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Hearing video

ZBA Hearing - April 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 17, 20245h 58m

along the entire sidewalk along his property,

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and he cleans up in the gutter in the street as well.

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One of the suggestions was from one of the company

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or nearby the Washington Square community organization,

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which was not part of this really,

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but he's more than happy and he expressed,

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you know, sure, I'd pay someone for a few weeks

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to come in and keep the place clean

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and that will keep people, you know, kind of with a learning experience, hey, don't drop stuff.

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You got somebody out here that that's all they do. We talked about trash cans on the outside.

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He keeps one on the inside. Trash cans on the outside encourage loitering.

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And we're looking, you know, maybe the city would put one up. We then met with the Lower

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Moyamensing. And the number of people at that meeting were the 10 board members and five

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residents. Two of the residents, I believe, were a married couple. And again, their issue was

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trash. And you'll see, and he didn't know I was coming to pick up, you know, coming to take

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pictures on these days. But you can see the place is clean. You know, sure, is there a can or

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is there a can or something that somebody occasionally leaves?

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something that somebody occasionally leaves, and he goes out and he checks and he makes

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And he goes out and he checks and he makes sure.

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And he cleans in the morning, he cleans during the day,

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and he cleans in the evening before he closes.

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And they are not open late.

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They are open to, I believe, 8 p.m. during the week and 7 p.m. on Sundays.

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And the area you will see is, while it is very residential and it is RSA 5,

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There are a significant number of businesses.

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This is across the street.

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It is a laundromat, a large laundromat, and he is willing.

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He doesn't have access.

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There was a complaint by one individual that said, oh, people go over there and drink while

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they're doing their laundry.

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Well, he's more than happy to go over there and say, hey, guys, you can't do that.

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But he doesn't have a right to do that.

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He doesn't own that property.

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We've been trying to get in touch with that owner to say, hey, you know, we're happy to

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work with you to try and keep, you know, if they come out and they're drinking a soda

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and having a sub, that's, you know, great.

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But they can't sit outside, even on, I don't even know if they can on private property

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in Philadelphia and drink.

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And actually, I guess they could, if they're sitting on their own porch, they could be

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having a beer out there.

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So that's not really within his control.

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um there was one instance that someone raised uh that there were uh two individuals hanging

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out front drinking right right by the store in front of the 710 property and i spoke to my client

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he would he would verify this through testimony that at the time it occurred based on when these

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pictures were taken it was back in february he and his wife and family were out of town

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at a funeral out of the country, and they had somebody running the store for about two weeks.

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So, yeah, there might have been a couple of hiccups, but they are well-liked in the neighborhood,

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and as I said, we had five neighbors show up, and based on those five neighbors,

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that, and I guess the board, that is what incurred their refusal, and I should note,

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And I can show one of the exhibits is an email between myself and Todd Schwartz, the zoning board guy at Lower Moyam-Ensing, where when we got off, when we were getting ready to sign off from the community meeting, I said to Mr. Schwartz, I said, Todd, you know, if there's, give me some parameters.

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Give me something, you know, that my client could do what you would like to do, you know,

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clean four times, whatever it happens to be.

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Give me some proposals that my client and I can look at.

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We can get back to you and see if we can come up with an agreement so that, you know, my

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client is able to operate a good, safe business or continue to operate.

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And, you know, we can go from there before we get to the hearing.

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And this hearing was on March 11th.

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one of my exhibits notes March 14th, but it was March 11th. I followed up with him. I never heard

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back from him. Um, and you will note that the date on the refusal letter is, um, a couple of days

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ago. So we had no idea we've had no contact. We've, you know, my guy has made effort, but, um, we've

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gotten nothing back. I will also note that we have over 400 signatures from people in the area,

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customers in the area and the neighborhood in support of this zoning application. So we have

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some 400 people, I believe it came out to 414, that are in support of this, yet only five people

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showed up at the community hearing or at the community meeting.

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So I'm not sure, I don't believe that this expansion of the variants is detrimental to

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the neighborhood.

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In fact, because of the way the beer deliveries are, because of the closeness in the business

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in the event of any emergency, it will actually make it more safe for the citizens and the

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neighbors and the customers in that area because it will allow more space, more ability to handle

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the customers. And at the same time, it's promoting residential by having the apartments upstairs.

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So why don't you have your client adopt your testimony?

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I can have him do that.

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Let me have him do that.

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Mr. Yuan, have you heard each and everything that I have said?

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Yes, I have.

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Has each and everything that I have said been true?

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It's true.

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Yes.

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And is there anything I misstated or said incorrectly?

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No, you said correctly.

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So what has happened and what you stated.

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Okay.

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Is there anything that you would like to add?

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I think one thing that I would like to add is when the beer is from outside, at outside

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I think it's

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one thing that I would like

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when we unload the beer, the thing is we have people stealing and people robbed.

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It means right there you stay in front of me and walk away.

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You can do nothing about that.

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It's called small problem.

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And when we call to police 9-1-1, they say, no, don't follow up.

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I mean, don't follow them.

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Don't check them.

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Just let go.

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Believe it or not.

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That's dangerous for us.

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And have you had a lot of theft?

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Yeah, we have when the VA is outside.

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Okay.

