civus
Hearing video

ZBA Hearing - May 22, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 22, 20244h 46m

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C-A-S-T-I-L-L-O

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do you swear or affirm

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to tell the truth

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the whole truth

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and nothing but the truth

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did you swear to tell the truth okay our uh our vice chair um excuse me mr miss sanchez is that

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is that you are you miss sanchez i'm his wife oh you're his wife okay sorry i was emailing with

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miss sanchez okay it seems like he's having a little bit of difficulty understanding what

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we're communicating to him um would it be better for us to continue this and for us to get an

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interpreter for him no i want to continue or we try we want to try okay um but you he's got to

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speak on his own he's got to speak on his own you can't be interpreting for him so if he needs

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interpretation services we need to be able to have an interpreter here so we can't you can't

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act as an interpreter for him because he needed neutral third party okay mr castillo are you okay

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to go on yeah okay um uh our vice chair has just a few questions for you

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good afternoon sir have you emailed in all the required documents and exhibits that is

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needed and required to proceed with this case five days in advance of this area

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okay

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did you answer yes i'm sorry chair this is tanya i know yes i do believe that i could reschedule

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this as soon as possible yeah we'll do that time demand that an interpreter handle this case and

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not the person's spouse thank you very kindly totally totally agree so mr castillo we're going

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continue this we will bring you back in as soon as we can and when we bring you back we'll have

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an interpreter and then we'll get through this okay okay thank you very much we'll get we'll get

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okay so let's now go to

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Okay, so let's now go to case number one. MI 2023-003-954-3753 North 18th Street. This is a resumptive hearing. Mr. Nockamson.

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They'll be coming back in as a panel, sir.

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Mr. Nockamson, is this your first time today?

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It is my first time today.

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Okay, so could you please state your name and spell for this stenographer?

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A-N, last name Nockamson, N-O-C-H-U-M-S-O-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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So, Mr. Nockamson, this is a resumptive hearing.

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We're going to have an update from the RCO, additional public testimony, planning commission recommendation, and then a response from you at the end.

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But I believe yesterday you had a case similar to this.

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So why don't you start with just a couple general issues relative to the case?

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All right.

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So we're looking to put a three-family dwelling in this property, and we have two refusals.

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and this is an RSA-5 property, and we have two refusals, the first of which is the use for three

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units, not out of character for the neighborhood, and we gave an example on that block of another

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three-unit dwelling. The second refusal is a de minimis refusal for rear yards setback, where nine

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feet is required under the code, and we're at eight feet, one inches. So what the community was

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concerned with was not the use of the property or the setback. They were more concerned about

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how if the rear of our property mimicked the properties to left and right of it.

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I'm going to share my screen and just so you can see what we did.

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Let's get to that portion.

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So we have revised plans where we now have an 18-foot rear setback on the third floor,

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third story, 10-foot setback on the second story,

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And we reduced the building depth by six more inches to go more in compliance, but not completely with the rear yard setback within the Philadelphia zoning code.

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So just the easiest just to illustrate it.

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So these are revised plans.

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So basically what they wanted us to do was to step it down, you know, so, you know, further, you know, on the first floor, then a little more setback on the second floor.

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and then further set back on the third floor this would mimic the properties to left and right of us

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ultimately we did get a letter of support based on that that was their only

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complaint about this project so we got a letter of support which is dated march 1st of 2024

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with you know with the understanding that we would be submitting this with revised plans which we did

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submit all right and that's where we are thank you is there anyone from the rco present

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once again is there anyone from the rco present in the virtual audience today

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okay all right questions or comments from the virtual audience

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I have a hand up from Charles Richardson.

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Okay, thank you.

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Mr. Richardson, you were sworn earlier today.

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Just state your name and begin your testimony.

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Charles Richardson, Councilwoman Cindy Bass, room 508 City Hall.

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Having examined the letter that came from the RCO, they were in support, so the Councilwoman has no objection to granting the variance.

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Thank you very much.

