civus
Hearing video

ZBA Hearing - November 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 3, 20214h 45m

Thank you.

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Any questions from the board?

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No, Mr. Chairman.

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No.

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Anyone else like to testify in this case?

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Please raise your hand.

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i see no hands at this time chair thank you planning commission good afternoon mr chairman

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board members david effecto city planning commission

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mr chairman members of the board the comprehensive plan recommends no change in the single family

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zoning in this location however this appears to be a pre-existing commercial space we recommend

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under the board grant the requested use variance. Thank you. MI 2021-003191 1107 South 6th Street.

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My vote is yes. Professor Plaza. Yes. Thomas Halliman. Yes. James Snell. Yes. Thank you.

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Number two on our list, MI 2021-003141, 1210-12 North American Street.

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Ellen Knokensom is the attorney of record.

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South Kensington Community Partners sent a letter of support.

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It's either Mr. Knokensom or Ms. Amazon.

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Gotcha.

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Got you. Ms. Amazon, please spell your full name and I'll swear you in.

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Comente Amazon, C-L-E-M-E-N-T-A, last name is A-M-A-Z-A-N-123, South Broad Street, Suite 1600, 19109.

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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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Thank you. Mr. Fosin has a few questions.

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Yes, Ms. Amazon, you agree to waive the reading of its refusal and stipulate to its accuracy?

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Yes, I do.

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And have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance,

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copy of the refusal or referral photos and plans five days prior to this hearing?

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Yes.

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And have you met with the RCO and have a letter?

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Yes, and we have a letter of support.

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Thank you. Please proceed.

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can everyone see my screen yes thank you um so again today i'll be presenting 1210-12 north

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american street during my presentation i will go through the notice of refusal the letter of support

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that we received from south fencing community partners maps of the area photographs of the

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property as well as our proposed plans and drawings the notice that we had for the community meeting

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our application for the appeal, as well as the deed and certificate of tax clearance.

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So first things first, we have the notice of refusal. When a client purchased the property,

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it was zoned as commercial mixed use. Unfortunately, the zoning was changed to single

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family. We are requesting to have a triplex here, which isn't out of sorts. We would be

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We are requesting to have a triplex here, which isn't out of sorts.

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We would be supporting the commercial corridor.

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supporting the commercial.

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There is an existing structure as is.

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We're just looking to demo it and create that triplex.

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So we did meet with South Kensington Community Partners, and they did provide us a lot of support.

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We really made an effort to take into consideration the comments that they had regarding the design of the project.

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They were in support, as you see from this letter.

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so here we have a map of the area so we are along north american and west style street we are a

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corner lot and we do have two means of egress um so there are separate entrances as well

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a zoning map of the area so we are just off of west gerard street we're looking to support this

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commercial corridor with this use here we have the front of the property as you can see there

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are currently two separate entrances we are going to maintain the two separate entrances although

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we are creating a new structure. A view from North American Street, excuse me, a view from

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West Dallas Street, a view of North American to the right of the property, North American to the

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left of the property, West Dallas Street to the right of the property, West Dallas Street to the

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left of the property. And here we have a rendering of the project, our site plans, and the floor

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plans. We are looking to have a triplex here. Unit one would be a one-bedroom, two-bath. Unit two

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is one bedroom, one bath, and unit three is also one bedroom, one bath.

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Ms. Amazon, pardon the interruption. Is that a siren going past or was that?

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Unfortunately, it's the beauty of being in the city, so it is a siren going past.

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Well, I know my office is not far from yours. I didn't know it was a siren or something in your

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office. Okay. No, nothing's on fire over here. Please proceed. Thank you. Of course. So again,

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unit one's a one bedroom, two bath, that's going to be a bi-level unit at about 1,300 square feet.

