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Hearing video

ZBA Hearing - May 20, 2026

Philadelphia Zoning Board of Adjustment (ZBA)May 20, 20266h 4m

this is a one-bedroom one

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correct correct okay you mentioned the hallway but the plan didn't show it but

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it is a one-bedroom and how does the and they have access to the basement yes the

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first floor has access to the basement and the basement is used for just

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utilities utilities and storage okay if they need it all right thank you other questions yes um you

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said that the this was supposed to be a commercial what is it our office or cmx2 yeah yeah so um

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you said something about how it was vacant for a long time and then you said there was some use

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for an office type use for a little bit can you yes repeat that please i'm sorry yeah sure

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it was vacant from 2006 to roughly 2021 where it was used for a yoga uh yoga classes

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and they would make fruit drinks and stuff like that and and then they left the property

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about two years ago, and Ms. Messina put it on the market for office space or retail

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or commercial or business, and there was nothing, you know, no hits, nothing.

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So this is basically a residential sort of area, is that?

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Yeah, there's residential, and it's kind of mixed, but yeah, this property was built

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as a residential property.

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gotcha okay thank you you're welcome um not a question but just a comment that um if the board

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does grant this um it should include a proviso clarifying that the approved use of the property

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is two-family household living so since there's already a dwelling unit there um it's not single

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family it's two family thank you thank you questions or comments from the virtual audience

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no hands at this time chair mr lamb's not there was that his name long hello hi mr long

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yes hi could you please state your name and spell for the stenographer yes dominic d-o-m-i-n-i-c

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last name long l-o-n-g do you swear or affirm to tell the truth the whole truth nothing but the

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truth i do please proceed sir i so i'm here on behalf of the second district office of council

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president keyata johnson and uh he would like to testify in support of this project

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i'm so long thank you very much we appreciate you taking the time to cause

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of course okay um anyone else in the audience

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no hands at the sim chair planning commission thank you chairman and good morning david pecto

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the city planning commission chairman and board members the comprehensive plan recommends no

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change to the cmx2 commercial mixed use zoning at this location the city rezoned this neighborhood

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in 2017 in accord with recommendations in the comprehensive plan in 2007 the city issued a

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use permit for a daycare center on the first floor and the city issued a permit into in 2022

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for a business and professional office so commercial use is viable here the city planning

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commission recommends the board denied a proposed use variance for not including ground floor

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commercial use mi 2025 007 355 1931 west peshawk avenue i vote yes with proviso approved use is to

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family whole soul living uh michael johns my vote is yes with proviso charles gaston my vote is yes

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with proviso tennetta graham i vote yes with proviso ryan mcadams my vote is yes with proviso

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hi when my vote is yes with proviso thank you counsel thank you sorry about the uh

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technical difficulties all right we're going to go back to number one um mi 2024 001 949 2900

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it's not around Devin up to is the attorney they're being promoted to panelists

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I'm sure

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this has a tax issue right am I correct sorry good morning Mr. Chair

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all right counsel could you please state your name and spell for the stenographer

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yes Devin Okada uh D-E-V

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do you swear or affirm to tell the truth the whole truth nothing but the truth

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

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then i think we're losing you there we lost you dh

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that's me try try yeah we're we we can't we can't see you but

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here it goes devin please state your name and spell for the stenographer

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D-E-V-I-N-U-Q-D-A-H.

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

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I do.

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Could you identify your client in relationship to the property?

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Yes, the client is Zahid Khan. Can you see?

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And our vice chair has a few questions for you.

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

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yes and do you weigh the reading of the refusal and stipulate to its accuracy

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yes all right thank you you can share your screen and proceed with your case

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devon i show there was a letter of support in 1924 from tasker moore neighbors association

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wait in 1924 no they supported um 2024 right 828 15 24 right yeah okay all right yes so um

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yeah that's why i said it's 24.

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uh are you able to see my screen

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we see your screen my screen okay um so just a high level overview of this property um

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this property is um set up as a um a lot to sell cars so i have some historical zoning that i'll

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go through to show that in the past it actually was set up is that it looks like at some point

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this property would just rezone with the entire area but it always was either like a car dealership

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or a parking lot. So we're looking to just basically have it stay as a car dealership

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as most of the properties on the block are. So here is the notice of refusal. This is the application

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for personal vehicle sales and rental in the zoning district.

