civus
Hearing audio

ZBA Hearing - February 11, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 11, 20264h 31m

electric and gas meters yes and joe you're saying that was done in 1939 the second floor was built

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in 1939 or sometime after 1939 uh whether it was done as a second separate unit i'm not sure sure

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but when he bought the property there already was a second unit and it was advertised as a second

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as a two-unit property.

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Other questions?

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I guess my last question is,

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do you have a sense from the RCO meeting

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what drove the opposition from neighbors?

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I really can't say.

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There were just questions about trash pickup.

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There were questions about the due diligence that he did

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when he had purchased the property.

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and and and we did have a discussion about the second floor about that second floor having been

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built after that 1939 approval but nobody voiced any opposition and and that meeting took place

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sometime in november i would have done some follow-up had i known or had i had a letter

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of opposition a lot sooner as a matter of habit i always follow up with the rcos especially when

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i have some opposition on a project let's see if there's anybody that's going to get off of

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the rco questions from our attorney can i and i have a question um you show a truck parked yeah

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that's his truck um okay so

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i'm not talking about that i'm talking about there's a truck from the tree thing yeah right

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so is that how he parks this truck does he use the property in any way as part of his business

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or how is this no no he goes he goes from house to house property to property trimming trees

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and that's his truck and he stores it in his back or in his side all right and what do we have in

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the basement here utilities and storage and it's not even for the tenant it's for him

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okay all right thank you do you have any sense from the adjacent neighbors the exact

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the neighbors that are right adjacent to this property let me ask you

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they we didn't specifically speak about this but nobody told them anything in favor nobody told

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them anything against neutral thank you all right questions from our attorney hillary emerson

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um excuse me just wanted to get clarification so is there is there like a shared driveway to

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a parking pad in the back i'm just i'm just a little confused because parking is this is a rsa

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three so parking is required um and they see there is parking i'm just a little bit confused as to

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how how this is set up it's all his he says that that park that that that that

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side driveway it's all his okay it's it's about 19 feet he says it's it's a

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pretty wide driveway okay 19 feet wide okay it just as a note

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19 feet wide. Okay. Just as a note, because it wasn't in the zoning documents that there was parking here, that may be something that needs to be legalized or formalized via L&I at some point. So just wanted to make a note of that.

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Okay.

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Questions or comments from the audience, the virtual audience?

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Yes, Chair. I have a hand up by the name of Alice Udovich.

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Alice.

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Good morning, Chairman, members of the board.

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Alice Udovich, on behalf of Councilman Brian O'Neill.

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Just for the record, could you spell your name so that...

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Sure. It's A-L-I-C-E. Last name is U-D-O-V-I-C-H.

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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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I'm very familiar with this RCO, and I understand that they typically do not approve conversions.

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However, after looking at the L&I archives, I do believe that this has been a two-family dwelling since around 1989, if I'm interpreting it correctly.

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So the councilman takes the position of non-opposition.

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Thank you very much.

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is there anyone else in the audience no chair i see no hands at this time planning commission

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good morning chairman david facto f-e-c-t-e-a-u with the city planning commission

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do you swear or affirm to tell the truth the whole truth nothing but the truth yes sir i do please

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proceed thank you chairman uh chairman and board members the comprehensive plan recommends no

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change to the rsa3 residential single family zoning at this location the city rezoned this

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neighborhood in 2012 in accord with recommendations and comprehensive plan this property has a

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documented history as two dwelling units the city planning commission recommends that the board

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grant their proposed use variants for two dwelling units so mr vicaro we're going to vote on this

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next wednesday at 9 30 a.m okay we're going to take it to executive session and um see where

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everybody stands okay thank you thank you very much thank you have a good day okay

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Number seven, MI 2024-005-976, 7161-69 State Road.

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Zen Jin is the attorney.

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Zen Jin has been promoted to panelist.

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Okay.

