compliant,

required compliant path outside of a roadway

for people to walk down a block.

And if there's no sidewalks at a block

and there's multiple property owners,

you have to start somewhere.

Now, everybody's going to do all of the sidewalks,

all the same time, get everybody to agree to that.

I don't understand, frankly, the applicants

are looked into this.

And if the applicant wants to fight the condition

in the zoning hearing board decision, more power to them,

we're going to have to talk to the city engineer

and he's going to go out and make them have to put one in

as part of the property maintenance code.

I mean, whether they want to choose to make this,

the hill to die on is up to them.

But, frankly, it's about being a good neighbor,

which they have just indicated to all the residents

that they are going to do.

And it's about providing necessary infrastructure

for travel through the public right away.

OK, thank you.

All right, we understand, I'm sure all the arguments.

Does the board want to take a...

Yes, sir.

I'll be asking to take a break.

Wait a minute.

What's that?

Can I make a brief summation?

Yeah, yeah.

I guess.

From behalf of Mr. Robinson, what we've heard today

is all hearsay.

We don't have the tenant.

We don't have the lease.

And it's a special exception they're asking for.

So this board needs to have documentation

as to what is proposed by Mr. Dome.

We've heard Pescamony...

I feel contradicting Pescamony about the distance

of traffic.

I've heard originally that chickens were from Western PA

going to New York and New Jersey and coming back.

And then I also wait for Pescamony to trucks

who are going back to Schiponsburg.

A Schiponsburg is an hour away from here,

right down Interstate 81.

It'd be very easy if there's a farm in Schiponsburg

to clean those trucks and create at the farm outside.

And why do this in an urban area where actually people live?

People live there.

They have the lives there.

They have their bankets there.

This is a reality for living in a city.

So I would ask this board to consider all that

and make their determination.

OK, thank you.

So we'll take the recess and then we'll

go off the record and then we'll be back in a few minutes.

Thanks.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Okay.

Okay.

Thank you.

We're back in session.

Okay.

So this was any other questions before?

No, I would just have to say there's a motion by the board out to the higher.

Okay.

Thank you.

Yes.

I would like to make a motion to approve application 2613 with the condition with the four

conditions set forth by the planning commission as well as the following conditions which would

be no washing of any vehicles including trucks outside the building, no live animals on the

premises, hours of operation being limited to the hours of 9 a.m. to 5 p.m., no signage

and no tractor trailer size trucks serviced on the premises.

There's a motion, Mr. Alvis, is there a second?

Second.

Moved and seconded.

All those in favor signify by saying aye.

Aye.

Okay.

Motion carries.

You have a written decision within 45 days of today's hearing.

Thank you.

Thank you.

Thank you.

Thank you.

Okay, we're going to go back on the record.

The next and last application this evening is Application 2614.

This is an application for a variance and special exception relative to the property located

at 3126 North Second Street.

It's an application filed by Sharon Uptike and Marco Munoz.

And it's an application for a property located in a residential medium density RM zone to convert

an existing single family dwelling into a two unit multi-family dwelling.

I'm going to mark exhibits and then we'll introduce the parties.

I've marked as exhibit B1, the proof of publication, the time and place in particular.

Nature, this matter has been published in Patriot News, which is a newspaper of general

circulation for the city of Harrisburg and that appeared on August 31st in September

7th, 2025.

B2 is a letter dated September 11th, 2025 from the Planning Director, Jeffrey Knight,

to the applicant, notifying the applicant of the time and place of the hearing.

Board exhibit number three is the hearing notice posted upon the property in question

that occurred on August 22nd, 2025.

Board exhibit number four, the notification letters to the required neighbors that is

exhibit before.

B5 is the application packet with the attached narrative.

Board exhibit number six is the resolution of the Planning Commission from back in 2004

approving the subdivision of the law into two lots.

Board exhibit number seven is the deed establishing applicant standing to pursue the relief this

evening that they're requesting.

Board exhibit number eight is the Planning Bureau case report.

Board exhibit number nine is the City Harrisburg Planning Commission resolution.

So, that's Board exhibits one through nine.

Mr. Patrina, your hearing on behalf of your clients.

Could you introduce yourself and your clients and we'll swore them in?

Yes, absolutely.

Thank you, Mr. Prakash.

My name is Phil Patrina.

I'm an attorney at McNeiss Wallace to Nurek, 100 Pine Street Harrisburg-PA.

