The same thing, we're going to have a mix of studios, one bedrooms, and two bedrooms.
There'll be 16 units on each floor, floors two through five.
And the floor plans are not straight across as in the 100 West Sedgley.
It's more of like an L shape with a hallway coming down and dividing the area.
But the bedroom layouts are going to be very similar to the first project.
So this would be a typical one bedroom layout.
Pretty much self-explanatory.
And this is your typical two-bedroom layout, two bedrooms, two baths, living, dining area, as well as a kitchen.
Another rendering of the project.
Here's an indication that taxes were paid for 1018 Sedgley.
And here's the receipt that we paid on March 22nd, $12,000 for the real estate tax, even though they're not due until April 1.
But we just thought it'd be in everyone's interest to share the board.
It's a significant amount of money.
We thought it'd be best to pay it before we came before the board.
Again, this is a zoning map outlining everything in the area is I-2.
uh so i i can briefly touch on the other project but if the chairman thought that it was covered
in this project i understand i think i think i think we understand what what the project
understand what the project, both projects are.
both projects are all right i just want to conclude
All right. I just want to conclude, if I can.
So we think this is a situation that warrants a hardship view because of its location and its inability to be used for over 15 years.
As I said, Mr. Williams sees this as an opportune time to move forward and really brighten up this area,
bring something of a high-class nature into the area that would complement his existing
charter school. We're not altering the essential character of the neighborhood. I mean, it's an
I-2 zone. There's no residential around. It's really going to be a focal point for the area.
We're not impairing the lighter air of any development, certainly not of the railroad or
the laundromat across the street. As I said, it's a wide avenue there.
We're basically in harmony with the code because it would be a good residential use.
We're certainly in harmony with what the community group has asked for.
I don't want to say they asked for it, but they're supporting it and they're standing behind it.
And I do think it's a unique physical circumstance that requires an alternative use rather than industry.
rate. So with that, I would, I would close and I would ask that my client be sworn in, Mr. Chairman.
Dr. Williams, could you, Dr. Williams, could you please state your name and spell it for the
court stenographer? My name is Dr. Joseph Williams. Just for the record, could you spell
your name for the record? J-O-S-E-P-H-W-I-L-L-I-A-M-S. Right. Do you swear or affirm to tell the
truth, the whole truth, and nothing but the truth? I do. Please proceed, counsel. Mr. Williams, you sat
to my right during the entire presentation, correct? Correct. And you heard what I said?
Correct. And what I said about your desire to start to develop this project since you retired
is true and correct correct and what i outlined in terms of the bedrooms the access space
the height the prior industrial use your ability to clean it up all that information is true and
correct that's correct and if you had the opportunity to testify would you adopt my
testimony as your own and that's true and correct yes i would okay mr chairman i had the two
architects standing by if you need to hear from them uh questions from the board no chair
No, Mr. Chairman.
Questions or comments from our attorney, Ryan McSherry?
No, Mr. Chairman.
Questions or comments from the virtual audience?
Planning Commission.
Good afternoon, Chair Peter Bernard for the Planning Commission.
the comprehensive plan recommends no change to the existing i2 industrial use at this location
we feel the applicant has failed to demonstrate a hardship additionally variances of this scale
and significance are better addressed through the rezoning process accordingly the planning
commission recommends the board deny the variances um mr mr clinton what i'm what i'm going to do
with this is I'm going to take this to the executive session for next Wednesday and we're
going to vote on this at 2 p.m. That way I'll have a chance to talk to all the board members. Okay?
Okay. And then I do have the presentation for 1020 and 1030, which I guess has to be admitted
into evidence. That's right. But I recognize that both of them have been completed and we'll vote
on both of these next Wednesday at 2 p.m.
All right.
Thank you, Mr. Chairman.
And thank you.
And thank you, Dr. Williams.
Thank you.
Hi, Chair.
This is Tanya.
May I ask a question?
We have a case that's scheduled for later,
but because we had to get an interpreter,
we don't want the interpreter to be standing by
until the late case.
Would it be okay?
Tell me what.
I'll do it whenever you're ready.
That's in the 3.30 section?
Yes, I believe so.
Lakeisha, can you continue to inform the board and the chair?
Thank you.
Lakeisha, do you want to bring that person on now?
Are they here?
Yes, and the interpreter name is Mike Wong.
Let's see.
I remember that case.
They've been allowed to speak.
Mike Wong's been allowed to speak.
Okay, let me just get the case up here.
Okay, so it's number eight.
So that's off the 330 list. MI 2023-002-377-2655 South Hutchinson Street. Mr. Wong.
He's the interpreter, so interpreter.
He's the interpreter. So interpreter.
And also Ming Sen Hong and Chiyo Ming Cheng, listed owners.
Can we bring the interpreter on and he could call them for us?
Yes, the interpreter is present.
After we swear him in, he can transfer for us.
Hi, could you please state your name, sir, and spell for the court stenographer?
Mr. Wang, we cannot hear you, and you appear to be on mute.
Sorry, I was, my speakerphone was muted.
