civus
Hearing video

ZBA Hearing - August 5, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Aug 5, 20267h 25m

almost all the stores on the block are built back almost to the property line

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I'm certainly thought she was doing the right thing she actually did hire a

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contractor to enclose the freezers in the back of the store unfortunately she

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didn't know enough to ask the contractor to actually see the permit uh here is the layout

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of the building this was the original one story uh building and this was the addition which was

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built to enclose the freezers and the addition was actually built back to the property line

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this is how the store looks in the front here's a picture of the posting

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Here's a picture of the posting, just another picture of the posting, but here's the interior of the store.

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Thank you.

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It's really just a straight back store. This is looking from the front door all the way to the back.

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I'll show you the room in the back a little later where the freezer isn't closed.

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To the right, she has some freezers for her perishable items.

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To the left, excuse me, in the middle, she has some fruits and vegetables.

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And to the left, she has some goods.

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Her cash registers are here at the front of the store.

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She employs five people from the community.

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Her hours are 9 a.m. to 9 p.m., Monday through Saturday.

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This is a picture from the rear of the store looking out to the front.

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This is a picture of the back room, which encloses the freezer.

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As you can see, it's a very, very large freezer.

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There's a little room to the side of the freezer.

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This is the exit to the rear.

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There's really no rear yard.

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When you exit in the rear, you're really exiting into the alley.

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uh i wanted to give you a side view of the property so you can actually see

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the addition this is really not actually our building you can't really see it our

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building is a completely one-story building this is the jamaican restaurant next door

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but their addition is about the same length as our addition our addition is right next door

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and this is the little like breezeway alley in the back of all of these properties you can walk

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through here it's kind of yucky but you can get out through the side this would take you right

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out to 64th street this is actually simpson street um it's the opposite side of the block

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i put these pictures in here to show you where all the businesses here store their trash

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We store our trash in either the first or the last garage door here.

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We have commercial trash pickup.

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It's picked up twice a week or more if actually necessary.

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This was a picture.

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Let me just slide it over a little bit.

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There we go.

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That was the proof of mailing. I did notice a meeting on July 28, 2026. I sent flyers to 131 residences.

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This is the letter that was circulated in advance of the meeting.

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And this is just to show you our trash storage. I did add these pictures after I submitted the presentation last week.

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and i did get a letter from the 34th republican board today it was just an email letter and it

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did show that uh we had the meeting i believe there were two other rcos that attended but not

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many residences and they supported the project completely and that's all i have for you today

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commissioners thank you do you want to bring your client on and have your testimony adopted

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Ms. Sartney, can you raise your hand, please?

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Do we see a hand?

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Mr. Kafumba, are you on the line? Can you raise your hand, please?

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No, I don't see any hands.

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Darlene, you're an officer of the court. We will take your testimony.

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Questions from the board?

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what is what is in the addition in the addition houses just the total freezer it's a huge uh

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freezer i'm going to scroll down to the pictures okay

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This is the addition and it houses.

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This is the back door.

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This is the addition that houses a really,

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that houses a really really large freezer and that's the only thing that's in the addition

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really large freezer.

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it's just the freezer it's a commercial it's a big commercial a freezer which originally i really

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thought i could remove to comply but it's not removable and it's very very very expensive wow

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yeah and and and he's using this your your client uses this yes my client uses this to uh store uh

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perishable goods uh she really needs this freezer to uh operate her business she is right next door

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to the cousin's supermarket and she is uh competing for a grocery business in this area

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gotcha okay all right thank you where's this freezer in relationship to the the garages that

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you showed in the other image well the garages are around the corner um the freezer is in the

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back of the building let me just scroll up a little bit more or do you or do you have another

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photo of larger context because i think it's very zoomed in all you can see is a portion of the

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freezer and the the rear door yeah these garages are actually on simpson street um it's the next

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block it's to the left um they're not attached to the store at all um they're just spaces for

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these commercial businesses each of them i don't know if they rent them or what but they do have

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separate units each of the stores to store their own uh trash thing so this is actually 64th street