I'm here tonight on behalf of the property owners who are both here tonight.

and I share an updike and Marco Muniz.

Mrs. Updike will present some testimony tonight

and that will be all.

So we'll just have Ms. Updike be sworn in.

Okay, Ms. Updike, do you swear from the testimony

or about to give before this board

will be the truth and nothing but the truth?

Okay, and Mr. Knight, you are previously sworn in

and you're continuing to be sworn in.

Could you give us a summary, Mr. Knight of this application?

Sure, so the application for case number 2614

for 31, 26 nurse second street is in essence

the formalization of a conversion of the property

into a two unit multifamily dwelling.

So in many ways, this is similar to other such requests

that the board is reviewed over the past few months and years.

However, the subject property is a bit different

in both that it's a detached building on its own lot

as opposed to many of the others which we get

which are attached or some of the detached row homes

that have been converted in the past.

And also this particular property requires lesser deviation

from the zoning code than many of those

in that the project requires the special exception

for the establishment of the multifamily dwelling onsite

and also a variance for relief from the specific criteria

in section 7-309.2 V of the zoning code

which requires a 25, the structure be 2500 square feet

to be converted.

It does not require a special exception

for relief from off-street parking

which again, many of the other types of similar requests

that the board is reviewed have,

nor does it require relief from the density regulations

in the zoning code.

So again, this is a case where by the applicants

have testified and we have received letters of support

from neighbors that have firm that the property

has been two units for some time in the past.

Several decades according to their testimony.

However, in looking through our city records

we basically have no record that this has ever been

two units, anything from a notification

in our decent records for building permits

to even the fact that there's never been a rental inspection.

So there would have been two units,

one of which would have been rented.

At some point in the past we would have assumed

that a rental inspection would have taken place.

There's kind of other documentation

for a subdivision that occurred in the property

back in September 2004, in which case there's no note

that this is a two unit property.

So in looking through the property

when we first got, when this was first brought

to the planning bureau, we kind of looked at every record

we had and said, as far as we know,

this is a single family dwelling.

And I think what happened is my best guess

is this was like an in-law suite was created

maybe at some point in the past.

It seemed like when a former owner had it,

I think there was testimony that there was a relative

of theirs that lived on site.

And my guess is at that point they put it in another bathroom,

maybe a kitchenette or something on the second floor

and kind of informally rented it out.

And then it's been used as that in the past.

And I think the issue that comes up is, at what point do you just say

like, this is two units or do you kind of say,

well, we have to formalize this stuff otherwise anybody

could come in and just convert something

way to a couple of years and claim that it's been existing.

So we do appreciate that the applicants did come in

and submit the necessary.

Is there any relief for the proposal?

And as a general, you know, from a general perspective,

the proposal seems to be acceptable to corner a lot.

So in addition to there being both a garage

and a driveway on site, there is sufficient parking along

the front edge of the property with the street

to address, again, what is an often cited complaint

or concern from the community about parking.

And otherwise, the property, again,

does differ somewhat significantly

from a lot of the other similar proposals

that we get here in the planning bureau.

So with all that being said, the planning commission

has recommended the zoning hearing board

approve the request for the following conditions.

If granted approval to move forward

with the project to propose, the applicant shall allow

the codes bureau to perform a comprehensive inspection

to identify potential building code issues.

And we'll receive approval of all necessary city permits

prior to receiving a certificate of occupancy

for the second unit.

And again, this is pretty standard for what we recommend

in these situations because when these additional units

have been created through an informal process,

when we haven't been able to inspect the installation

of plumbing, electrical stuff like that,

we want to make sure that that's being done correctly

for the safety of the residents and tenants.

And then the second condition was the applicant must receive

rental inspections on a regular basis

as determined by the code bureau.

So again, that will help in the future to ensure

that this two unit configuration is acknowledged

and has been formalized.

The planning commission recommends

that the zoning hearing board approve

the request for the following reasons

compared to other such property conversions.

Their current request requires less zoning relief.

And the property presents unique conditions.

Specifically, the property is a large lot

with a smaller structure.

There's less in conformance with the density regulations,

but not the specific criteria.

Whereas the inverse is generally applicable in such requests.

The project will address the primary concern

of the public regarding such conversions,

specifically the impact on parking available

to existing residents through the provision

of the required parking and the attached garage

and driveway onsite,

although there is available on street parking along the front

of the property with North Second Street and Lewis Street.

