Zen Jin will be rejoining as a panel of students here.
Good morning.
Good morning, counsel. Could you state your name, please, and spell for the court stenographer?
Yes. My name is Zen Jin,
Z-H-E-N, last name J-I-N, 1617
John F. Kennedy Boulevard, Suite 1838, Philadelphia PA
19103, here on behalf of the applicant.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client in relationship to this property?
My client is YYC Realty LLC, and Mr. Chen Jinshu is here on behalf of the LLC.
Our vice chair has just a few questions, sir.
Good morning, counsel.
Do you agree to waive the reading of the refusal and stipulate towards accuracy?
Have you emailed in all the required documents and exhibits that are needed and required to proceed with this case, five days and events of this hearing?
I have.
You can share your screen.
Thank you. I'm going to share with the board the information previously submitted.
Can everyone see my exhibit?
Yes, sir.
Thank you. We submitted a copy of the refusal, our seal letter in support from the 51st Board Democrats, along with a petition in support, notification, photos, plans, and related documentation.
This application is for a property that is zoned in a CMX2 district.
However, the location of the property led to our request before the board for a use as a two-family dwelling,
essentially asking the board to allow the first floor required commercial space to be used in a residential manner.
We met with the RCO multiple times. There were no neighbors coming out in opposition.
In fact, everyone was in support, partly because while this property is zoned CMX2 and was a long time ago used as some sort of office, it has not really been used in a commercial manner for many, many years.
The surrounding area, as you can see from the photographs, also shows that there's a large block of residential right across the street, and not even all the buildings here on this side are really commercial.
Even though everything is zoned CMX2, what we have is a partially commercial-looking building with a step-up.
But when we really look at the street, while this side has some commercial-style building, even this one is a residential at this point, this one's closed, this has been closed a long time, everything across the street is residential.
So based on that, the community actually supports our request for the residential use.
Our plan is to refurbish the property, change the front, paint the front, update the look, and use it simply as two units, one residential unit per floor.
one residential unit per floor. I'm going to zoom in so it's easier for the board to see
I'm going to zoom in so it's easier for the board to see.
the layout, although the layout is rather simplistic. It's not a complicated design.
We have a bedroom in the back, living room and kitchen, and two bedrooms for each of the units,
and that would be used in a fully residential manner. We believe that this is actually the
best use for the property. Given the history of lack of commercial activity, we believe there is
a hardship to continue to use this as a purity commercial unit. With the community support and
with the hardship that I have represented before the board, we would ask for a favorable
ruling in this matter. I'm happy to answer any questions, and I believe my client is here
available to verify my testimony. Why don't we bring your client on, sir?
Yes. Mr. Chen, can you try to raise your hand virtually to be identified? It's the first time
he's on zoom so i don't know if you'll have trouble
do we see his hand
they've been allowed to speak sir okay thank you
hi could you state your name please and spell for the court stenographer uh ding
Can you spell it, please?
Yes, J-I-N-X-I-U, the last name is C-H-E-N.
All right, do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I swear.
Proceed, counsel.
Thank you.
Mr. Chen, did you hear my testimony and see my presentation before the zoning board?
Can you verify what I have represented is true and correct and adopt it as your own testimony?
yes thank you hi questions from the board no chair no mr chairman
questions or comments from the virtual audience
i do not see any hands mr chair planning commission thank you chairman and good morning
david vecto with the city planning commission uh chair and members of the board the comprehensive
the plan recommends no change to the commercial mixed use zoning at this location. This property
has a history of use as a single family dwelling with ground floor commercial that dates to before
the adoption of the zoning code. The appellant requests to convert the ground floor commercial
unit into a residential unit. We don't have much information to rely on, but this block does seem
to be slowly transitioning away from its history as part of a commercial corridor. And so the city
Planning Commission recommends the board grant the use variants from the ground floor commercial
requirements in the zoning code. MI 2022 002 567 1412 South 52nd Street I vote yes. Thomas Holloman
my vote is yes. James Snell my vote is yes. Ishmael Shahid my vote is yes. Thank you counsel.
Thank you.
Have a good day.
Number four, MI 2023-001-039, 2712 North 16th Street.
Darlene Threat is the attorney.
There's a letter of support from the Allegheny West Civic Association and a letter of opposition from Swamp Poodle.
Swamp Poodle does send, if this is approved, some proviso request.
Counsel.
coming back in as a panelist sir sure thank you
good morning commissioners darling i believe i tore you in once today so just state your name
for the record please darlene three d-a-r-l-e-n-e three t-h-r-e-a-t-t 45 east
45 east city avenue bellicanwood pa19004 right could you identify your client in relationship
to this property um mr willie harakaya the um owner and manager of flores management is on the
line today okay our vice chair has just a few questions morning counsel do you
agree to leave the reading of the refusal and stipulate to his accuracy
have you emailed in all the required documents and exhibits that are needed
and required to proceed with this case five days in advance of this hearing
they have been mailed in thank you please proceed share your screen okay
thank you very much
You're welcome.
you're welcome
It's up. It's up. It's up. We see it.
We see it.
Second hand. I don't see it.
Commissioners, there was an exhibit package submitted into evidence which contained 12 exhibits, the permit application, refusal appeal, property information form, tax information, fire, certification, deed plans, pictures, a letter of support, a summary sheet, and a proof of mailing.
