civus
Hearing video

ZBA Hearing - September 28, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 28, 20225h 31m

this here

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this is the deed of the property

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right here

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okay

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this is my certificate of tax clearings okay

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this is the plan taking into account the streets

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this is the elevation of uh of the addition that we are applying for okay

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okay

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hold on i'm looking for the other ramp

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also you know

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the ramp you can see there the ramp for people that need um and also a different entrance in

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In the front.

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Also you can see here the entrance to the second floor in the rear part of the building.

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Yes.

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This is the second floor.

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This is the commercial space right here.

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and the commercial area where the restaurant would be.

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here you can see the first bedroom yes well we're good with the drawings we understand

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Yes?

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We're going with the drawings.

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We understand.

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Está bien.

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Todos los planes ya los entendemos.

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No es necesario que continúe con los planes.

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Esto aquí va a ser para la basura aquí atrás.

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Para la basura.

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Here is for garbage.

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All the trash area.

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Is that where the additions are going to be built there?

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Ahí es donde se van a construir las adiciones.

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No, no.

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Va a ser aquí, la adición.

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No, the aditions are over here.

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Over here.

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The adition was already put on it?

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Ya está hecha la adición?

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Cuando yo la compré, ya estaba así.

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No, I bought the property just as you were seeing it here.

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Okay.

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Wow.

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Okay.

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Aquí tenemos...

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Esa es mi tienda donde tengo 21 años aquí.

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and this is my store uh the warehouse uh that i have had for 21 years you can see that is well

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taken care of that's where we use one walnut street it's a isla de walnuts okay thank you

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and we sell hispanic food okay

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So one of the things that was on this list was the RCO letter. Could you get to that for us?

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Let me see that.

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Did he ever contact the RCO and go back to see them again?

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¿Alguna vez usted entró en contacto con RCO y regresó a verlos otra vez?

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No, no, no.

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va a rentar a alguien más? No, lo voy a hacer yo, me decidí a hacerlo yo. No, I decided to do it myself.

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Does he have anything else to show us?

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Tiene algo más que quiera mostrarnos.

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the interpreter wants to uh ask for repetition

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oh that's just the photos that that this is the way the the business

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is supposed to look

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once I'm able to open it.

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So when I read this case,

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it's for the erection

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of a two-story edition.

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So he bought it

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after the edition

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was already put on it?

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Okay.

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Cuando yo estoy leyendo el caso

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es para poder construir

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una adición de dos

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pisos. ¿Estos dos pisos

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ya están allí? ¿Estaban ahí

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cuando usted compró la propiedad?

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Ya están ahí.

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Yes, they are there already.

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Okay, thank you.

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Thank you.

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Gracias.

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Gracias.

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All right, so questions from the board.

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Preguntas por parte de...

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No, no.

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Questions from the board.

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Preguntas por parte de las personas responsables.

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Carol?

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Carol?

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No, Mr. Chair.

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Ish?

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No.

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No, I'm good, Mr. Chair.

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No, también.

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Questions or comments from the virtual audience?

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Preguntas o comentarios de la audiencia virtual.

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Sorry about that.

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Chair, we have Mark Ruffin.

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Please unmute yourself and wait for the chair.

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Permítame un momento.

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Hay alguien que va a hablar.

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Hi, could you state your name and spell, please, for the court reporter?

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Mark Ruffin

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M-A-R-K-R-U-F-F-I-N

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and we had specific

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hold on one minute

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do you swear for him to tell the truth

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the whole truth and nothing but the truth

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yes I do

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we had specific questions from Mr. Rosario

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with respect to

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trash removal that was never

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addressed, there were really specific

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questions that he never addressed

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for the community and I think that's part of the

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problem here

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Okay, thank you.

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I see no other hand, Chair.

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Planning Commission.

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Good afternoon, Chair and members of the Board.

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This is Greg Waldman, Planning Commission staff.

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This property is indicated for commercial mixed use on the City Plan.

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The proposed use is consistent with the documented site history

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and the physical condition of the structure.

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The City Planning Commission recommends that the Board grant the variance.

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Thank you, Greg.

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So I'm going to hold a vote on this.

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When he went to the RCO, the RCO turned this down with the fact that he was giving it to, he was going to rent it out.

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And now he's saying he's going to do it himself.

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Before we vote on this, I want him to go back to the RCO.