And finally, the letters of support

from the surrounding residents and property owners

demonstrates that formalizing the second unit onsite

will not create impacts on the surrounding community

or otherwise impact adjacent properties.

Okay.

Thank you, Mr. Knight.

And I noticed in the back of the room

there's four people in the room.

Are you for this project?

Okay.

We'll just let the record reflect that each person

so that there are four of the project.

You'll have an opportunity to speak at some point in time.

Mr. Retrina, would you like to proceed?

Yes.

I just have a short presentation.

I think that this one will be a little bit shorter

than the last one.

I think that's a big deal.

Thanks.

The last one.

I'm going to leave this wall on the table.

Thank you so much.

Thank you.

Thanks.

Thank you.

Thanks.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

That's okay.

Yes.

Yeah.

Yes.

Thanks.

Okay.

Yes.

Yeah.

Thanks.

Okay.

That's okay.

Yes, thank you.

Thanks.

No.

All right, perfect.

Well, as we just heard from Mr. Knight's report,

this property has a little bit of an interesting background

that we came to learn of after Ms. Updike

and Mr. Munis acquired the property.

So they are the current owners at 31.26

North Second Street and 31.26 A North Second Street.

The property is in the city's R.M.

residential medium density district

within which multifamily dwellings are permitted

by special exception.

As we discussed, the use of this property

has apparently been in use as a two unit multifamily dwelling

for several decades, at least as long as 1989,

or perhaps even before that.

Ms. Updike and Mr. Munis purchased the property

in December of 2024 with the full information

and belief at the time that they acquired it,

that this was indeed a two unit multifamily dwelling.

And upon inspection of that property

by the now current property owners,

they recognize that it was laid out

as entirely two separate dwelling units,

a first floor unit and a second floor unit,

and that's how the property was also listed and advertised.

So Mr. Munis and Ms. Updike are not planning

any redevelopment or reconfiguration of the property

as Mr. Knight suggested,

this is really just a formalization

of the continued use of the pre-existing use of the property.

And so this application is just to request

the formal special exception to permit

two unit multifamily dwelling at the property

and a dimensional variance to permit a dwelling

that's 1,824 square feet,

to allow that multifamily use where the special exception

criteria would require 2,500 square feet.

So it's an approximately 676 square foot dimensional variance.

The planning commission unanimously voted

to recommend approval of the requested relief

at the September 3rd meeting subject to the conditions

at Mr. Knight Red, which the applicant is in full grants too.

And so with that, I will call my first

and only witness this evening Ms. Updike

who will testify about the property,

its historical use,

and their desired continued use of the property.

So Ms. Updike, we're looking here at applicants exhibit A1

which will mark for the record.

It's an aerial image.

Can you tell the board if this Google aerial image

is of the property located at 31, 26 North Second Street?

Is North Lewis Street located to the north of the property?

And to the east of the property is North Second Street?

Yes, it is.

And west of the property then is River Street.

Is that correct?

Okay.

And is the property indeed located in the RM residential

medium density zoning district?

Okay.

Is it a fair assessment to say that the surrounding

neighborhood is largely a residential neighborhood?

It is me.

Okay.

It is all residential, but there is mixed east.

Sure. As is consistent with the requirements

of the residential medium density district.

Okay.

With that, we'll move to admit the aerial image

is applicants exhibit A1,

which is established is where it's located.

Thank you.

Okay, now turning to the second page here.

We're looking at an exhibit sheet.

We're looking at some Google Street view images

of the property.

This first one here, could you please describe

what's shown in this first image?

It's a very large overgrown dogwood tree in the front yard.

Overgrown landscaping,

this house is a cave-cud style home

with a single front door on the North Second Street side.

When you round the corner,

you're going to see the houses built by the dew-press zone.

With two original doors serving each different level of the house.

Okay.

While we're discussing that second view of the property,

let's turn to the second image here.

Can you please describe what this image here is

of this building facade?

So this house has all original brick.

Around each of those two doors is the original brick mold.

It was built with the intention of these two levels.

I have a different theory, houses from 1960.

And as you see it, those two doors each had a stone,

stew, serving each door underneath.

They were later connected to the one floor.

But each door represented a different level of the home.

Indicating original use was multi-family

from the very beginning.

The door that you see on the left hand side,

you walk in the door, there's a small closet at the landing,

and it goes immediately straight up the steps.