I'm just going to scroll down and show you the original permit application.
Basically, this property had received a violation and we're trying to legalize a existing two family addition, excuse me, property with an addition.
here is the
PIF form
we have a copy of the
deed we have a copy
of the fire
certification I mean the tax
clearance
it's a copy of the
city of Philadelphia
fire certification
Here's the deed for the property, and here's a copy of the plans for the property.
I'm just going to reduce them a little bit so you can see them a little better.
Basically, commissioners, here is the site plan for the property.
This is how the property appears.
The existing basement floor plan is empty. We just have the utilities in the basement. I'll
enlarge that a little bit for you. Then if we go down here a little bit, you can see the layout of
the existing first floor. Basically, the first floor is a one-unit apartment. There's a bedroom,
a den, a kitchen, a kitchen area, and storage space. This storage space is actually, and I'll
show you later on in a picture, the enclosed porch. Several neighbors on the block have
enclosed their porch for more space in their household. The third, the second and third
floor is basically a two bedroom, I mean a four bedroom apartment. We have a bedroom in
the front we have the kitchen area here and we have the bathroom and let me just enlarge that
a little bit more we have the bathroom we had up three bedrooms and a den on the third floor
On the second floor, you have two bedrooms, a kitchen area, and another bathroom area here.
The second floor apartment is approximately 1,200 square feet.
The first floor apartment is approximately 600 square feet.
Here I have for you just a side view of the property.
You can see the elevation of the property.
It's a pretty large property.
A little further down here, we have the pictures of this property. I'm just going to enlarge that a little bit. This is what the property actually looks like. Here's a front view of the property. You can see it originally had a porch here. It's had been closed, similar to the next door neighbor who has also enclosed their front porch.
I'm just going to scroll down.
I also want to show you these are the new postings for the property pursuant to the regulations.
Here is another picture of the block, and I just wanted to show you here how it had been an open front porch.
This is the neighbor's front porch, but the applicant enclosed the porch similar to other neighbors on that block.
And close the porch, similar to other neighbors on that block, and closing their porches.
I have some additional pictures for you. Just show you the interior. We've got the bathroom, the kitchen, additional rooms in the facility.
commissioners the applicant did meet with a allegheny west civic association
on july 25th 2023 they did write a letter of support it appears that the tioga united
association was also in attendance at this meeting and that they did support the application
Here is the actual meeting summary from the meeting, and down a little further here, I have the stamped proof of mailing, which was sent out.
And additionally, I just wanted to show you the actual letter that was sent out by Ms. Cordelia, referencing the meeting that was scheduled with the facility.
And with that, I would ask that the board consider our evidence and approve our request for variance.
Council, how long has it been a multifamily household?
Commissioner, I'd like Mr. Harakaya to address that because I'm not absolutely sure.
Okay, he's fine.
Mr. Harakaya, can you raise your hand, please?
please raise your virtual hand
and wait till we
okay they've been allowed to speak
hi could you state your name please
and spell it for the court stenographer
William Warkaya
W-I-L-L-I-A-M
H-U-A-R-C
do you swear or affirm to tell the truth the whole truth
nothing but the truth yes sir
counsel. Mr. Harakai, are you the manager of this property? Yes, ma'am. And does Flores
Rental and Management own this property? Yes, ma'am. And can you tell the commissioner how
long this property has been operating as a two-family dwelling? I believe when we bought
the property, it was already like that. We were just trying to legalize it now.
Mr. Harakai, when did you buy the property?
According to the deed, I believe it was back in 2012.
I believe so. I don't remember that exact date.
Mr. I have no other questions.
You want him to adopt your testimony?
Mr. Harakai, have you heard my testimony as presented here today?
Yes. And would you adopt my testimony as true and correct?
Yes, I would.
I'd like to move our exhibits into evidence at this time.
Okay. Questions from the board?
No, Mr. Chairman.
Questions or comments from the virtual audience?
No, Chair.
Thank you, Jim. Questions or comments from the virtual audience?
Yes, Mr. Chair. I have Charles Richardson with the hand raised again. I have another one to speak.
Good morning, Mr. Richardson. Again, just state your name for the record. You've been sworn.
Good morning again. Charles Richardson.
Office of Councilwoman Cindy Bass Room, 508 City Hall.
Councilwoman has no objection to granting variance.
Thank you very much. Is there anyone else in the virtual audience?
Yes, Mr. Chair, I have...
Okay, the hand is raised again.
it is from a number ending in 3552 I have allowed them to speak at this time
good morning could you state your name please and spell for the court stenographer
hello hi could you state your name please and spell for the court stenographer
yes Adrian Fernandez my last name is spelled f-e-r-n-a-n-d-e-z
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed.
Okay. Swampwood RCO is opposed to this variance. If it is granted, provisals are listed, and I am asking that those provisals be affixed to the land if the appeal is granted.
the um if the appeal is granted excuse me army so i thought you said something
Thank you.
um in the letter um i stated that um the lawyer for the applicant did not appear at the meeting
i was not at the meeting either however tauge united stated at the last hearing
they stated that they did the lawyer was not at the public meeting the property was not posted
before the hearing before the hearing and also they stated that they did not vote at all