Ishmael Shaheed, my vote is yes with proviso.
Thank you, counsel.
Thank you so much.
Number eight, MI 2023, 003-083, 3100 Frankfurt Avenue.
David Garcia is the attorney.
At this point, we do not have an RCO letter as of yet,
but there was a meeting held 11-2-23 by Harrogate Civic Association.
Mr. Garcia.
i'm sorry chair um david garcia was promoted to panelists i'm not seeing them now
okay there they go oh there he is all right good morning mr garcia
All right. Good morning, Mr. Garcia.
Mr. Garcia.
I'm sorry, Mr. Chairman, as I was being allowed in, my computer was just scrolling and scrolling and scrolling.
I caught your last comment about no letter from the RCA would be Harrogate Civic Association.
We haven't received one either.
Okay, sir, could you state your name, please, and spell for the court's sonar?
Yes, it's David Garcia, ID number 54351, last name G-A-R-C-I-A.
All right, do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do, Mr. Chairman.
Our vice chair has a few questions, sir.
good morning counsel do you agree to with the reading of the refusal or stipulate to its
accuracy yes i do have you emailed in all the required documents and exhibits that is needed
and required to proceed with this case five days in advance of this hearing yes sir
thank you please proceed and share your screen
uh members again the property being located at 3100 frankfort avenue that's on the corner of
Frankfort Avenue in East Clearfield.
The owner is
Levy 3100
LLC. Moore Levy
is the sole principal
for the LLC. This has been zoned
as a commercial mixed one.
The various application
we're seeking is for
the operational convenience store
on the ground levels plus
four apartment units that are above.
Let me just get this.
the refusal
which is on page two it was refused because apparently of the code you're prohibited from
having a full-time family household living adjacent to an rs5 zoning district my client
purchased this building back in May of 2018. And historically, it has been used as a commercially
mixed used building since I believe, February of 1973. At some point, the lower levels was
a variety store, also had a retail use furniture store, but always for the four apartments.
I looked at the BRT or at the Atlas, and there were rental permits issued there back in March of 2004 and September of 2006.
When my client purchased this building, it was basically, well, I don't want to say abandoned, but it was certainly empty.
And it had originally at some point had a laundromat.
Again, what my client wants to be permitted to do here is to have a convenience store down at that first level with the four other apartments above it.
If I can, oh, where's my, oh, excuse me.
I'll go to the drawing at page six.
That will make more sets out of this.
Here are some of the prepared drawings that were filed.
Starting from my left, where I'm scrolling with the hand, this would be the cellar for
the basement.
as you can see there's only uh there's an exit at the end this would be clear field where my
hand is scrolling and in the front where the gate is open oh this is yeah uh this area here that
would be frankfurt um this would be the second i mean the first level this is where the commercial
area would be. Here would be the main entrance. Again, this is Frankfurt. This is Clearfield.
This is an exit, a cellar exit on the side. These darkened areas are the wall separations,
but there's one commercial space. Here's another. These are the steps,
Here's another. These are the steps, and you'll see it in pictures I show you later on, but these are the steps that lead up to the apartments up on the second floor, second and third floor.
and you'll see it in pictures I show.
And again, these are all the commercial space used, and this is the exit door for that first floor, or at least for this area, that office at that area.
this again will be the first floor if I could just scroll down
again this is the stairway
that leads down that would lead down to the exit
well they have it as unit 3
here's unit 2
and here is unit 1
and all the exit areas if you could follow the red lines those are the ones that lead to the
exit and all the other apartments not but they oh here they are all all of them have this um if we
look on the second floor again it is a smaller unit but this is unit four and again here are
stairways for the exit if i could just go to some more of these
i went through the drawings there is why is this not oh
this is just starting at page seven this is just a project info um well you know mr garcia i think
could be why don't you show us what their property looks like now yeah that's easier for us to
understand that's what i was getting at i mean our package didn't include a copy of the deed even
though it really wasn't yeah we have all that and you have the tax clear it also um mr chair but let
me just go straight to the horse's mouth here
Here's a photograph of the front again, this being Clearfield and down here being Frankfurt.
This is looking north on Frankfurt, the building is here.
you know this photograph is the one i have showing of the hearing notice
why don't you turn that again turn that for us yeah that's what i'm going to do
i will um i will confess it's somewhat blurry that's fine but
there's mr garcia what mr garcia you're saying there was always commercial on the first floor
and the four apartments above?
Absolutely, Mr. Chairman.
That's historically what's been at this location.
Now, I do have some photos of the interior.
If I could just scroll down.
Again, this just shows, let me see if I can reduce it.