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Is there anyone else in the virtual audience?

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Planning Commission.

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No further hands, Mr. Chair.

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Good afternoon.

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Amy Boyd with the City Planning Commission.

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A-M-Y-B-O-Y-D.

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

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I do.

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Please proceed.

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The comprehensive plan recommends no change to the existing RSA 5 single-family zoning at this location.

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The appellant has not supported their hardship claim for multifamily with evidence of unique physical circumstances or conditions of the property.

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The requested year-yard depth variance is de minimis.

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The Planning Commission recommends that the Board grant the variance for year-yard depth and deny the variance for multifamily household living.

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Grant the variance for a rear yard gap and deny the variance for multifamily household living.

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Mr. Nockman, would you want to respond to the testimony that we've had so far?

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Yeah, so the lot is 1,392 square feet, which is rather large for an RSA 5 property.

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And it's not out of character to have triplexes, especially on this block.

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And during my original presentation, we provided an example of one property on that block, which is similarly a triplex.

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And again, we did work with the community on this, and they have no objection to the actual use of the property.

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It had to do with non-zoney related matters.

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Thank you.

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Mr. Nackamson, I don't know if Hillary has spoken to you or not, but we're going to hold the vote on this to May 29th at 2 p.m.

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The record is closed.

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All right. Thank you.

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Thank you.

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And just to clarify, because Mr. Nockmson, I didn't get to reach out to you about this one.

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And that is just so we need to have a couple members watch the video of this hearing that we just had in order to vote.

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And we should have those members present and have them watch the video next week.

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Thank you.

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Thank you, Mr. Nockmson.

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Number two, MI 2023-006-343-9901 Frankfurt Avenue.

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David Chandler is the attorney.

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There's a letter of support from the East Tarsdale Civic Association.

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20 in favor, 8 opposed.

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Mr. Chandler.

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I'll be coming back in as a panelist, Mr. Chandler.

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Sure, thank you.

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Hi, Mr. Chandler.

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Could you state your name, please?

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yes and spelled for the courts and wait a minute and spelled for the court stenographer sure david

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chandler c-h-a-n-d-l-e-r along with co-counsel hayan beck b-a-i-k and a-j willis w-i-l-l-i-s

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we're co-counsel they're co-counsel and i'm here for 9901 uh frankfurt avenue okay all right hold

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on hold on hold on hold on hold on do you swear or affirm to tell the truth the whole truth and

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nothing but the truth. Yes, I do. And Mr. Chandler, you'll be handling the hearing, right? Yes, I will.

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

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Okay. The owners are Jonathan Trinidad, like the country, and Natalie Ramos, R-A-M-O-S,

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and they are the owners of the business and the property at 9901 Frankfurt.

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And our vice chair has just a few questions for you, sir.

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Sure. Good afternoon, Counsel. Do you agree to waive the reading of the refusal or stipulate towards accuracy?

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Yes, I do.

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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?

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Yes, I did.

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Thank you, Counsel. Please proceed and share your screen.

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Okay. Well, now we will upload the presentation.

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Yep, sure.

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Here, AJ Trinidad LLC.

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Yep.

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And, okay.

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This is the resume of Mr. Trinidad.

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And this is the resume of Ms. Ramos.

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This is going to be a tire store, fixing tires, selling tires.

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And right now, the property is abandoned.

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So, at least it'll add something to the neighborhood.

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And this is the property itself.

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H.A. Trinidad Tires LLC is the company.

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This is notice of refusal.

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And this is the application for appeal.

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And confirmation page.

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Now, the East Torres Stale Civic Association voted in favor of this application.

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So it has community support, as you can see.

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We sent a letter to the councilman's office letting him know of this hearing.

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Now, this is detailed information about the project.

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As you can see, this is the site plan, and that's a view of the outside.

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Right now, it's abandoned, but once, assuming that we are approved, then it'll be, basically, it'll be a vibrant business.

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And that's another, more of the current outside views.