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unit two is a one bedroom one bath and unit three is also one bedroom one bath both about 650 square

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feet and here are just several views from the side rear as you can see there is an egress here

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so we do have a door in the rear and door in the front as well and we did send out notice of the

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community meeting that was held on september 22nd at 6 30 p.m we included the date time as well as

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Zoom information and a copy of the refusal, a list of the properties that were notified of said

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meetings, as well as the certificate of mailing, our application for appeal. Again, this property

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is currently zoned as single family, although my client purchased it, it was, I believe, a CMX

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property. We're just looking to have multifamily use here in the form of a triplex. It has a history

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of multifamily use. Our project information form, as well as indeed showing that my client owns the

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property and our certificate of tax clearance so with that um if i could have joel rodriguez

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raise his hand um that would be great so you can adopt my testimony

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your client's name again joel rodriguez he's calling in um

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I'm actually assisting him with a call-in, so it should be the last four digits, 6-3-2-3.

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Mr. Rodriguez, you can unmute yourself and wait for the chair.

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Rodriguez?

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Ms. Amazon, we'll stipulate you being an attorney that your client would have adopted your testimony.

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any questions from the board no mr chairman no would anyone else like to testify in this case

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if so please raise your hand

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i see no hands at this time chair thank you planning commission good afternoon

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david facto city planning commission mr chairman members of the board the comprehensive plan

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recommends no change in the residential single-family zoning at this location.

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The property was rezoned in 2017.

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This is an 1,134-square-foot lot.

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However, the property is around the corner from the Girard Avenue commercial corridor,

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and a triplex at this location will support the city's goal

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of increasing density near commercial corridors.

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We recommend that the board approve the requested use and dimensional variances.

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MI 2021-003141, 1210-12 North American Street, my vote is yes.

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Confessor Plaza, yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Thank you.

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At number three on our list, MI 2021-003195.

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1331 North 2nd Street

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one three three one north second street rachel pritzker is the attorney of record

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Rachel Pritzker is the

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south kensington community partners sent a letter of support miss pritzker uh please identify

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yourself with a record you're still under oath from earlier today thank you uh rachel r-a-c-h-a-e-l

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pritzker p-r-i-t-z-k-e-r 1635 market street suite 1600 philadelphia pa 19103

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Thank you.

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Mr. Plaza has questions for you.

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Yes.

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First, can you agree to waive the reading of its refusal and stipulate so its accuracy?

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Yes.

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And 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 or referral, photos and compliance five days

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prior to this hearing?

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Yes.

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And have you met with the RCO and have a letter?

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Yes.

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We have a letter of support.

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Thank you.

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Please proceed.

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Thank you.

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I'm going to share my screen.

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keep this very brief. So this is 1331 North 2nd Street. The refusal, we're just doing a lot

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line relocation. It's one of a few street-to-street properties that has not been subdivided.

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We're looking to just create two lots from 1331 North 2nd. One will be facing 2nd Street. There's

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an existing single family home there that's going to stay. And then the refusal we got was for the

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other lot, which is going to be on Pailthorpe. A lot of the reasons that we generated the refusal

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was because of the existing structure and not to create two non-conforming lots. So the lot is

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going to be 803 square feet. And as previously mentioned, we do have support. As you can see

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in front of me or in front of you all, we have sort of pulled a survey of all the additional

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lots on the block. And again, we're providing 803 square feet. So we're a little bit bigger

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than most of the lots on Pailthorpe, which is where this lot is going to be. But just to show

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that we are in character with what's currently there based on the existing square footage of

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the lots that are there i'll just quickly go to there's a tax clearance the zoning map as you can

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see most of the other lots are subdivided again ours is this one that's highlighted and again

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we're just looking to subdivide like the remainder of this block again aerial view

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this is the existing house with the zoning posters the house is going to remain intact

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It's just the rear of it that will be subdivided.

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The board's well aware of the code provisions.

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Again, we met with the South Kensington Community Partners on September 22nd.

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And as you can see in front of you, they took a position of support.

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Two in support, zero opposed, 16 people attended.

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And so they have sent a letter of support for our project, as you can see in bold here.