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Ok, el comentario por parte del señor Greg Wolfman fue que el uso comercial de la propiedad está de acuerdo con lo que ya se permite en esa y él está recomendando que esta audiencia le permita realizarlo.

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Sin embargo, el juez nos está indicando que él en este momento quiere esperar para votar al respecto.

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Cuando usted acudió a RCO, usted presentó sus documentos diciendo que usted iba a rentar la propiedad a alguien más.

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Y ahora me dice que lo va a hacer usted mismo.

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Entonces, antes de poder nosotros votar y darle el permiso, necesito que usted regrese una vez más a hablar con RCO.

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And what we're going to do is, Lakeisha, I want to have this listed again within a month.

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So we'll give them time to get to the RCO and make his presentation.

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And then we'll get a letter from the RCO about where they stand.

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Y en este momento, entonces, vamos a volver a enlistar su casa

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para volver a presentarnos en audiencia dentro de un mes.

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Con eso, usted va a tener tiempo suficiente para volver a acudir a RCO,

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tener la cita con ellos y que nosotros recibamos una carta de parte de ellos

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citando lo que ellos opinan.

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Thank you.

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Thank you.

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Are we going to leave the record open so we can have testimony?

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I think I'm going to close the record other than the communications from the RCO.

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La carpeta quedará cerrada para cualquier otro testimonio.

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Lo único que se va a mantener abierto es poder recibir la carta, la comunicación por parte de RCO.

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Thank you, everyone.

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Gracias a todos.

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Thank you, interpreter.

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Thank you, Mr. Chair.

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We're going to move to number eight.

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MI 2022-003-194-800-Cottman.

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Amy Farrell is the attorney.

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Our attorney, Hillary Emerson, is recusing herself.

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Amy Galler will be filling in.

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Recommendation of support from the Burholm Community Town Watch and Civic Association.

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Recommendation of support from the Burholm Community Town Watch and Civic Association.

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Chair, one moment, I'm trying to promote the...

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Okay.

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Good afternoon, Mr. Chair.

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I just want to clarify, this is 800-Cottman Ave.

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Which is M-I-222-003-194?

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Yes.

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Okay, great.

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Could you state your name and spell for the court reporter, please?

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My name is Julie Bernstein.

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It's J-U-L-I-E, last name Bernstein, B-E-R-N-S-T-E-I-N.

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Could you, 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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Thank you.

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Could you identify your client in relationship to the property?

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Newtown Park Association is my client.

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and they are the owner of the property. Okay, thank you. Our Vice Chair,

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Carol Tenere, has a few questions. Hi, good afternoon. Do you agree to

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wave the reading of the refusal and stipulate to its accuracy? I do.

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Have you emailed the exhibit packet with proof of ownership

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tax compliance, a copy of the refusal or referral,

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photos under plans of the property five days in advance of this hearing,

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and have you met with the RCO, and do you have a letter? Yes,

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to all of the above okay great you may proceed and begin to share your screen

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here we go can everyone see the screen okay

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hi again my name is Julie Bernstein I represent Newtown Park Association

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of 800 Cotman Ave. They are the owner. This property is owned as RM2 and consists of a

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multi-story residential apartment building with a one-story component along Cotman Avenue frontage

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that's historically housed several commercial tenants. The property has a long history of

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small scale commercial tenants on this first floor that cater to the building residents

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and the applicants here tonight or this afternoon to seek a variance for unit number five to provide

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eyelash services in a salon setting as well as a general accessory salon service for hair and nail.

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This is a personal service use and in addition to all of the other uses that are currently on the

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property. Just to streamline the process, I'll quickly go through the table of exhibits and I

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would like to have them entered into the record. I also have two witnesses with me in case there

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any questions, I have the owner's representative, Dave Waterman and L'Oreal Colon, who is the tenant.

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First, we have exhibit number one, which is our deed, demonstrating that Newtown is the owner.

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Then we have our tax clearance as number two. Exhibit number three is the notice of the refusal.

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and number four is our appeal we have at five our project information form and at number six

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we have posting prop the posting for the property for tonight this afternoon

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and okay so here we have some aerials just to

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get everyone oriented. So this is the location of 800 Cotman Avenue. It is, although it is zoned

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residential, it's along a corridor that has mixed use that you can see. There used to be a Wawa

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across the street. There's a car wash next door and a bunch of fast food restaurants down the

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street. This is the building and the renovated commercial front area. Regency unit number

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five is this one that's within the circle. And it has this nice parking right in front,

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