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through all the way through here is a really small app excuse me this is simpson street i'm sorry

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all the way through the back here is an alley that goes out to 64th street let me see if i have a

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better picture this is just a close-up of the alley from actual 64th street those garages are on the

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next block they're actually on Simpson Street and I could have had a better

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picture but I don't so if a person like from the rear door next to the alley I

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mean start from the rear door next to the addition you would enter into this

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alley and exit out on 64th Street you could exit out on 64th Street I don't

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think you could get through that alley honestly I tried to Simpson Street but

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you can exit to 64th street okay and then do you have a site plan that shows this addition in

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relationship to the rear property line did i miss that yes i do okay

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is there anything else in this edition because the addition in drawing looks larger than your image

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Well, it really was tight, Ms. Wynn, so I could only kind of walk up and take that picture in the back. There's a little bit of space in front of that freezer before you come into that room. I would say maybe six feet or something like that.

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right but like your image shows the addition coming out proud of a doorway to this property

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and this is showing the addition being the entirety of the remainder of the lot so where's

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that door on this site plan so this is the existing one story correct all right and there really

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should be a door right here on the back here and there should be a cutout correct isn't there

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it's there's a cutout right yeah so this drawing is not depicting what is actually happening in

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real life is that freezer actually 51 feet wide what long i didn't hear that i'm sorry so the

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freezer is 51 feet long according to uh this diagram yes i know but looking at your photo

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it looked like it was like 15 feet so that's why i'm i'm asking for clarification

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maybe it is i don't know yeah sure that should show the door that's not the only thing that's

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contained in the back room uh i i apologize i don't have the actual dimension but the only

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thing in the back room is the freezer it does sit back up against the wall and there's a little bit

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a space in front of the freezer but not much okay and there's nothing else happening back there not

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garbage nothing else happening back there uh during it during the day uh they may uh before

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the end of the day they may store some trash back there but then they walk it out into the

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the trash storage area on Simpson Street and place it there in the E.

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trash storage area on Simpson street um and place it there in the evening time okay questions from our

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attorney not at this time from the virtual audience I see no hands here any commission

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thank you chairman and good evening David Fecto with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the cmx2 commercial mixed

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use zoning this location this commercial corridor still carries its original 1933 zoning this

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building addition appears to have been built without the benefit of permits the city planning

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commission recommends the board to deny the proposed dimensional variances

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and my 2026 002 329 6409 woodland avenue i vote yes michael johns i vote yes

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Ryan McAdams, my vote is yes.

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Ryan Wynn, my vote is yes.

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Is there anyone in the audience whose 2 p.m. case has not been called?

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I see no hands.

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We're going to take a five-minute break, and then we'll...

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Good afternoon, everyone.

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my name is bill bergman and i will be chairing this meeting of the zoning board of adjustment

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with me is our vice chair tanetta graham president mr chairman our board secretary

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cheryl gaston president mr chairman board members michael johns

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he's he's here taiwan mr chairman and ryan mcadams president also present is our attorney hillary

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emerson this hearing is being recorded and will be posted on the zba website by participating

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you agree to be recorded this is an in-person meeting with remote participation whether in

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person or on zoom if you're called to speak please state and spell your name then wait to

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be sworn in once you've been sworn in in the future just state your name each time before

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testifying to enter your appearance um indicate the proposed the property address on your zoom

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webinar speak with a staff member call the zba office by the close of business tomorrow

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215-686-2429 and provide your name email and the case address remote participation

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raise your virtual hand when when directed to speak when we call on you make sure that you

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click the join as a panelist button use the q a only for um procedural questions don't ask

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questions about the case itself if you're joining by phone press star nine to raise your hand and

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star six to unmute. Let's look at our schedule. Number one, MI 2024 006122 814 Brighton Street.

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Frank Turner is the attorney. We have no updated exhibits. I'm allowing Frank Turner to speak.