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good morning good morning counsel could you please state your name and spell for the stenographer

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yes my name is then jen z h e n last name j i n here on behalf of the applicant right do you

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swear or affirm to tell the truth the whole truth nothing but the truth i do could you identify your

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client a relationship to the property yes uh my client's adan cruz uh tenant at the property and

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the operator of the business. We also have a letter of unanimous support from Tacconi Civic

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Association for total votes, and our vice chair has a few questions. Good morning. Good morning.

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Have you submitted your documents and exhibits five days in advance of this hearing? Yes, we

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only updated a lease addendum, which is within the five days. Okay, and do you waive the reading

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of the referral and stipulate to its accuracy? I do. Thank you. Share your screen and proceed

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with your case thank you i'm going to share with the board what was previously submitted in this case

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can the board see my screen yes sir thank you this is an application which is a special exception

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under the icmx district for use as a personal vehicle repair and maintenance shop there are

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other uses as part of this property they would remain as previously approved we're specifically

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here for the mechanic shop part of this property. So the proposed personal vehicle repair and

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maintenance requires special exception approval in this particular district. The RCO supported

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our application partly because this property actually has been used that this specific part

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of the property actually has been used as a mechanic shop for many years. We're not sure why

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the zoning for this mechanic shop the one that is currently the tenant wasn't in place

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once the shop found out there was an issue they notified the landlord who then asked them to go

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they notify the landlord who then asked them to go ahead and make the application to legalize the

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ahead and

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shop. The shop has never had an issue with the neighbors. It's not a nuisance property. It has

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never caused any problems due to its operations to any of the neighbors. And certainly there's

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nothing about the structure of the shop or its location that would make it more likely to cause

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any issues beyond what is normally expected of this type of use this is part of the street that

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the property is located on here's the posting what's interesting about the shop and why it is

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uh generally less impactful than some other shops on streets like this it is actually set back quite

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a bit from the street front giving it its own parking lot in the front of the shop which means

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that cars that come in for repairs are always parked on the lot and never really on the street

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and that really is the main concern main complaint from most neighbors when it comes to mechanical

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shop operations all the work is done inside the shop the space inside the shop is quite large

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it contains two bays which allows mechanical work and one bay has a frame straightening machine

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that can help straighten out the frame of the cars that have body damage.

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However, I want to be clear that this is not a body shop.

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The frame repair simply pulls the car straight.

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There's no painting or any body work other than simple panel replacement and framework at the shop.

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So it is more of a mechanical repair in nature

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and is part of the maintenance and repair services offered by this business but there's no painting

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there's no other body work being done at this location as you can see this is the actual space

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of the entire property so again the lot here this parking lot is primarily attributed to

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the use of this particular business the business next door only parks one or two cars at most

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and certainly doesn't take up the parking lot normally.

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So with all that and with its history of being here

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and with prior tenants and prior operators as well,

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this particular use should not be a use

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that would cause any negative impact

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greater than what is normally expected

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of this type of use at this location.

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So with that, I would ask for the board's

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favorable review of this application.

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I believe Mr. Adden Cruz is available here.

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to verify my testimony. Mr. Cruz?

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Adding Cruz. Your client has been promoted to

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panelists. Thank you. Mr. Cruz, could you please

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state and spell your name for me?

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Is he still muted?

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You have to unmute first, Mr. Cruz.

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Mr. Cruz just now accepted the promotion to panelists.

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All right, good.

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Thank you.

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They should be joining us shortly.

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Sure.

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Mr. Cruz

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with some reason I still don't see him on my screen

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it just showed up that they declined to be promoted

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it's all right um i think he's having some technical issues can counsel you know officer

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of the court um questions from the board i just want to just make sure that i heard you correctly

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there is some sort of machine for yes there's a frame straightening machine that's part of the

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uh shop okay but you're not doing general body fender and spray painting right so they the only

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thing they're doing it would be uh paintless dent repairs which will just pop out dents there's no

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painting involved uh body framing and if a entire panel is available to be replaced that's a

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mechanical replacement so there's no it's it's the type of work that is involved mechanically

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was replacing the panels.

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Ah, okay.

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okay all right thank you um council what what what unit is this do you know um

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All right.