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So this property is in South Philadelphia off of Snyder as a corner lot, so this is a higher overview of what it looks like on Google Maps.

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If you look around, so it's CMX2, so most of the properties on this block here are CMX2 properties.

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They're all usually like car dealers or car lots on this block.

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this is the original zoning notice um so what i have here is basically some historical zoning

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permits that were submitted for the property um i'll go through them rather quickly but it's just

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to give like a circle context so that you can understand um it was originally zoned for its

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use now um in like the 1950s so this is like the zoning permit um for 1951 that was um basically

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approved for it to be a parking lot and then at some point it was converted in 1955 from a parking

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lot to a lot for the people to sell cars on. Now I do understand at some point that my client is

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the the tenant of the property so at some point the property may have been not used at all which

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think probably has caused this issue. So currently, when my client came into use of the property,

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we were under, they were under the assumption that it still had its correct zoning from the 1950s,

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and that's kind of how we ended up here. It's the approval, just kind of how we ended up here.

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So right now, this is what the lot looks like now. So it's pretty much, it's owned by one person,

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and they basically run entire lot this is a car lot on the property so this is the outside of the

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lot so the grounds are pretty much the same this all the signage and stuff like that that was from

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prior permits so and this is the postage from far away so pretty much we're just looking to

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basically maintain how it's currently set up all the stuff was already there when it came into use

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the property so the uh i guess the office location and then a lot in the gates this stuff was already

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up so we're not actually looking to make any i know there was a question in some of the responses

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from the uh from the zba with the pictures like any changes to like the internal you the internal

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property or like any like renovation so all of this is going to maintain it's going to be the

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same um the gates and everything that how it looks on the outside the inside

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the gates and everything, how it looks on the outside, inside, the office space, all that's

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already set up by the owner. So the stuff is going to stay the same. And then here are some

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pictures of the areas around it. So if you see, if we're looking to the left of the property,

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there's lots up and down. This is our lot now. There's lots up and down the street. So this is

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another car lot that's on the same block. So pretty much when we met with the RCO, they were

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aware that pretty much this entire strip is car lots in this area or you know some type of like

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parking lot or something like that something industrial so the entire you know strip is is

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is another car lot as well the entire strip is just car lots so we're looking just to have our

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our obviously zoning updated so what that business actually has been since the 1950s

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Here's the proof of the postage that went out.

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This is a meeting from when I met with the RCO, which was Tasker Morris Neighbors.

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This is a letter of support from Tasker Morris Neighbors.

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I don't think we had any people in opposition.

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They were pretty aware of the community and what was going on in the area.

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Here's a picture of the postage.

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this is a picture of me backed out so you can see where it's posted as personal like the outside

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gate where people would enter onto the actual property and that's pretty much it um i am

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attempting to get a tax certificate from the owner so my client is the it's a renter so that

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that is an issue that is outstanding hold we'll hold the vote for all to do that okay all right

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you want to bring your client on and doctor yes so yes um his name is zahid khan muhammad zide

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are you in the audience there's no one in a virtual audience audience with that name perhaps

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if they could raise their hand i think he was supposed to be calling in let me um one second

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devon that's right off the expressway there am i right yes could i can i just go on mute to

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just call him to make sure he might have dropped off but just going to call him if you can do it

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right away please sure

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hey um i need you to dial back in can i give you the phone number to dial in

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No, you got a Dalvik this phone number. I'm going to text it to you now.

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All right.

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Okay.

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All right.

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Is he calling in, Devin?

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Devin?

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yeah thank you thank you froze yeah um can i take my screen down to just give

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hear me devon did did you get him

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yeah

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do we see anybody coming on

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Devin on mute Devin you're muted I don't see any new attendees at this time all right Devin

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you're muted can you hear me I can hear you now Devin you're an officer the court will accept your

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testimony okay questions from the ward yeah the rco meeting did any other issues um come up that

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the community wanted the business up uh to address uh since it's uh during this operations did any

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other issues come up no um it didn't i think the they were pretty aware i think they explained it

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they knew that it was always a car lot right there so nothing else came up um they thought

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it was pretty straightforward from when i recall that i mean the entire like i said the entire

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strip is pretty much all car lots um i think so they didn't have any any questions about how he

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was operating no parking on the sidewalks or anything like that nothing nothing okay all right

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thank you the current is your client currently operating yes

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Is your client currently operating?

