civus
Hearing video

ZBA Hearing - December 14, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Dec 14, 20224h 42m

wholesale type purposes. So, warehouse storage, manufacturing, woodworking, and wholesale use

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since the 1930s, despite the residential zoning. The existing property also is not readily

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convertible to an otherwise permitted use in the RSA 5 residential district.

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No changes to the property are proposed at this time. Given the existing use, this is more of a

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legalization application. Mr. Menor was mistaken and under the impression that this was a permitted

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use when he purchased the property as it had been being used as a kitchen cabinet manufacturer and

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as it had been being used as a kitchen cabinet manufacturer and storage at the time,

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storage at the time.

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and he applied for this relief last summer immediately when he learned about the zoning

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issue. To streamline the process, I'd like to incorporate our exhibits, which is marked A1

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through A12, as well as the exhibit list for the record. As I mentioned, Luminor is here with me

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to answer any questions you have.

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So I'll move to Exhibit 1.

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We have included the deed for the property,

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which demonstrates that Luce Wholesale is the owner

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and their standing.

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We've included the tax clearance certificate

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and the notice of refusal,

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which again indicates that this proposed

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wholesale distribution and storage

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is not permitted in the RSA 5 district.

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We've also included our application for this appeal

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and the project information form that goes along with it at exhibit A4 and A5.

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We have at A6, the property posting photos.

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And here we have the aerial. So as you can see, this is located about halfway down the block

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between Dickinson and Tasker on the west side of South Seventh. The Kirk Ridge School is located

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up here. There's a corner grocery, pay as a supermarket down the street. There's some other

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commercial uses that are scattered along this block between residential houses. The property

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is adjacent to another warehouse style type building. So you can kind of see here

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which was recently sold but previously was being used to build custom cabinets and countertops

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when lou purchased the property as i mentioned his property was being used for a similar use

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which was very noisy and impacted the air quality in the area by comparison lou's wholesale has had

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a much lower impact on the neighborhood his business is only open during the day monday

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Friday from 9 to 4 p.m., and no large-scale deliveries are made to the location. There

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was a second facility outside of Philadelphia to handle larger shipments, so this location

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is primarily used just to sell to the local mom-and-top type convenience stores in the

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neighborhood. Here's a few more photos, and I'm going to jump to Exhibit A12, which I

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added, thank you, Hillary, as she wanted to give, she thought it would be helpful to give you guys

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a sense of what the inside of this property current looks like. So again, it's just a giant

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warehouse. It's a big open space and it's essentially used as such. Therefore, it wouldn't

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be readily convertible to any kind of residential use. It's been like this based upon historic

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records are very similar to this since the 30s. Why don't we adopt your testimony? Is the owner

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here? Sure. Lou, can you raise your hand? Lou? Yes. Hi. Hi. Could you state your name and spell

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please for the court reporter sure it's lewis minore l-o-u-i-s-m-i-n-o-r-e right do you swear

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or affirm to tell the truth the whole truth nothing but the truth i do proceed counsel

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so uh mr minore you've just heard how i explained what how the property is being used and that it's

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been used in this manner since the 30s we included some historic documents at the end that show this

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would you adopt everything that I said as true if you had been the one making providing this

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testimony? Yes, I do. Questions from the board? No, Mr. Chairman. No, Mr. Chairman. No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no issue. Thank you, Planning Commission. Thank you, sir. Good afternoon. David Fecto with

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the City Planning Commission, Mr. Chairman, and board members. The comprehensive plan recommends

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no change to the residential single-family zoning at this location. We would argue that

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the configuration of the property presents a clear hardship, preventing the applicant from

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complying with the zoning code. The City Planning Commission recommends that the board grant the

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proposed variance for wholesale, distribution, and storage. Thank you. MI 2022-004-385-1520-28

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South 7th Street, I vote yes. Thomas Holliman, my vote is yes. James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes. Thank you, counsel. Is there anyone still in the virtual

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audience whose 2 p.m. case has not been called?

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whose 2 p.m. case has not been called i see no hands or so we're going to take a five

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minute break and we'll be back all right chair thank you chair

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You ready Kareemah?