Sorry, my name is Mike Wang, M-I-K-E-W-A-N-G, a Mandarin interpreter.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Could you call, please, our two witnesses? First is M-I-N-G-S-E-N-H-U-A-N-G and C-H-I-A-O-M-I-N-G-C-H-E-N-G.
And they're available, Chair.
Could you have both of them state their name for us, please?
This is the first time I'm joining your session.
So you want me to interpret everything between the witness and anybody?
Yes, right.
好的,我是翻译,这个有两位,一位是黄先生,黄明山先生,或者是郑巧明先生,请问你们两位在吗?
或者是你们没有打开话筒?
Whoever is going to testify, we need to swear them in.
你回答,他翻譯在跟你說了,回答。
請您第一位先講名字,好嗎?
No one is responding to me.
Some gentlemen said that they need to answer.
I don't know, first of all, who the gentleman is.
It has to be you speaking to the two of them.
I did, and no one responded.
Okay, that should be the applicant who was speaking.
Sam, is the applicant?
Hi, can you hear me?
Okay, so I have listed owners.
so what can they speak through my phone i'm i'm on the phone with them um can't can't they call in
here yes they would need to be able to either they got it they got a call in here to call
and they they also would have to be able to present their documents right correct
what what's your number here
No, they're hearing board phone number right now.
No, we'll post the Zoom information in the chat, staff.
So, Chair, if you would like to just come back to this case.
Yeah, we'll come back.
We'll come back shortly.
Okay, let's see if we can get back to where we were and move some of these cases along.
I'll make them the number one on the 330 list.
Number 10, MI2024-000261, 5022 City Line Avenue.
Brandon Saverin is the attorney.
They'll be coming back in as a panelist, Mr. Chair.
good afternoon mr chairman brandon howard good to see you could you state your name and spell
please for the court stenographer good to see you too um brandon saverin b-r-a-n-d-o-n
s as in sam a v as in victor r-a-n as in nancy all right do you swear for him to tell the truth
the whole truth and nothing but the truth? Yes, I do. Could you identify your client
Yes, I do.
Could you identify your client, the relationship to this property?
in relationship to this problem?
So my client is the tenant of suite B on this property, and that's Tare Enterprises, LLC, spelled T-A-I-R.
All right. And our vice chair has a few questions for you.
Do you agree to read the email of the refusers to relate to a gag person?
Yes, I do, Mr. Vice Chairman.
Have you emailed in all the documents and exhibits that is needed to proceed with this case five days in advance of the hearing?
Yes, I did.
Thank you. Please proceed and share your screen.
And I note there's a letter of non-opposition from the Winfield Residence Association with a proviso for another five-year temporary special exception.
Okay, thank you. Let me see if I can get my screen going here.
okay um so uh what you should see on your screen is um a photo of the front of the store this is
one of 17 exhibits that i have submitted to the board and would ask for all of them to be moved
into the record at the conclusion of the hearing okay as i mentioned my client is tear enterprises
which is run by a gentleman named Joe Mater, who is here to adopt my testimony.
This store is a franchised location of the Philly Pretzel Factory chain.
And I will show you some more photos, including the inside of the store in a moment.
So this is a copy of our notice of referral.
It's actually not a notice of refusal. There are no refusals.
It's purely a referral for a special exception, and you can see down here, I'll try and make
it a little bigger, it says the proposed use takeout restaurant requires a special exception
from the zoning board.
So members of the board, you've seen already today several applications for takeout restaurants.
In some districts, they require a variance.
In some districts, they require a special exception, which is a slightly easier legal
standard.
We are in a district where we require a special exception.
And as I'll show you through documentation in a moment, the board has already seen this
exact business in this exact location in 2019 and approved it.
As it actually states right here, the L&I examiner wrote this, applicant seeks to permanently
extend the temporary variance that was granted by ZP938175 in 2019. The only error there is that
what was granted was actually a special exception, not a variance. But that expires in June. So Joe
hired me to make sure that he can extend his special exception before it expires in June.
and that's what we're here to do. So the subject property is in a strip mall on City Ave. The
nearest light is Bryn Mawr Avenue, which you might be familiar with. It has both a CVS and a Rite Aid
across the street from one another, which is kind of funny. To the southwest by about a quarter mile
is St. Joe's University. To the northeast by maybe half a mile is Ballakinwood Shopping Center,
which has a big LA Fitness and an Acme. This is a photo of the strip mall from Atlas,
the city's website. So here's city line, four lanes of travel and a center turning lane.
Here's a parking lot that is shared with us and some neighboring businesses. And I'll show you
what that looks like from the street. So this shopping center is technically two properties,
but they're owned by the same landlord, our landlord. This T-Mobile is technically a distinct
property. I believe the address is 5026 City Avenue. It's occupied by this T-Mobile.
Our property is like sort of this building and the parking in front of it, which is 5022-24
City Avenue. And the Philly Pretzel Factory, my client's business, occupies Suite B in that
building. But my client's clients, his customers, are allowed to use any of this parking, even on
the neighboring property. It's sort of built as one fluid shopping center. It's like a first-come,
first-served system. In practice, I happen to live pretty close to here. There's always parking
available. As you can see in this photo, there's cars present, but they're only taken up about half
of the spaces um this is a key map that we submitted to lni when they reviewed this