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And that's another, more of the current outside.

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And this is the interior.

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This is the zoning notice, mortgage.

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The deed, we did email the entire deed yesterday.

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and tax and the this this is the um uh tax clearance certificate

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uh issue date may 7th so they're okay with the taxes so that's that's it basically so so mr

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chandler i noticed you showed the uh the notice of the hearing did you post it uh yes we did

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of this this hearing we did do you have a photo for that yes we did um

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no yeah no no no no is it not Hillary do you have a photo of it Hillary

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um yes I believe there are some supplemental exhibits that separately um from this PowerPoint

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um we did we did we do have a complete exhibit packet for this thank thank you thank you very

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much. Mr. Chandler, could you bring on your client? Sure. Mr. Trinidad.

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Hi, hello. Hi, Mr. Trinidad. Mr. Trinidad, you're going to do this, the speaking, right?

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Me and my wife. Well, why don't we make it easier just one of you do it? Is that whoever wants to

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be? It's just easier. Who wants to do it? I can do it. Okay, good. So could you please state your

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name and spell for the court stenographer. My name is Natalie Ramos, N-A-T-A-L-Y Ramos, R-A-M-O-S.

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

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Yes, I do. Please proceed, counsel. Yes, Ms. Ramos, did you hear what I told the chairman

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before? Yes. And do you agree with what I said? Yes, I agree.

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and um do you have anything else to say or um we just want to ask um the opportunity to be able

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to serve that community and uh we have a lot of experience on the business that it's not that

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we're going to start something new my husband he been working um in a tire shop with his dad son

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he was like probably 16 years old and i've been working with him since 2013 so i have a lot of

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experience and i'm going to be more than happy to serve that community we just want to serve

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and provide services to anyone who needs um tire services or any repair for the vehicles

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so thank you very much questions from the board

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no questions chair

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no chair questions or comments from our attorney hillary emerson not at this time mr chair questions

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Is there comments from the virtual audience?

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Do not see any hands, Mr. Chair.

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Okay.

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Planning Commission.

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Hi, Amy Boyd with the City Planning Commission.

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The comprehensive plan recommends no change to the commercial mixed-use zoning at this location.

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The property has a documented history of consumer retail.

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There are no unique physical conditions or circumstances of this property that would prevent it from being used in conformance with the zoning code.

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The Planning Commission staff are also concerned about the environmental impacts of vehicle repair and maintenance on the adjacent Pennypack Park and Creek.

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Oil and other toxic fluids are routinely used in these facilities.

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While bus efforts are made, these fluids routinely escape down to nearby storing drains.

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The City Planning Commission recommends that the board deny the repairs use variance for vehicle repair and maintenance.

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So, Mr. Chandler, I'm going to I'm going to take some time and go to the executive session next Wednesday.

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We will vote on this at 2 p.m. next Wednesday.

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OK. OK. So and we're going to I just want to sit, talk with the other members of the board.

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OK, let's see where we're going to be with this.

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OK, and thank you for your presentation. And thank you. Thank you both for coming in.

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OK, may we be excused? You most certainly can, sir. Thank you. Bye. Thank you.

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OK. Number five, MI 2024-000915-3114 North Broad Street. Meredith Verliger is the attorney.

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There's a letter of unanimous support from the Allegheny West Civic Association and RCO.

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There was also a petition of support signed by six neighbors, along with two form letters.

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There was also a petition of support signed by six neighbors, along with two form letters.

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Counsel, you've already been sworn once. Could you just state your name for the record?

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Sure. Meredith Ferliger, F-E-R-L-E-G-E-R.

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Could you identify your client in relationship to this property?

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Sure. My client is Queenonia Investments, LLC, which is the owner of this property.

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And our vice chair has a few questions.

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good afternoon counsel do you agree to waive the reading of the refusal or stipulate to its

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accuracy i do have you emailed in all the required documents and exhibits that is needed to proceed

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with this case five days in advance of this hearing i sure did and they should be up on the

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