This door here is the exit for these units that were up here,
the apartment units on that second and third floor.
this is a better picture of it this is one of the exit doors for this commercial space obviously
here's the the primary entrance again there's another photograph of that area that's looking
towards the store south on frankfurt i pulled this one actually yesterday this is one of the
the photographs on google but let me see if i can show you the interior i'll just scroll down
that's just a notice whoa i thought i had it oh oh they had added that
just your indulgence mr chairman i thought i had put in the
I'm going to stop sharing this because I think these
photographs of the interior are another location, which obviously I'd like you to see.
So why don't you bring your client on?
Yeah, Mr. Levy should be on. Okay.
Mr. Levy, are you there?
Mr. Levy, could you please, Mr. Levy, could you state your name
and spell, please, for the court stenographer?
Hi, good morning. My name is Moore Levy, M-O-R-L-E-V-Y.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
I do, Your Honor.
Counsel, please proceed.
Yeah, Mr. Levy, good morning. You've heard my presentation before the board today?
Yeah, Mr. Levy, good morning. You've heard my presentation before the board.
Yes, sir.
And is my, the statements I have made, have those been accurate?
Yes, sir.
Yes, sir. Can you hear me?
Yes. And Mr. Levy, would you adopt my statements as yours?
what mr levy i'm here i'm here i said yes would you adopt the statements of the presentation i
made the board as though it was yours yes sir so it's always business commercial uh
commercial first floor and a four apartment on the top okay thank you questions from the board
no chair questions or comments from our attorney hillary embers
not at this time mr chair
questions or comments from the virtual audience
yes chair we have a guzman they have been allowed to speak
okay i please state your name and spell it for the court stenographer
okay um my name is tessie on behalf of the owner of the business adjacent to her
um could you do me a favor spell your name for the court stenographer it's t-e-s-s-i-e last
name benitez b-e-n-i-t-e-z right do you swear or affirm to tell the truth the whole truth
nothing but the truth i do please proceed i'm just translating for the owner of the business
at 38, I'm sorry, at
388 Frankfurt Ave.
I don't think, am I
right, Hillary? We have to have our own interpreter
once people do that. You're absolutely correct,
Chair. Okay, thank you.
We cannot have you interpret for
someone.
She wants to speak.
If she doesn't speak
English, it would be very hard.
Okay. It's a little rough.
Well, then, if it's
a little rough, I don't know that we can
do it, ma'am.
Hi, good morning.
Could you state your name and spell for the court stenographer?
So Heidi Guzman.
Could you spell it, please?
S-O-G-A-D-Y.
I'm sorry, Mr. Chair, was somebody translating or interpreting?
Whoever, the interpreter, we can't have you telling people what to say.
We just can't.
Very sorry.
Mr. Chair, is Ms. Guzman able to just say whether she is in support or opposition on her own?
I'm not sure.
My concern is, is the interpreter will, I think, tell her what to say.
Right. No, I understand, Mr. Chair.
Chair, may I make a suggestion?
You most certainly can.
Thank you. Can we just have her maybe submit something in writing and we'll just hold
that open for her to submit something in writing?
We can do that.
We may have to hold this anyway because we don't have a letter yet from the zoning board.
Thank you, Chair.
I'm not the zoning board, the RCO.
Is there anyone else in the virtual audience?
And by the way, the person who was interpreting, we will take a letter from that person who has an adjoining business.
Anyone else in the virtual audience?
I see no hands.
Planning Commission.
Thank you, Chair.
Sarah Bond with the Philadelphia City Planning Commission.
In 2017, the zoning map was amended from CMX1 to CMX2 at this location in accord with recommendations from the Comprehensive Plan.
The proposed use for food, beverages, and groceries, as well as the existing multifamily, is consistent with documented prior use of this property.
The City Planning Commission recommends that the Zoning Board grant the variance.
Thank you.
Hillary, we're going to hold this until, I guess it would be January 10th.
At that time, we will give the RCO a chance to send a letter.
If not, we will vote without the letter.
And the person on the phone, we will close everything except what the RCO has to say.
And that person that said they would want to have some input has to say.
has to say. Everything else will be closed. The attorney will have a chance to respond
Everything else will be closed.
The attorney will have a chance to respond.
to both the RCO and also that comments that if we receive them in mail. Is that okay?
Sounds great, Mr. Chair. Okay. Thank you. Thank you, Mr. Chair. Happy holidays to everybody.
All right. Thank you very much. Number nine, MI 2023-003-025-2220 Titan Street,
Olak Sokolov is the attorney.
Letter of support for Point Breeze Community Development Coalition.
Applicant also provided four form letters from residents of the 2200 block of Titan.
Good morning, Chair, members of the Board.
Good morning, Mr. Sokolov. How are you, sir?
I'm no longer.
Could you state your name and spell for the court stenographer?