civus
Hearing video

ZBA Hearing - April 28, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 28, 20217h 7m

behalf of her association and members of her association voted in support as well so this is

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an odd and a new thing for me to experience in that there's a reversal of support a day out

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after an RCO meeting. So with that, I did want to allow my client to just affirm what I've

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indicated. We believe her use is very needed in the community. That was brought out. There was

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a variety of folks that testified in her support, local pastor, neighbors, and they were all very

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strongly supportive of the family and of the uses here and the proviso carved it down with such

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with such specifics that we feel that this use would not only benefit the community but it would

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be simply no would would create no problems that the uh that king sessing's original association

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would be concerned about but that's it you can get your client to adopt your testimony then we'll go

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from there yes so um miss church have you been listening to everything that we've been that i've

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been saying on your behalf miss church yes please identify yourself first and last name spell both

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first spell both your first and last name good afternoon my name is taisha church and you spell

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my first name t-y-e-i-s-h-a my last name is c-h-u-r-c-h do you swear or firm to tell the

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truth the whole truth and nothing but the truth yes i do thank you mr toppen yes i'm miss church

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it's good to have you here did you were you able to listen to and hear everything that i've just

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testified to on behalf of the the use that you're proposing for 1300 south 50th street yes i heard

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everything that you said and do you agree with the content of my of my testimony on your behalf

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Yes, I do agree with everything that you said.

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And have I omitted anything that you find to be important or is there anything that you would

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like me to edit or correct while you're here to testify?

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No, I believe that you hit all points that we already discussed with everyone.

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And would you like to have my testimony adopted as your own with respect to these proceedings?

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Yes, that will be fine.

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Thank you.

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Thank you. Any questions from the board?

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No.

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No. Anyone else would like to testify in this case, please raise your hand.

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no anyone else anyone else would like to testify in this case please

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Excuse me, Chair. I wanted to add that we had an email from Andrew Goodman this morning saying that Councilwoman Gauthier is requesting one additional proviso, and I'll read from his email.

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We believe that one additional proviso that could be helpful would be stating that the assembly and entertainment classification is to be exclusively used as a small catering space.

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that's it okay thank you all right anyone else to testify in this case please raise your hand

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mr chair i have a mary ellen caffrey with her hand raised i will allow her to speak now if that

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is all right please miss miss caffrey please identify yourself spell your first and last

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name I'll swear you in. Hello? Hello. Your name please spell your first and last name. Mary Ellen

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Caffrey. Please spell your first and last name. M as in Mary A-R-Y capital E-L-L-E-N capital C-A-F-F

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like frank r-e-y do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes and your address ma'am 38 west highland avenue

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uh are you here for this 1300 south 50th no i'm here for highland avenue you need to wait ma'am

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I'm sorry, I'm going to hit the wrong button. Excuse me.

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No problem. Okay. Anyone else to testify in this case?

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Mr. Chair, I have a Diane Settles with her hand raised. I will allow her to speak right now.

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Okay. Thank you. Ms. Settles, please identify yourself. Spell your first and last name.

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Ms. Settles, unmute yourself.

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Good afternoon. My name is Diane Settles. My first name is spelled D-I-A-N-E.

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My last name is spelled S-E-T-T-L-E-S.

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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 affirm, sir.

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Thank you. Please proceed.

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I'm representing King Sesson Air Civic Association.

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I am the person that sent in the letter of opposition, and I would like to speak on that.

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I attended both of those meetings, RCO meetings for this property.

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It was I that brought to the attention to the lead RCO that there was no zoning notice posted on this property for the first meeting in February,

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I feel that had I not put it to their attention, it would have proceeded anyway, which it did,

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even though the zoning notice was not posted. We went through with the first meeting, there was

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not a lot of community neighbors there, but it was neighbors. It was not neighbors, I'm sorry. It was

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people who were there to, as Mr. Tobin had told me, that were there to lend their support for this

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particular applicant, even though they were not members of the community. The provisio that was

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given, it was necessary in order for the community to approve this zoning here. As far as the hookah

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bar is concerned, that is in reference to my community that suffered a hookah bar that took

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us two years to get rid of where we had to go through the court on this eba and all um in order

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to do it so that part i'm fully aware of and i just wanted to bring that to attention of why it

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was such an important uh my letter of opposition um that i did send out which was one day from

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today that is true is because um it fails to mention all the proviso anything about the personal

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fitness movement that is supposed to be there and there's no benefit for the community there at all

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because it was never discussed by the client or her lawyer what the benefits would be for this

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other part of the zoning that they are going for. We were never supplied any letters of reference

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of the applicant's prior employment as a dance instructor at all.

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We had raised this question in the chat, but it was not addressed.

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So if everything that's on this provisio is a benefit to the client,

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there's no benefit to the community.

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there's no benefit to the community. And when I think of a benefit to the community

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And when I think of a benefit to the community,

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as a dance studio, you know, where is the discount that should be given to children in that community?

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That's something that's not enforceable by us. Yeah.

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No, what I'm saying, what I'm saying is because that is part of the application, where is that in the

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are you are you opposed to the are you opposed to that so on behalf of the community you know

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what is going to be given back to the community the reason i think i think excuse me i think

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members of the community could probably enroll in a dance class yes that is true the members of the

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community could enroll but what we are asking for where i don't see anything for the community

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I'm sure anyone can involve, but as far as being in that community, what are you giving back to the community?

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That is beyond the realm of what this hearing is about.

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It's about the use.

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Are you opposed to the use that is being presented?

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You can unmute yourself again.

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This deals.

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All right.

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Well, wait.

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Wait, anyone else to testify in this case?

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No other hands at this time, Mr. Chair.