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Yes.

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He is?

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Okay, because it looks like from most photos online that this is a contractor that's moving, building materials.

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So I think my question is, like, where is the work on the cars being done that does not appear to be a garage?

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And what's going on with the utility hookups?

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So he's not a, what do you mean a contractor?

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He's a car salesman.

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I understand what you said.

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i said that currently the photos online that are available of this property make it look like it is

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a used building supply like there's big pallets of drywall and it looks like that is what has been

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being sold as building materials you may so it may be a lot next to it he doesn't he doesn't

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sell building materials he sells cars okay he doesn't sell like like like for like renovations

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he doesn't do that at all correct so is there any any more uh accessory buildings being added

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or he's just this we're just no legalizing what's already there we're just legalizing what's already

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there okay all the questions questions from our attorney hillary emberson um no questions but just

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want to note that we can, um, we can set the vote date for this at June 17th at 930. Thank you.

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What was it again? June 17th at 930. All right. We're coming back then. Okay. All right. Okay.

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Um, all right. Questions or comments from the virtual audience?

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No hands at this time, Chair. Planning Commission. Thank you, Chairman. And good

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Good morning David Vecto with the city planning commission chairman and board members the comprehensive plan recommends a change in zoning at this location from CMX to commercial mixed use to ICM x industrial and commercial mixed use.

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The city last rezoned several parcels in this neighborhood in 2002. However, the zoning and the majority of this neighborhood, including this block dates to 1933.

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33. the proposed use personal vehicle sales and rental would be allowed with a special exception

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in the recommended icmx zoning the city planning commission recommends that the board grant the

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proposed use variance for personal vehicle sales and rental thank you um devon we're going to hold

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this to june 17th at 9 30. okay all right thank you thank you very much is there anyone else in

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audience whose case has not been called from the 9 30 list no hands at this time chair body at 2 p.m

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all righty

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how many in the audience 29

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we're ready to start good afternoon everyone my name is bill bergman i will be chairing this

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meeting of the philadelphia zoning board of adjustment with me is our vice chair tenetta

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graham president mr chairman our board secretary charl gaston president mr chairman board member

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michael johns president mr chairman ty is here now ty win she'll be here in a little bit and

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And Ryan McAdams is our hearing.

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Present, Mr. Chairman.

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So here is our attorney and also our zoning board director, Ian Haggerty.

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This hearing is being recorded and will be posted on the ZBA website.

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By participating, you consent to be recorded.

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This is an in-person meeting with remote capabilities.

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whether remote or on zoom if you're called to speak please state and spell your name

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and then wait to be sworn in after you've been sworn in please mention your name each time you

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testify to enter appearance indicate the property address on your zoom webinar speak with a staff

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member call the zba call the zba by the close of business tomorrow call 215-669-2429

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and please provide your name the email address and the case address

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remote participation raise your virtual hand when directed so that we can call on you

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When you are called on, please click the join as a panelist button, use the Q&A questions for procedural issues and not the case.

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Use the Q&A questions for procedural issues and not the case.

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If you're called by phone, press star 9 to raise your hand and star 6 to unmute.

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For in-present panelists, if testifying, get close to the mic so that we can hear your testimony, that everyone hears it, and also the court reporter.

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No talking, eating, or drinking during the hearing.

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aggressive behavior will not be tolerated in in the case of an emergency follow staff instructions

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the main exit is through the doors at the rear the the stairs are to the left

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if we have to evacuate go to love park which is directly across art street please remain

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here so we can account for you so let's look at our schedule

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Number one, MI 2023-005-621-254 South 54th Street, Zen Jin is the attorney.

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Good afternoon, counsel. Could you please state your name and spell it for the sonographer?

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Yes, my name is Zen Jin, Z-H-E-N-J-I-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 counsel could you give us an update on this case yes uh my client unfortunately would request

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a withdrawal of this matter uh primary reason is that he has had a lot of issues with family

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overseas and hasn't been in the states and therefore couldn't process the paperwork that

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is required by the board so rather than delaying further he feels that a refiling in a later date

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when he's ready would be a better avenue thank you very much so 254 south 54 street that case

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