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Hearing video

ZBA Hearing - October 7, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 7, 20205h 6m

Board Administrator Tanya Sunkit and Board Attorney Sharon Saleta are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings,

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I will go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, for the benefit of anyone participating by phone,

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we ask that attorneys and witnesses identify themselves prior to speaking or testifying.

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Third, we'd like to advise everyone that this proceeding is being recorded

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and that by participating you acknowledge your agreement to be recorded. Fourth, for anyone

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participating by phone, if you wish to testify, you must raise your hand by hitting star nine

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and then star six to unmute yourself. I'll repeat, for anyone participating by

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phone, if you wish to testify, you must raise your hand by hitting star nine and

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then star six to unmute yourself. Finally, to enter an appearance statement

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call Google 267-270-5548 and leave your email address and the address of the

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property at issue. I will repeat, to enter an appearance statement, call Google 267-270-5548

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and leave your email address and the address of the property at issue. With that being said,

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and before we begin calling our first case, I'd like to ask if anyone is requesting a continuance

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or withdrawal of an appeal listed for this afternoon's hearing? If so, please raise your

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hand at this time. Sherry may not have seen it, but I did send an email letting you know that

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there were continued... Okay, thank you. I have that list. I just went off. Okay, thank you.

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henry clinton

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mr clinton uh i think you're you were were you on this morning or not i forget

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um anyway identify yourself with a record henry clinton uh 1313 south 33rd street phillip pa

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19146. And do you swear to affirm to tell the truth, the whole truth, and nothing but the truth?

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I do. I believe you're requesting a continuance for 6463 Malvern? You are correct. Okay. All

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right. So noted that MI-2020-000376-6463 Malvern Street is continued. Thank you very much. Thank

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you. I have also a request for on page number two. Hold on, let me get my stuff together here.

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What did I just do?

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Okay, MI-2020-000867

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2448 Master Street is continued, and number six MI-2020-000979, 706

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Washington Avenue is continued, and I believe that we have not received any

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exhibits for MI 2020-000978, 1600 North 52nd Street. If that is accurate, that case will be

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continued also. If anyone believes that a case is being continued in error, please raise your hand,

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or if you wish to request a continuance or withdrawal, please raise your hand also.

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no hands no hands are up okay uh so confessor we will begin with uh i believe number three on our

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no hands no hands are up okay

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list um master street number two

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master street is being it was continued continue okay i apologize number three

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Okay, MI 2020-000983, 2345 North Reece Street.

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I believe Seng Jin is the attorney.

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Good afternoon.

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Good afternoon, Zen.

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you agree to waive the reading of its refusal and stipulate to its accuracy? I do. Do you swear

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in the firm to tell the truth, the whole truth, and nothing but the truth? I do. Okay. Have you

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emailed an exhibit packet with the required documents, proof of ownership, proof of tax

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compliance, copy of the refusal, referral, photos, and plans five days prior to this hearing? I have.

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Okay. Have you met with the RCO and have a letter? Yes. Great. Please identify yourself with

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record, you may proceed. Yes, Zen Jin, Z-A-G-N, J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838,

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Philadelphia PA 19103, here on behalf of the applicant, WD Development LLC.

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My client is also here with us. I will ask him to verify my testimony at the end of the presentation.

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If the board is ready, I will go ahead and share the screen of the information we submitted

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to the board.

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Please proceed.

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So five days prior, we submitted a packet of exhibits including a refusal, the community

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letter from APM, certificate of tax compliance deed, application for appeal, project information

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sheet, photos, and plans.

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I want to first address the community letter before moving into more details.