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okay chair looks like we have 43 attendees 43 start when you wish okay

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good afternoon my name is bill bergman and i will chair be chairing this afternoon's eba hearings

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with me is ishmael shaheed our board secretary president mr chairman thomas hallman our board

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member. He's here. James Snell, our board member. Present, Mr. Chairman. Also here is our attorney,

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Hillary Emerson, and our ZPA hearing supervisor, Kameem Quintana. Before we begin, here's our

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virtual format. Be advised the proceedings are being recorded by participating in your knowledge

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agreement to be recorded. A video will be available by contacting tonyasunkett at phil.gov.

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For the benefit of our sonographer, we ask attorneys and witnesses to identify themselves

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before testifying. If you're participating by phone, if you wish to testify, press star 9 to

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raise your hand and star 6 to unmute. To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And finally, the question answer box on the screen is not for comments.

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Any comments should be directed to our Executive Director, Tanya Sunkett.

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Let's look at what continuations we have.

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Number seven, MI 2022-004-142-2238 North 20 A Street.

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that case is continued is there any comments relative to that case in the audience

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i see no handshare are there any other requests for continuances

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i see no handshare okay i also have a few cases that we do not have exhibits for

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Number five, MI-2022-004-234-6729 Elmwood Street, DeConte Williams is the applicant.

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There are no exhibits first listing.

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I see no hands, Chair.

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So MI-2022-004-234-6729 Elmwood Street, that case is continued.

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And number eight, MI 2022-004-236-6618 East Roosevelt Boulevard, Muhammad Raymond is the owner-applicant, no exhibits, first listing.

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I see no handshare.

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So MI-2022-004-236-6618 East Roosevelt Boulevard, that case is continued.

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And also, case number two, MI-2022-004-110-9981 Varee Road, that case has been withdrawn.

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We're going to start today with case number six.

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MI-2022-004-230-7234 Erdrich Street.

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Zen Jin is the attorney.

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Letter of non-opposition from the Tecconi Civic Association with Provisos.

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Good afternoon.

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Good afternoon, counsel.

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So could you state your name and spell it, please, for the court reporter?

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Yes, my name is Zen Jin, Z-H-E-N, last name J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA, 19103.

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Yes, my name is Xinjin, Z-H-E-N, last name J-I-N.

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

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I do.

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But you identify your client in relationship to the property?

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Yes, we represent Chen Yi LLC, the owner of the property. Mr. Yi Chen is actually with us as well.

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Thank you. Ishmael Shahid, our board secretary, has a few questions.

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Good afternoon, Councilor. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed all of the required documents five days in advance prior to this hearing?

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I have.

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Thank you. Please share your screen.

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Thank you.

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I am sharing with the board the package that was previously submitted, including refusal, the non-opposition from Taconi Civic Association, a business plan for the tenant, photograph plans, and related documentation required for zoning purposes.

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This is an application for a use at this location, which is previously used in a very similar manner.

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We are seeking to use this as essentially an academy.

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It's a relation both to sports as well as class education for kids in preparation for educational purposes beyond primary and secondary school.

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So it's a private educational institution with sports activities involved as well.

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It is an after-school program.

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This area is zoned RSA 5.

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However, I think from the photographs, we can see the hardship that exists at this property.

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This property is previously used by a church.

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And in fact, the building in question that we're trying to make use of is the primary church building that is on the corner.

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This building is a large structure and certainly is not fit for single family use.

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and already has all the facilities that my client and the tenant would need for the use that's

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intended, including classrooms and a basketball court. As you can see, it's already divided into

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rooms. There are classrooms built in. There is a basketball court within the space. All activity

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will take place within the space itself, within the church space. We are going to add lighting,

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security camera. And there are various items of proviso the community asked for with regard to

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managing traffic, drop-off and pickup of the kids, as well as maintenance of the property and trash,

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all of which the tenant and the landlord both met, the owner and the tenant both met with the

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community together and has agreed to those particular requests. And we will make sure that

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those requests are met, including controlling traffic during drop-off, pickup, et cetera.

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As you can see, majority of the space is already fitted out in a way that would be conducive to the use that's intended.

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There are plans submitted, but there are really existing plans of the space, including downstairs with the classrooms.