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And let me ask you one more thing so that the board understands.

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What is the condition of these two buildings, 704 and 710?

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I think it's an old house, an old building, so right now we need to do a lot of repairs.

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It's not just repairs, just take the whole thing out, like the floor, it's a wet shape.

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We need to repair the floor, the wall, and also the roof, it's been leaking, so the roof.

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Would it be fair to say that you need to take everything out of these buildings and rebuild to make them usable?

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Yes.

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And safe?

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Yes.

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It means that we better do it that way.

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Okay.

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So based on this, everything that we have presented is true and correct.

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Yes.

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Best of your knowledge.

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My knowledge, yes.

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Okay.

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So questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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not at this time mr chair questions or comments from the virtual audience

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yes chair i have a hand up by the name of jill tropea has been allowed to speak

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sure hi could you please state your name and spell for the court stenographer

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hi my name is jillian tropea j-i-l-l-i-a-n-t-r-o-p-e-a right do you swear or affirm to

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tell the truth the whole truth nothing but the truth i do are you a neighbor yes i am i live on

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7th street diagonal diagonally from quarter beverage please start your conversation um my

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husband owns a garage right next to maytag laundromat so normally we park our truck there

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and i don't know if i could turn my camera around to show you but um this is the truck in front of

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my house why i can't i can't see it but just give me an idea what the what the problem is tell us

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what the problem is so he has people going in the store they call me out they stand in front of our

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garage that we're trying to currently sell and they pee on our wall they were peeing on our

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trucks or throwing the beer bottles in the truck i mean it's just a mess i'm not just claiming

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porter beverage because it's seventh and snyder so so it's not just one it's it's it's both i mean

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And right now, I'm currently standing on my step, and I'm watching two Mexican guys walk up, and one has a beer in his hand.

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And they're going to drop.

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And they're coming from Sevenths and Porter.

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Yeah, Porter, Beverly.

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All right.

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Well, thank you very much.

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We appreciate your input.

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Thank you for calling.

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Thank you.

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Who else do we have in the virtual audience?

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There are no more hands.

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Okay.

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Planning Commission.

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Thank you, Chair Bergman, and good afternoon. David Vecto, F-E-C-T-E-A-U, with the City Planning Commission.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, sir, I do.

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Please proceed, David.

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Thank you, sir. Mr. Chairman and board members, the comprehensive plan recommends no change to the residential single-family zoning at this location.

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This property has a documented history as ground floor commercial with second floor residential.

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And the multifamily use appears to be an existing condition at 710 Porter Street.

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However, even without the desired expansion, the appellant would still be able to operate their business and derive value from their property.

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So the City Planning Commission recommends the board grant the variance for multifamily use, which documents an existing condition,

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but deny the expansion of the retail sales of food, beverages, and groceries.

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Well, we're going to take this under consideration.

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I'm going to back on next Wednesday and talk in an executive session with the members of the board,

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and we will vote next Wednesday at 2 p.m. on your request.

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Thank you very much. We appreciate it.

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and thank you to the interpreter for standing by

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and we appreciate your help.

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Thank you.

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All right.

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Thank you.

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Thank you.

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Okay. Number three, MI 2023-005-925-1715 of the rear of McKean Street. Jared Kline is the attorney. There's a letter of support from the East Point Breeze neighbors.

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Okay.

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Number three.

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Jared Kline has been promoted.

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Good afternoon, Mr. Chair, members of the board.

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Counsel, could you state your name and spell, please, for the court stenographer?

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Certainly. It's Jared, J-A-R-E-D, last name Klein, K-L-E-I-N, from Knockamson, PC, 1 South Broad Street in Philadelphia.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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

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Yes, my client is a brewery ARS, and they are the tenant of the first floor of this property.

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And our vice chair has a few questions, sir.

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Certainly.

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And as a nun, counsel, do you agree to weigh the reading of the refusal or stipulate to its accuracy?

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Yes, I do.

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Have you emailed them all the required documents and exhibits that is needed five days in advance of the hearing?

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Yes, I did.

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There was some technological issues with the transmittal, but I spoke to Ms. Emerson this morning and believe everything is in order.

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Great, great. Thanks, counsel. Please proceed to share your screen.

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Thank you very much.

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So we're here on behalf of Brewery Ars, which is an existing brewery in Philadelphia.

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They have a tasting room and brewing facility in the West Paschalk area.

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And they're moving into or proposed to move into a location that I actually was before the board last week on.

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This this this property, as I mentioned, used to be the Abbott's Dairies building.

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It was then a cabinet manufacturing facility for the the last lengthy time period.

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The cabinet facility has moved out and the building is being repurposed into these types of of maker spaces.

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The refusal that we got is for a sit-down restaurant.

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The site is zoned I-2, although everything around it, it does not share the industrial zoning.

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This particular parcel remains zoned I-2.

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And the proposed use of the brewery, the brewery standing alone with the manufacturing of beer would be an approved use.

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But this concept also includes dining to go with the brewery.

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There is a Mexican restaurant that is going to also accompany them in the space and provide food service, and that's what's driving our refusal here.

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To orient the board, just for context of the site, this is where we are here.

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As I explained, this is McKean Street down here, 1715 R fronts onto McKean here.

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