You'll see a chimney in the middle of the house.

The steps run up alongside of that chimney.

When you get inside that second story,

it's equipped with a living room, a kitchen,

a bathroom, a bedroom,

and an exit door to a patio on the roof with a fire seat.

The interesting thing I found with this house,

and I'm sure it has history,

but the owners, when they bought it in 1960,

they always had intentions of serving the public.

So the original owner was a Holocaust survivor.

And you can see, like, lived on the first floor,

and they rented the second floor out,

and it grew the JXT at the time to families coming in.

So that was the original use of that home.

Okay, and just a few clarifying questions.

So that door on the left, that leads to the second floor unit.

It leads only to the second floor.

Okay, and then the door on the right.

It serves into the kitchen on the first floor.

Okay.

The front door serves into the living room of the first floor.

Okay, thank you.

And this building facade for the record

is along Lewis Street, correct?

Correct.

Okay.

In this image, which was taken from Google Street View,

that I believe is timestamp 2019,

it shows some trash bins along the curve there.

Is this property, has it been served by two separate trash bills

since at least 2007?

So I did some research by contacting the trash company,

and they have limited records that goes back past 2017.

They do have records to show that there have been two bills

for servicing this property, two different trash bills

for this property, or as long as they have records.

You can tell that, although they've had a variation

in the way they've done their billing,

it's not identified apartment A, B,

but you can tell it by the dollar amount

that was billed each month, how it was significantly higher,

because it was too.

Okay, and so we'll flip to the third page here.

Does this third image here show a different angle

of the property along Lewis Street?

You're now looking, you're standing on Lewis,

you're looking toward North Front Street.

Okay.

I see the backside of the house here, essentially.

And at the back of the building,

there is an exterior stairwell that can be seen from this image,

and then also we'll be turning to the fourth here

to look further detail at that stairwell.

But can you please describe what that exterior stairwell is

and where it leads to?

That is the firescape that leads to the second story.

Okay.

And with that, Mr. Solicitor,

I'll move to admit these exterior building photos

as applicants exhibits A2,

and then the stairwell, which is the last image in the packet,

as applicants exhibit A3.

Okay, they're so admitted.

Okay.

Now we'll discuss the existing property,

how it's laid out and the use and continued use

of the property.

The miss update, well, we don't have an official floor plan

in front of us.

Could you please describe the layout of the property

as you just did just briefly,

the layout of the first floor unit and the second floor unit

and clarify that for the board.

The first floor unit starts at the front door.

You walk into a living room with a fireplace.

It's also served by two bedrooms and a full bath

and a full-size evening kitchen.

There are steps that go down to the basement

where there's laundry facilities and storage.

The second floor, which is accessed by the dedicated door,

enters small closet upstairs.

You have a living room that mirrors the living room

from the first floor.

You have a smaller kitchen.

It's not large, but fully serviceable,

like a full-size refrigerator, full-size stove, sink,

everything is nicely fitted.

Then you have a full-size bathroom and a full-size bedroom

with a small hallway leading out to a roof-top patio

that is serviced by the fire state.

One thing that I noticed, the kitchen cabinets

that were on the second floor were the identical kitchen

cabinets that were on the first floor.

Very telling, as to the 1950 era,

one house's bed, not an afterthought that's done

at the same time.

The bathrooms were exactly,

outfooted, exactly same as the footprint of the identical

house was the pink tile that was on the walls

and the pink tile from the main room.

Okay, and so is it fair to say that you did not create

separate units or the existing conditions

at the property?

We purchased the property in my 2009, December of 2004.

We bought it with the intention of becoming the first time

in the room, we created a third.

And our intention was to renovate the house

and make it mathematically feasible and nice for someone

to want to live there.

That was our goal and then we ran off into an issue

where we couldn't run the house out

because we had to resolve the situation.

So we're hopeful that we can start moving forward

and run the house out.

Meanwhile, we've been very busy with tackling painting

and the cosmetic project.

Sure, sure.

And yes or no, are the two units separately

metered for electrical utilities?

They are, okay.

The meters were upgraded in the year 2017.

The electric companies that they were not required

to have a permit to do that kind of work.

But those meters replaced old or pre-existing units.

Okay.

So now we're gonna get into a little bit

about their leaf requested.

And we'll summarize this just in the interest of time here.

Section 7-309.2V of the zoning ordinance

provides special exception criteria

to permit multifamily dwelling uses in the RM district.