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good afternoon hi mr turner could you please state your name and spell for the stenographer

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yes frank turner f-r-a-n-k t-u-r-n-e-r do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do um mr turner this is uh we still don't have any updated exhibits

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and this is the fifth listing could you give us a sense of what's going on with this case

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Yes, my apologies. I sent the exhibits earlier this afternoon around noon. I got an email back from, it was listed as board council, saying that it could not be heard today because you guys had not received the exhibits.

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I suggested that it might be in everyone's interest to actually hear the merits this afternoon.

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They reiterated that you would not be able to hear that.

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I would ask if it's continued.

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We're going to continue this case?

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Is it possible to continue it to maybe the August?

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So listen to me.

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This is what we're going to do.

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We're going to continue this to 12-6-26.

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6 at 3 30 p.m. and what will happen is uh if you can if you need to get in earlier then you're

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going to have to call the office and see what they can do for you okay i understand thank you

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I understand. Thank you very much.

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very much all right thank you so everybody knows that case is continuing

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All right. Thank you.

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So everybody knows that case is continuing to 12-6-26 at 3.30 PM. Number 4.

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MI 2026-001-103-2102 Bridge Street.

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Zen Jin is the listed attorney. This is the first list and we have no exhibits.

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Excuse me chair. I think that case should be continued to 12, 16.

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Okay, 12, 16.

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26. Thank you.

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Okay, so, um.

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Do we see Mr. We see Zen's hand anywhere.

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No, chair. I do not see the engine in the audience.

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Okay, so this case will be continued. MI 2026-001-103-2102 Bridge Street. It will be continued until 12-16-27 at 3.30 p.m.

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Right? 26?

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I have to put it on the clip. It's on the slip.

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Okay, thank you. All right.

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Number three, MI 2026, 001-093-1968 North 31st Street, Christopher Dean is the attorney.

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Christopher Dean has been promoted to penalist.

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good uh evening chair afternoon mr dean could you please state your name is spelled for the

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stenographer christopher dean last name d-e-a-n all right um do you swear or affirm to tell the

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truth the whole truth and nothing but the truth i do yeah you're taking a place right here

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oh our vice chair our not our vice chair our board secretary has a few questions for you

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how's that good afternoon counsel um did you submit your documents and exhibits five days

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in advance of this hearing i did and do you waive the reading of the refusal and stipulate to its

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accuracy. I do. Then you can proceed with your case. Great. Thank you. Hopefully everyone can

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see the screen. I have the pleasure of representing Stephanie Tarkenton, the owners of 1968 North 31st

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Street. This is a narrow request to legalize an existing duplex, not expanding it. We're not

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expanding the footprint of the building. My clients bought this building actually just last

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October as an existing duplex there were no modifications that created the

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issue here today my clients were happy to reinvest in a community where they

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actually had in fact Kevin had Kevin's family ran a convenient of a market BT

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and sons for nearly 20 years in strawberry mansion the requested

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variance is the minimum relief possible it authorizes no new construction no

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additional unit no changing of the footprint the blueprint it simply preserves the existing

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residential building in its present form the use is compatible with the neighborhood because it

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remains residential and does not intensify the property and it preserves the below market rental

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homes and strawberry mansion in fact my client offers rent at 11.25 a month which is we believe

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$200 less than the average PHA rent.

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The affordable rents are not a

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hardship argument, though. The existing building physical configuration and the burdens

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of having to convert this to a single family are.

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The hardship was not self-graded. The relief is minimal. And the existing duplex

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will not harm the health, safety, welfare of the neighborhood's character.

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So if I could just go through my exhibits, and I do have Stephanie on, and our

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architect is here in case there's any questions uh ben from pace in case there's any questions

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about the design so i want to go through your documents sure but remember we have all your

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documents so um if you had drawings and pictures would make it easier all right so i'll just go

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through the existing floor plans um there's a picture photos of the property um excuse me

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there are i'll get the units up there are two units two floors um each is a one bedroom the

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Each is a one-bedroom.

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The first floor is a 650-square-foot unit.

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first floor is a 650 square foot unit

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The second floor is a 728-square-foot unit.

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It existed when my clients purchased it.

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There's a rear staircase that leads, I'm sort of highlighting right here, on the first floor that leads to the second floor.

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