civus
Hearing video

ZBA Hearing - May 15, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 15, 20245h 20m

or directed at the applicant themselves and for other activities that they've constructed

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or developed in the area versus a direct opposition to this proposed use.

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In support, there were several individuals who were excited to see another coffee shop,

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excited to see development on this corner and excited to see the ability for pedestrian

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traffic in the area and a place to go that offers the amenities that this location would offer

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why don't you bring Mr. Feinbush on yes I do want to just state that this development will not

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impact congestion in public streets we don't believe it'll harm the neighbors use or increase

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traffic congestion as this is a place that's very walkable from nearby locations and homes and will

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not have any environmental impact. At this time, I would be glad to call Ori Feibush to adopt my

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testimony. Ori Feibush is allowed to speak. Good morning, Mr. Feibush. Could you please state your

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name and spell for the sonographer? Yes, of course. Good morning. Ori Feibush, O-R-I, F as in Frank,

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E-I-B-U-S-H. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do. Please proceed, counsel. Yes, Mr. Feibush, have you had an opportunity to hear my testimony

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to the board today? I have. And is it true and correct to the best of your knowledge? Yes.

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And would you adopt my testimony as if it was your own? I would, thank you. And if you don't

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have anything to add at this time i would like to uh offer myself and mr fey bush to answer

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questions from the board and the community questions from the board no mr chairman

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jim

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jim snell

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Do we see Jim on the line?

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Yes, Chair, just like he's having trouble unmuting.

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Okay.

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Jim?

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Sorry, Chair.

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No, no. Thank you, Jim. Any questions or comments?

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No questions.

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Okay. Questions or comments from our Attorney

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Hilary Emerson? Just briefly, Mr. Chair.

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Mr. Crick, is the proposed use for a specific

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unit in the building? I was a little unclear on that from the lease. Yes, I believe it is for

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what we are designated as 2230, but the building is not necessarily partitioned just yet. So it is

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for a certain structure, a certain subset of the structure, as is visible by the interior floor

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plans here, as well as the site plan or general overview in this section of the property.

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um so it's the sorry say that again it's the 2230 2230 i believe yes but that is not an

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official address but that is the effective location that that the applicant um is kind

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of designating it as and i can let mr feibush uh address anything if there is some difference

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to my testimony yeah let's just verify let i just want to verify with him and make make sure that

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if the board does grant this that it's not for the wrong

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location. Mr. Feinblech, what would you want us to use?

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I think that address is appropriate. We have the entire building. So 2230

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i think that address is appropriate so we have the entire building so 2230 washington feels

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W.

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appropriate and that's the rectangle on the far right thank you very much thank you so much

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questions or comments from the virtual audience yes there's a calling user will be allowed to speak

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hi could you please state your name and spell for the court stenographer oh hi uh tiffany green

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concerning citizens of Point Breed.

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Hi. Tiffany, could you

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spell your name for the stenographer, please?

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Yes. T-I-F-F-A-N-Y

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G-R-E-E-N

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Right. Do you swear

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or affirm to tell the truth, the whole truth,

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nothing but the truth? Yes, I do,

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sir. Please proceed.

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We attended the meeting, okay,

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and it was well attended, and

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we just had

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some concerns regarding the zoning

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corrections

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that we felt, because one of our concerns was that the L&I application was submitted

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on behalf of the owner, yet the owner did not attend the meeting, nor did the lawyer.

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This gentleman who, I know, is he the lawyer that's been speaking?

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Mr. Bergman, can you give me his name, the lawyer that's been speaking on behalf of this

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project?

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Justin Crick.

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Justin Crick.

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Okay.

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Well, he did not attend the meeting either.

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So Mr. Feinbush presented his own project.

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So we have a concern because we are voting on changes to a property that we were not able to verify with the owner.

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I did send in a letter, a summary that I hope Ms. Hillary got it.

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I was having some Internet problems.

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But basically, let me just sum up the letter for you.

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So, therefore, since the owner did not come, we, due to these recent events of legal ramifications surrounding RCOs,

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the owner not being at the meeting was a problem for us.

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We did ask him about the owner, but he stated, Mr. Feinberg stated that he was going to present.

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And so, therefore, we have not had a chance to verify with the owner that he supports these proposals to changes to his building.

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And we would just like to hear from him, not saying that he doesn't, but we would like to hear from him specifically.

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That's a concern.

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Also, the vote sheet concern, we presented that most 15 of the people who voted in favor of the project, I would say at least 13, did beyond two blocks.

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But unfortunately, we weren't able to get an unedited vote sheet.

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As you see, it's been edited.

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And so to really see the attendees, to verify the attendees as nearby neighbors, which is beyond the two-block radius.

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Okay, so in the fact that there are other businesses in there, we just ask that from a legal standpoint and that to make sure that the zoning is correct going forward for years to come, we think that provisos should be added, and so we're asking that the ZBA would consider our provisos just as a matter of the record, you know, to accept the proviso, which is the unit number.

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The advocate needs to disclose the unit number with the address of the coffeehouse.

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The variance will be restricted to the unit number and not the whole parcel.

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L&I states a variance can specify a space using a unit number.

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The unit number will differentiate from other businesses in the property and give the variance a specific space.

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The unit number will be revised on the plans and show in the building design at the L&I records.

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The unit number will be revised plans will be sent to all effective RCOs before the notice of decision is issued

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and that the number unit will be documented on the notice of decision should you approve the project.

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Two, no hot food or sit-down restaurant.

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According to L&I, the application has to reapply for an amended refusal if they propose a sit-down restaurant.

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The refusal, as written, is for prepared food only.

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Three, inside trash will be kept.

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Washington Avenue is an industrial-style avenue.

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with no food shops on this end recently to keep the character of the industry

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and the industrial avenue, trash will be kept inside the property.