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um i would like to bring and we also the board has in its package just letters of support from

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the directly affected near neighbors sorry about that near neighbors as well um with that said i

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don't know if my client maria is um on but in order to save time if the board would stipulate

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that she would adopt my testimony that would be fine we'll stipulate that you being officer court

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your client would have adopted it was that the cat making that noise yes that is the cat there's

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boxes any questions from the board no mr chairman no anyone else would like to testify in this case

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please raise your hand i see no hands at this time chair thank you planning commission good

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Good afternoon, Mr. Chairman, members of the board, David Fecto, City Planning Commission.

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The comprehensive plan recommends no change in the residential single-family zoning at this location.

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The undersized parcel proposed for Pailthorpe Street is in keeping with the lot sizes on the block.

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Lot sizes range from approximately 600 square feet to just over 900 square feet.

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We recommend that the board grant the requested dimensional variance.

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Thank you.

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mi 2021-003195 1331 north second street my vote is yes professor plaza yes

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thomas holliman yes james snell yes thank you thank you case number four mi 2021-003

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thomas holliman yes james snell yes thank you thank you case number four mi 2021-003

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111. 3001 Tyson Avenue. Mr. Sean Ward is the attorney of record.

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111. 3001 Tyson Avenue. Mr. Sean Ward is the attorney of record.

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My notes indicate that we have not yet received a re-letter from the Mayfair Civic Association.

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My notes indicate that we have not yet received a re-letter from the Mayfair Civic Association.

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My notes indicate that we have not yet received a re-letter from the Mayfair Civic Association.

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Mr. Ward may be able to clear that up for us.

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Mr. Ward, please identify yourself, and I'll swear you in.

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Good afternoon, Mr. Chairman.

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Sean Ward on behalf of the applicant, 331 East Street Road, Trevos, PA, 19053.

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We're firm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Thank you.

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Mr. Plaza has some questions for you.

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Yes, Mr. Ward, do you agree to waive the reading of its refusal and stipulate to its accuracy?

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Yes, I do.

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And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral photos and plans five days prior to this hearing?

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Yes, I did.

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And have you met with the RCO and have a letter?

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Yes, I did.

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Thank you. Please proceed.

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Thank you very much.

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All right. Just confirming. Everybody can see my screen.

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Yeah. Okay. Mr. Chairman, I've submitted my exhibit packet on behalf of G. We call him Mike Chen.

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That's J-I-E Chen, C-H-E-N, doing business as M&C Max LLC with regard to 3001 Tyson Avenue.

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We filed an application for a permit for a business and professional office, together with two previously approved two-family dwelling in an existing structure.

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Two refusals resulted business and professional office is not permitted, and multiple principal uses are not permitted.

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Accordingly, we need two use variances today.

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A2 is the ZBA application.

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A3 is the project information form.

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A4, proof of ownership.

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A5, tax clearance.

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A6 are the photographs. A7, separate from the packet, is Mayfair Civics' RCO letter.

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I don't believe Councilman Heenan submitted a letter, so if one was submitted that would be A8.

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A9, the relevant zoning history, the property was built in 1947 as part of a 40-unit duplex

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development known as 3000 through 38 and 3001 through 39 tyson avenue 1948 a variance was

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granted for a drug store at this property together with the existing two-family dwelling

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and then in 1969 a variance was granted for a dog grooming and existing two-family dwelling

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the dog grooming business just left recently so that was a heck of a run for that business in

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the neighborhood. So A10 is the zoning map. A11 is the aerial photograph. With regard to the proposed

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use, it would be a real estate and insurance office for Mr. Chen and his wife. It would be

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an owner-occupied business. Days and hours would be regular business hours, Monday through Friday,

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nine to five, closed on weekends. Number of employees would be, for now, two would be the

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husband and wife. And with regard to parking, there are two off-street parking spaces for

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residential tenants. So real quickly we have our notice of refusal, the

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application of appeal, project information form, copy of his deed, proof of tax

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