Further section 7-323.6B of the zoning ordinance

provides special exception criteria

for all special exception requests in the city of Harrisburg.

Are you generally familiar with those criteria

as they were stated in an narrative

in support of this application?

And with the exception of the dimensional variance

requested by this application,

does your continued use of the property satisfy

all the special exception criteria required

for multifamily dwellings in the RM district?

Yes.

Okay.

Is this continued use of the property compatible

with the neighborhood and the surrounding RM district?

Yes.

Section 7-309.2V of the zoning ordinance

would require a minimum of 2500 square feet

for the existing dwelling to operate

as a multifamily dwelling.

The application requested a 676 square foot

dimensional variance from that special exception criteria.

Did this use as a two unit multifamily dwelling?

I think I heard you say earlier that it pre-existed

your ownership of the property, is that correct?

Okay.

And you did not create the existing conditions

at the property or the two units, is that correct?

No.

Okay.

Would converting this property back into a one unit

create a significant hardship?

Yes.

Okay.

Ms. Updike, finally, did you review the narrative

and all of the exhibits that were submitted

in support of this application?

Yes.

And to the extent applicable,

do you agree with and adopt those arguments

and statements as your own?

Okay.

And so with that, I have no further questions

for Ms. Updike, and we would request that the zoning

hearing board vote to approve the relief requested

in the application to permit the continued use

of the property as a two unit multifamily dwelling

in the RM district.

And I'll turn it back over to the board

for any questions they may have for myself

or for the property owners.

Of Ms. Updike.

This is the first for me.

I don't have any questions for you.

Okay.

Okay.

This is pretty well laid out.

Thank you.

Thank you very much.

Mr. Hobbys, do you have any questions?

I don't have any questions either.

Okay.

Thank you.

Ms. Cameron.

Okay.

With that being the case,

there's the board wish to either make a motion

or do you want to hear?

Oh, yeah, yeah.

Sorry about that.

We have individuals here from the,

from the city of Harrisburg.

Do you want to come up and make any statements?

Good evening.

My name's Dan Lepova.

I currently live at 3108 North Second Street.

That's been for the last five years,

31 years ago.

I moved into 3119 North Second Street.

So I have been on this block for 31 years

and in all that time,

this has been a two family.

New that.

I think possibly one of the things that happened

and I speak from the experience of being

the former Planning Director and Director of the

Department of Building and Housing Development,

that when the subdivision was done,

and I think that's part of the record,

generally the IT department,

then known as that of processing,

would create two new records.

So that's probably where the old records

went away somewhere in another part of the mainframe.

Anyways, I'm here to say this has always been a problem.

I've been there for 31 years.

It was never a question.

So I hope that you vote to confirm this.

Thank you, Mr. Lepova.

Anybody else?

I don't like to say anything.

Just tell us your name and where you live.

My name is Sherry Feezer and I live at 3122 North Second Street.

Which is directly adjacent to the subject property.

I don't really like to win up, Dan.

But my husband and I have lived there for 42 years.

And it has always been a two-unit property.

There has always been the second floor rental.

And the first tenant we met when we moved into our home in 1932.

We had already been living there as a tenant for 10 plus years.

And there might have been others before her.

So it's not really a conversion.

It is what it has always been.

The only other thing I'd like to clarify in favor of Miss Uptiac and Mr. Munoz

is the degree to which they are rehabbing the property.

Miss Uptiac mentioned, excuse me, cosmetic works that they're doing.

We have been witness to various levels of improvement that they've done.

It's nothing I would call cosmetic.

It's nothing short of an overhaul with prime materials, new flooring, tile work.

It's the sort of home they would prepare to live in themselves.

And I think it will draw the type of tenants who will likewise care for the property.

It's been a great boom to those of us who live in the neighborhood because the property had been deteriorating.

The former owners were first elderly and then not well.

And so the degree of deterioration has progressed over the years.

And it's their intent to not only rehab the inside, but to care for the total exterior of the property.

So I think speaking for even those who could not be here tonight who have also been privy to what's happening that it's really a great benefit to the neighborhood and is likely to remain so.

Thank you.

Is there anybody else?

Okay.

What's the board's pleasure if you want to.

I'd like to recommend approval requests.

2614 for 31 26 North Secondary with conditions set for special exceptions and variances by the Planning Commission.

Yes.

Second.

All those in favor?

All right.

Thanks.