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And there were concerns from, I think, two of the neighbors that lived behind,

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directly behind, that they didn't want trash on their block.

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And lastly, hours of operation.

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I'm okay with the hours of operation.

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but what I did put in there was 7, but if he wants to do 6 a.m.,

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we're willing to adjust that and to 8 p.m.

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because that area is still very desolate at night.

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We think it's a safety issue for particularly people and women walking home

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around the area because it's just starting to have commercial.

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So commercial in this building, we do want to keep Washington Avenue commercial.

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However, there is also a parking issue.

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I do think there is a congestion area issue that might take place

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because the tenant is moving his real estate office there

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and he stated he's bringing close to 100 agents

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and parking in the area would be an issue.

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And parking in the area would be an issue, so I want to add to the proviso that maybe two-hour parking would be added to this block.

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So I want to add to the proviso that...

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I'm not sure if that could be a proviso, but I just want to make note of that.

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You're moving 100 agents into the building, along with the coffeehouse.

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That's a lot of traffic for Washington Avenue that is industrial and have other businesses, like you have a storage unit there.

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Then you have Habitat for Humanity that's right across the street, where you have a lot of people that come there, too.

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So that's a lot more parking in that particular area, 23rd and Washington Avenue.

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All right. Thank you for taking the time to close. Is there anyone else in the virtual audience?

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I see no hands. Planning Commission.

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Good afternoon, Amy Boyd with the City Planning Commission. The comprehensive plan recommends a change in zoning from medium industrial to industrial residential mixed use at this location.

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The proposed use would be allowed under the recommended zoning and is consistent with documented priors of this property.

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Therefore, the City Planning Commission represents that the Board grant the variance for eating and drinking establishment.

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Thank you. MI 2023-007-205-2200-38 Washington Avenue. I vote yes with proviso. Use limited to Unit 2230.

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Thomas Holloman my vote is yes with proviso James Snell my vote is yes with proviso

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thank you counsel you have your votes thank you very much

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number 15 MI 2023 0007 158 3533 North 16th Street Henry Clinton is the attorney

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There is a letter of support from Nicetown Tioga Improvement Team.

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Henry Clinton has been promoted.

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I'll wait for Mr. Clinton to come on.

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He and I just had a conversation.

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It had come to my attention that while this appeared to be a change of use application, this is actually new construction.

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so the refusal is incorrect um and the the application either needs to be refiled or we

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need an amended refusal to reflect that this is new construction so um i've advised mr clinton that

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unfortunately we cannot hear the case today until we have a refusal that correctly states what the

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project is is that okay mr clinton it is what it is i i can't so we can't hear mrs everson we can't

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have the case heard today and then hold it? No, we cannot. The refusal is written as a change of

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use, and this is new construction. The plans may have not been reviewed by L&I. I have to go back

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to L&I and ask them whether this can be corrected or whether a whole new application can be filed.

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All right. I'll wait to hear from you then. Thank you very much.

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Thank you. So I'll take care of it. MI 2023-007-158-3533 North 16th Street. This case is continued.

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Thank you, Mr. Chairman.

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Okay. 16, 17. And number 18, MI 2023-007-094-6969 Van Dyke Street. Pascual Calavita is the attorney. There's the letter of unanimous non-opposition from the Tacconi Civic Association.

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question. Pasquale Colavita is coming in as a panelist.

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Good morning, counsel. Could you state your name and spell for the court stenographer?

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Good morning. Pasquale Colavita, P-A-S-Q-U-A-L-E-C-O-L-A-V-I-T-A.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Could you identify your client and the relationship to the property?

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Sure.

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Iglesia de Dios Penegostal M.I. Peniel.

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Okay.

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Mr. Holloman has just a few questions for you, sir.

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Of course.

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Good morning, counsel.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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With the exception of the indication that the parcel owner is Prima Chiesa.

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It had the old owner.

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I have a copy of the deed.

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I probably sent six plus emails trying to correct the refusal.

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I've spoken with board counsel Hillary Emerson.

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board counsel hillary emerson she indicated that this was not going to should not be an issue with

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She indicated that this was not going to.

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it uh the uh real estate department uh that the recorder of deeds actually has the updated

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information uh so uh why do you proceed proceed thank you okay i'm going to start by sharing

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just a moment please next question yes did you email all the exhibits and documents as required

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five days in advance to this hearing i did thank you please proceed and share your screen

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okay let me find the correct screen

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attached uh is a copy of our table of contents indeed notice a refusal application for appeal

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architectural plans photographs of the property photographs of zoning poster

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notice to the neighbors with proof of bulk mailing letter of support as you had stated earlier from

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the coney civic association in the philadelphia tax center so this is a refusal it's a dimensional

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variance that's requested. My clients

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want to add an accessory

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we'll call it office to

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the present church because there's lack of space

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there. And as far as

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the tax clearance, it shows a zero balance

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and posters

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posters as stated have been previously forwarded and here they go and photographs of the property

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that's what the church looks like right now the proposal is to be on to the left side of

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the church between the properties this is the rear of the property again another shot of the

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side of the property and i can uh show us a copy of the drawings i am here we go and as you can see

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this is the um plans within the proposed one-story structure on the side on the left side of the

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property on the the uh larger street on tycone street and this is a copy of the rendering of

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what it would look like. We had a successful meeting with the neighbors at Tycone. A lot of

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questions were asked and replied to, and everybody seemed to have liked the project and had no

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opposition to it. And again, attached, as you can see, is their letter of non-opposition

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to this project

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why don't you bring your client on

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Mr. Calavita

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Pastor Pedro Cruz

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if we can

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get him on

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Pedro Cruz is allowed to speak

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good morning pastor

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could you please state your name

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and spell for the court stenographer

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