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The refusal itself is based on a subdivision of the lots and the specific refusals are

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addressed on the plans itself. The community issued a letter in opposition. However,

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I want to point out to the board that we asked specifically for the community's basis for the

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particular opposition and the primary concern seems to be real estate taxes and increase in

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rental and home sale prices. There's mention about impact on a park that is about a block away but

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that is they're worried about dust during the construction. They're saying that the single

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family dwelling project does not offer safe space for area children. I'm not sure how we can address

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that but we're certainly happy to and their general consensus is that they don't want new

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construction on these lots. So I'm going to go right to the site plan at this point and explain

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to the board what the subdivision is about. So this particular block is interesting in that it

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has various sized lots but some of the lots are purely residential and most of the block is

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residential, my client happened to have a rather large lot that is 32 feet wide and also 73 foot

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deep. Even with the proposed subdivision, which is simply cutting the lot into the 16 foot wide

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lots, which is actually more consistent to what is normally on the block, including across the

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street and further down the block, it still produces a large lot of over a thousand square

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foot. It is a little bit less than the 1440 that would be otherwise required to have a lot. However,

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we believe that to keep this lot as a full size parcel and try to develop only that parcel would

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make the house far too large for the neighborhood. As you can see, if you look at the photos of the

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area this this is a residential block with some mixed commercial buildings on

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certain parts and there are some vacant lots as well but most of these buildings

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are in fact in even smaller lots as far as the width and depth are concerned so

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we actually have even after subdividing some of the largest lots in the

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neighborhood there are some unique aspects of our lot that needs to be

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pointed out when it comes to the refusal. One of the key refusals is the front-loaded garage that

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is being proposed based on our concept. The reason my client is proposing garages is because on this

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particular side of the block where our lots are located, one is that it

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where the lot, our lots are located. One is that there's no parking allowed on this side. The

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parking's only on the opposite side of the street. As you can see, people are illegally

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parking on the sidewalk, but they're not actually supposed to be parking there. And the other

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structures on the block further down the street actually also have garages for that reason.

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By adding these garages, we're not actually taking away parking from the street. What we're actually

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doing is taking away cars from the street and adding parking to the area rather than taking it

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away. As far as these are single-family houses, I think the two additional parking garages, one for

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each single-family house, would only be to the benefit of the community and not a detriment,

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particularly considering that the owners otherwise would not be parking on this side of the street

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be fighting for additional on-street parking across the street. In addition, as you can see

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from the rendering, my client took in consideration of height when they designed the building,

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trying to keep the height level more consistent to the existing three-story structures. Although

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across the street are mostly two-story structures and the block has inconsistent overall

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height in some of the structures, we're trying to keep the height down to a 34 foot level

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to try to keep things much more consistent to the neighborhood. These again the lot coverage

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with the maximum allowed coverage variance we're talking almost a very de minimis amount of 1.6

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or 7 percent difference from what is by right of 25 percent.

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So these again are single family structures. The floor plans are here. I know I'm going to go ahead

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and zoom in a little bit to make it a little bit easier to see the overall layout. So there's a

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half basement because again of the parking pad, which will have essentially a rec room with a

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powder room. You have your family garage and a powder room on the first floor along with some

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storage and then moving up we have the living room kitchen and then finally the bedrooms on the

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top floor so these are again single-family houses designed for a single-family zoning district

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once again with regard to the specific opposition from the community none of the opposition comes

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from the idea of a single family house.

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The idea that the main thing they oppose to

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is the idea that these houses will raise

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the real estate taxes in the area

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and also that they would be potentially raising

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the overall value of the homes in the area

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and therefore costing existing owners

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a little more in the real estate tax.

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And we have directed the community members

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to talk to the council council office about protecting the real estate value as far as taxes

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however ultimately that still was the main reason we ended up with opposition

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on the vote from the neighbors and we did present in detail about the same project ideas again the

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open area is a very small difference from what is required 282.6 versus 295.

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So once again these are what we believe to be well-designed and positive single-family development

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to the area and these again even subdivided will be on some of the larger lots on the block.

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I am certainly happy to try to answer any questions from the board or if you

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want me to redirect to a particular part of the documentation I will certainly

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jump to that for you that you have a witness I do my client should be here

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mr. mark Gersh

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you can unmute yourself can you hear me i'm sorry yes yes sir please identify yourself with a record

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spell your first and last name and give us your address sure my name is mark gersh m-a-r-k g-i-r-s-h

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My address is 1006 Yorkshire Drive, Yardley, PA, 19067.