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One or two of the rooms may be converted to an office use, but no structural changes will be made to the property.

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So in essence, we're asking for a use that once existed at this location, and we're seeking to put the space back into use.

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It's been vacant for some time, and the landlord has tried various ways to make use of the property.

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And this has been probably the best option to come along in some years.

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So we do ask the board's consideration in this request for a variance.

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And again, we do believe there is a hardship to the land here due to the existing large structure and existing building that is on the property.

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As you can see, the community is in non-opposition.

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I'll be happy to answer any questions.

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Thank you, counsel.

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Would you want to have your testimony adopted, please?

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Yes.

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Mr. Yi Chen, can you please raise your hand virtually to be identified?

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Hi, Mr. Chen.

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Could you state your name and spell, please, for the court reporter?

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Mr. Chen, please unmute yourself.

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Sir?

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He might be having difficulty unmuting.

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Okay. So, counsel, you're an officer of the court and we will accept your testimony.

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Questions from the board? No, Mr. Chairman.

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No, Mr. Chairman. No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, we have Alexis Tingle.

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Okay.

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hi how are you hi could you state your name and spell it please for the court reporter

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Hi, how are you?

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Hi, could you state your name and spell it, please, for the court report?

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yes first name alexis a-l-e-x-i-s last name tingle t-i-n-g-l-e do you swear or affirm to

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tell the truth the whole truth nothing but the truth yes proceed so i own um one of the properties

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across the street it's my primary residence they've been operating out of this building

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for about a year and a half with no zoning variance, no rental license, nothing like that.

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I attended the community meeting. I'm actually the only person on the block that gave them support,

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but everything they told us at the meeting doesn't appear to be true because we were curious to who's

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been operating because it's been really disruptive to our block and they couldn't tell us who was,

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but they promised us a bunch of changes were going to be happening. And about like a day or

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so after the meeting, they continued to use the property the way that they have been and it's

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been disruptive to the block. And the person who's supposed to be the tenant has actually been

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operating in that building for, like I said, probably a year and a half now. They probably

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have 50 or more families in there at any given time from about 9 a.m. to anywhere up to 7 p.m.

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I've been told, you know, if I want to park on the block, I should speak to them to reserve

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parking. They stand in the street and block parking and create all this traffic and everybody's

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honking and yelling. They're pulling into the back alleyways and blocking that. And then my

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neighbors are honking and yelling and asking people to move. And it's just been so disruptive

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for like a year and a half. No one had any idea what was going on until we had the association

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meeting. The lawyer said that he didn't represent the owner, but he was representing the person who

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was applying for the variance to be able to lease the property to host the school. But what they're

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really having is just like tons of families come, you know, throughout the week. I mean,

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they're bringing food they're bringing all these things and they're in there for hours and hours

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and hours um and uh like I said they create a lot of like noise and things like that on the block

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and I work from home so it's difficult to take phone calls with clients when there's so much

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noise coming from the block everyone's honking um a lot of my other neighbors feel the same way

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and it's just I don't appreciate not being like them not being up front with us about like what

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their plans for the building are um and so like I want to revoke the support that I gave them

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initially but the taconi civic association did give support right uh yes okay oh thank you for

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your information thank you for your call is there anyone else in the virtual audience

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yes i'll give you a chance in a minute i'm sorry we have felipe last name and then with the s

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okay felipe could you state your name and spell it please for the court reporter

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Good afternoon. Yes. My name is Felipe Sevilla, F-E-L-I-P-E, last name S-E-V, as in Victor, I-L-L-A.

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

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Yes.

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Proceed.

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Thank you. Yes. I was also at the meeting that Alexis attended as well, as she mentioned.

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at the meeting there was promises given to us and uh one of the main the main thing mentioned

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at the meeting was that any use because the legal use that was going on would be suspended

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right away and nothing else would be happening at the property until this meeting is

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is is being taking place which is today that promise has not been um has not been accomplished

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ever since then there has been use of the property use of the building um every saturday

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every saturday and sunday there's families going in for looking like some kind of activity sunday

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school some kind of program is going on in the place at the moment and it does affect our parking

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right i um i have a five-year-old child that i take to school and sometimes when we when i go

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to go pick her up or by the time I come back

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