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Thank you.

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Planning Commission?

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Good afternoon, Chair and members of the Board.

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Ian Litwin, Planning Commission staff.

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Ian, were you on this morning?

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No, I was not.

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Okay, so I'll swear you in now.

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

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Yes, I do.

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Thank you.

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Please proceed.

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the comprehensive plan recommends no change to the residential single-family zoning at this

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location however this corner building was constructed with a commercial first floor

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city planning commission recommends the board grant advances with provisors thank you very much

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i'm sorry chair uh before you proceed may i ask that mr litwin put his spell his whole name on

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the record sorry uh ian ian litwin l-i-t-w-i-n planning commission staff thank you and chair

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I just wanted to mention we have a totally new court reporter so if we can do that for everyone

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that would be helpful. Understood. Thank you. Thank you. MI 2020-002-521-1300 South 50th Street.

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My vote is yes with the following proviso. Assembly to be exclusive to catering.

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hours of operation

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Friday and Saturday to cease at midnight

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Sunday through Thursday

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hours of operation to cease

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at 10pm

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Sharon did I leave anything else out

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because the rest doesn't look like to me

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doesn't look like it's enforceable

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no that's exactly right

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okay thank you

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okay my vote is yes with proviso

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yes with proviso yes with proviso yes with proviso

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to cumberland street next calendar number 2021 2167 east cumberland street

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and we're looking for christopher pepper it was an attorney if i recall

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no exhibits first listing yeah um sharon has the exhibits sharon has the exhibits

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they were sent to the um wrong email address but i do have them now and it's michael malloy is the

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attorney mr malloy okay you've already been sworn in mr malloy can you put your name and address on

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the record, please, and spell your last name? Sure. Thank you very much. It's Michael Malloy,

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M-A-L-L-O-Y. We're at 15, it's Obermeyer, Redmond, Maxwell, Hipple, and we're at 1500

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Market Street, Suite 3400, Philadelphia PA. Do you agree to wait the reading of the refusal

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and stipulate to its accuracy i do thank you and have you emailed the exhibit packet with the

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required documents consisting of proof of ownership tax compliance refusal or referral photos and or

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plans of the property five days in advance of this hearing and have you met with the rco and do you

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have a letter yes albeit to the wrong address uh we did email that and now they are they have

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arrived and we did meet with the RCO and the letter was included with the packet.

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Thank you.

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Thank you.

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You may proceed.

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Great.

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Thank you.

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So we have a very straightforward application.

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Mr. Albert Zang is the owner, and he's on the line somewhere if we need him sworn in.

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Mr. Albert Zhang is the owner and he's on the line somewhere.

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Mr. Zang purchased the property located at 2167 East Cumberland in December of 2020.

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And since then, he sought to pull licenses for what he believed was a legal two-family residence,

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which is not permitted in the zoning district.

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So when he went to pull that permit, his permit was rejected from zoning, and he immediately

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filed for variance relief to allow the two-family unit to exist in the RS-A5 district.

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So the property, if you allow me to share my screen.

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Sure.

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Great, so if you can all see that, what was part of what we marked as Exhibit E shows

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the site in the center of the sort of sea of yellow, it's at East Cumberland and Sepp

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Sepp Viva Street. It's the gray block. The property had been used, as you can see,

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this is the property. It's a nice brick three-story building. The property had been used

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previously in the 90s and until some point before Mr. Zhang purchased it as a convenience store

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on the first floor with a residential apartment on the second and third floors.

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That's essentially the extent of the application. We would like the zoning hearing, the ZBA,

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to grant a variance to allow what really is the continued residential use of the first floor.

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And we have photographs of the area.

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It's a nice residential area.

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We have photographs of the interior marked as Exhibit F.

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Mr. Molloy, did you share those?

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That's it.

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Share the interior?

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Yep, sure.

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You see the interior of the first floor space.

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It was, you know, tastefully done.

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It was well done, but done without proper zoning permit.

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and when mr zhang purchased uh the space you can see the kitchen the living area

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he was uh basically innocent of the well so completely innocent of this fact

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and did not realize that this was not properly zoned until he went to do that himself

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uh we did visit the community and that was on april 8th their letter of support

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which they uh pretty much overwhelmingly supported the project uh we had three support and two uh

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non-opposed and one person opposed but there was no

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no reason that we know of uh the communities asked if we would please keep the sign which

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Mr. Zhang is perfectly willing to do and the sign has become as they say a sort of a get the correct

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language here from the letter sorry the zoom is blocking me but it's become a fixture in the

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neighborhood and a point of interest at the core at that corner so we are perfectly willing to do

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that and uh that's all of the information that i have for the zoning hearing board and we have

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open for questions uh would you want to get your uh client to adopt your testimony yes sir uh if

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mr zhang is on uh if we could just bring him and have him sworn in yeah mr zhang please raise your

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hand yes i'm here and full name first and last name spell them sure first name albert uh last

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name Zhang, A-L-B-E-R-T-Z-H-E-N-G.

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We're a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Thank you, Mr. Malloy.

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Mr. Zhang, were you present, and did you hear the testimony I gave to the ZVA?

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Yes, I can confirm that.

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And you confirm that it's truthful, and you adopt it as your own?

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Yes, I do.

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Thank you.

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I have nothing further.

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Questions from the board?

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No.

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No.

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No.

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no anyone else like to testify in this case please raise your hand

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Anyone else like to testify in this case, please raise your hand.

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no further hands at this time mr chair thank you planning commission

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good afternoon chairman members of the board Ian Litwin planning commission staff

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the comprehensive plan recommends no change to the existing residential single family zoning

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at this location however this corner building was constructed with a commercial first floor

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