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And do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you.

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Mr. Jinn?

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Thank you.

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Mr. Gersh, you heard my presentation to the zoning board.

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Can you verify that my facts as presented are true and correct and adopt my testimony as your own?

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Can you verify that my facts as presented are true and correct?

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I do. I do agree with your testimony.

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The only the only thing I would say is the garage, the houses with the garages would be right next door to what we're building, not down the road.

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Oh, thank you.

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Anyone else? Any questions from the board?

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no no no anyone else who would wish i would like to testify in this matter please raise your hand

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here we have sloan folks from the council person's office

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the folks good afternoon i believe you're still under oath please identify yourself for the record

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good afternoon chairman de chico zba board sloan folks office of councilwoman maria

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quinones sanchez room 508 city hall the applicants having met with the coordinating rco and having

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received a letter of opposition the councilman also opposes this variance request thank you

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thank you um anyone else

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no hands thank you planning commission this is uh ron bednar city planning

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where's the firm to tell the truth the whole truth nothing about the truth

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i do thank you ron please proceed uh the property is indicated for single family

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residential use on the city plan given the site constraints we have no

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objections to the granting of the variance provided no front-loaded parking

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thank you uh mi-2020-000983 2345 2345 north reese street my vote is yes my vote is yes

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my vote is yes my vote is yes good luck thank you have a good evening

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Okay. Mr. Chairman

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Rising Sun, right? Number four?

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Yes. Okay.

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MI 2020

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000980

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4760

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Rising Sun Avenue.

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I don't see an attorney's

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name.

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Here we have Justin

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Crick. Justin, you've been promoted

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to panelists. You may share your

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great in a mutual way to be sworn in yes i am here thank you

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yes justin crick oh your name please you swear in a firm to tell the truth the whole truth for

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nothing but the truth i do do you agree to waive the reading of its refusal and stipulate to its

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accuracy yes have you emailed an exhibit packet with the required documents proof of ownership

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proof of tax compliance, copy of the refusal, referral, photos, and plans five days prior to

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this hearing? Yes, the tax clearance certificate was forwarded earlier today, but all the other

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requirements were forwarded several days. Yes. Do you have a letter? The letter was forwarded by

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the RCO on July 15th to the board. Thank you. Please identify yourself for the record. You may

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proceed. Yes. Thank you, members of the board. My name is Justin Crick. Last name is K-R-I-K.

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my address is 1500 john f kennedy boulevard suite 630 philadelphia pennsylvania 19102

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i am here today on an application for 4760 rising sun avenue the property is a cmx1 use and we it is

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currently operating as on the first floor a bar and lounge and the applicant is

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seeking to establish a separate business with the upstairs portion of the

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property to use as a banquet hall or as an entertainment venue as I will show

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you here the the only application or refusal that we received primarily was

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the the refusal for use and then a an accessory parking issue in which we

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don't have any proposed parking on the site but we have explained and as I will do a diagram for

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you shortly or show you shortly there is adequate parking that we are using located around the

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corner which holds up to 20 cars and has additional flow of up to 10 cars located along the nearby

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Howard Street. The property the owner of the property Mr. Castillo who is present with us

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today has owned this property since approximately 1999

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and has been operating it in similar capacities with

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prior approval from the board however at this time

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he does need approval to continue the use for live entertainment and the music

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in the upstairs portion of the building we have

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We have, I have the deed here indicating this is just a deed of confirmation, but further within the deed, there is language as to how he acquired it.

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I have the deed here indicating this is just a deed of confirmation.

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What I'm showing you now are maps of the surrounding area so you can orient yourself with Rising Sun and West Loudoun Street.

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The property actually consists of three buildings that have been combined several years ago.

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You can see from an aerial view that that is a continuous use across those three properties.

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um and i'm going to give you some some just a perspective of the property here this is along

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rising sun avenue and this is along uh loudon street uh the property has been um essentially

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what we're trying to do when we met with the neighborhood was address their concerns of the

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use of live entertainment um this is the these are pictures of the existing first floor which

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