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Thank you.

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Counsel, what unit

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i don't know if the lease could give me uh the lease i just says

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c am i correct hillary yeah the lease the lease says um unit c but on the plans it looks like

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it's unit a so that's why we're just a little confused um i believe the landlord's uh labeling

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would be the correct unit so a c c would be correct because in both the original lease and the

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and the addendum they listed as unit c right thank you questions or comments from the virtual audience

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any comments from the virtual audience i see no he's chair planning commission thank you

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chairman and good morning david fecto with the city planning commission chairman and board members

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the comprehensive plan recommends no change to the icmx industrial and commercial mixed use

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zoning at this location the city rezoned the neighborhood in 2017 in accord with recommendations

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in the comprehensive plan the appellant has shown the proposed personal vehicle repair maintenance

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will have no detrimental impacts to the neighborhood beyond what might be expected

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the city planning commission recommends that the board grant the proposed special exception

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for personal vehicle repair and maintenance thank you so number seven mi2024-005-976-7161-69

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state road i vote yes with proviso unit c only michael johns my vote is yes with proviso

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cheryl gaston my vote is yes with proviso tenetta graham my vote is yes with proviso ryan mcadams my

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is yes with proviso i win my vote is yes supervisor thank you thank you council number 15

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mi 2025 001 280 1629 south 10th street henry clinton is the attorney

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henry clinton will be rejoining us as a panelist thank you

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Good morning, Mr. Chairman and members of the board.

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Good morning, counsel.

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Could you please state your name and spell for the stenographer?

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Sure.

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My name is Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.

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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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Mr. Clinton, could you identify your client and relationship to the property?

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Sure.

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My client is Jules Esposito, E-S-P-O-S-I-T-O.

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and he was on the call. Thank you. I see there was unanimous support from East Passion Crossing

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Civic Association, non-opposition from Council Member Squilla, and a letter, applicant, a petition

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of support from 44 neighbors, 12 in the immediate block. But in, before we start, in conversation,

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Council, our Council, thought maybe there'd be amended refusal. Am I correct?

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i think there's been discussion about that i don't know uh where we've come down on that

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miss emerson um yes so i i think i think there was a little confusion when there was a request

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to amend um previously submitted but it it appears that um in our conversations there

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is an existing takeout use that in addition to the commissaries and catering services that would be

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extended um into from 1627 to 1629 um so if we're we're adding that use and extending it and it

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would also generate a refusal i think we do need an amended refusal in that case but we can hear

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everything is is done and was presented to the community already we can hear the case

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today it's just we'll hold and get an amended refusal so that the uses are are correctly

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documented okay henry understood yeah just by way of background i was before supposed to be before

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the board back in july and uh i did request an amendment refusal but whatever happened i'm i'm

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good with whatever miss emerson wants me to do okay we we always feel the same way too if you're

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interested in whatever miss emerson says exactly our vice chair has a few questions that's my motto

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Good morning. Have you submitted your documents and exhibits five days in advance of this hearing?

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good morning have you submitted your documents and exhibits five days in advance of this hearing

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i have submitted most of them we got the letter of support uh late uh councilman squiller's letter

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came in recently and then we added a proviso form just to be certain okay and do you waive

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the reading of the refusal and stipulate to its accuracy i know okay thank you you can

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share your screen and proceed with the case. Thank you, Mr. Graham.

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Is that visible, Mr. Chairman? It is. All right. Good morning, everyone. Again,

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I'm Henry Clinton here on behalf of Jules Esposito. And the request is twofold. One is

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to continue a use that's been in play for 40 years at this institution on South 10th Street,

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esposito porchetta and also for a unity of use just again by way of background there's an existing

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establishment right now it's 1627 south 10th that's zoned cmx1 we're requesting that part of

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that use be extended to an adjacent residential home that is owned by mr esposito and as i walk

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through it i think it'll become clear what we're trying to do table of contents a1 to a10

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refusal so it's a mixed zoning district it's cmx1 is on the corner that's an existing business as

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