civus
Hearing video

ZBA Hearing - February 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 17, 20215h 2m

But in this instance,

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in terms of the density,

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we're proposing 16 homes

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that meet an affordable price point

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for those within the community

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and outside of the community

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looking for affordability

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with a little bit more density

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on a block that doesn't have a lot of density at all. So taking, balancing out some of the

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existing homes, the uses like garages, mechanics, and neighborhood in transition to frontages so

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that you have eight along 4th Street and eight along Leithgow. We believe that what we're

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proposing is reasonable. And respect your comment and understand there's a diversity

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of opinion. And I would actually say that you see that even in the feedback from the community,

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which is split. Did you fill out a low income density bonus for zoning?

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No. In fact, I'm glad you mentioned that, Mr. Holloman. This developer is not taking advantage of any of those types of code provisions to try to seek that type of opportunity.

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Of course, we're dealing with RSA-5, which doesn't allow it in the same way as some of the other districts, but we felt it more important with the reputation of this developer and the projects that he's done before that have a good track record for actual market rate affordability, if you will, rather than legal guideline affordability, that we were achieving a worthwhile social purpose.

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Thank you.

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thank you for your comments thank you any other questions from the board

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no anyone else would like to testify in this case please raise your hand

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chair we have derek spencer you may unmute yourself sir and wait for the chair

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morning mr spencer please i'm sorry sorry to speak over you mr spencer is the architect on

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the project we can hold off on him for a moment anyone else would like to testify

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yes chair we have sloan folks mr folks you've been unmuted

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good morning chairman chico zba board uh sloan folks sloane fs and fire o lks office of council

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and Maria Cayman-Sanchez.

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Coach, you're still under oath.

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Please proceed.

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Thank you, sir.

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The applicant and the RCL have met and have had at least two meetings

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to discuss the present and future concerns regarding the development.

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The community expressed a number of concerns,

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which you have seen in their letter of non-support.

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um one of the things that the councilwoman uh recognizes was that the community and the

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developer uh through mr laver uh continue to um insist on having an open dialogue and having a

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willingness to meet um the councilman recognizes that this is a high impact project and

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The Councilwoman recognizes that this is a high-impact project and understands some of the concerns outlined by the RCO.

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And she and this office will continue to advocate for mixed-income housing with an emphasis on affordability.

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One of the things that Councilwoman hopes is that there could possibly be a two-week delay on a decision so that the community and the developer can be given one more opportunity to try to identify the issues and come to an agreement on this fairness request.

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Thank you.

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Mr. Laver, is there any objection to a two-week delay?

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it sounds like the councilwoman wants to try to be helpful though both sides

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it's the first that i'm hearing of it but uh i know that mr nadal has a lot of respect for

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council member maria quinones sanchez and mr folks as well um we have engaged in uh i think

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mr folks um referenced two open community meetings but we had at least two uh zoning

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Committee leadership meetings. If the board is inclined to allow that to happen, again, out of

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respect for a council member, we do not have an objection to that. Thank you. If we do a resumption

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hearing uh fatina or tanya what would be the next date and this is

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march 10th at 9 30. 3 10 at 9 30. sharon you were about to say something uh just that the hearing

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would be limited to mr laver and mr folks if you'd like reporting on any progress made with the

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community organization. So noted. So MI, I'll wait, we'll wait for the Planning Commission

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until the next hearing. MI 2020-000711, I'm sorry, I got the wrong one here. MI 2020-002476-2214-22

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North 4th Street. This hearing will be resumed on March the 10th at 9 30 a.m., at which time the

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board will consider any feedback from the council person and the RCO. Thank you Mr. Chairman and

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members of the board. Thank you. Calendar number 0711-2346 North 8th Street. Joseph Vaccaro.

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Mr. Vaccaro you're you've been promoted to panelists

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you may unmute yourself

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there we go

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Mr. Vaccaro can you put your name and address on the record please

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good morning my name is Joseph Vaccaro attorney ID 83366

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the address 5918 Torresdale Avenue in Philadelphia 19135 attorney for the applicant

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Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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Yes, I do.

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

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Yes, I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and plans of the property, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, I do.

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You may proceed.

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Thank you.

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Good morning.

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may it please the board. My name is Joseph Vaccaro, attorney for the applicant.

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This is an application for a personal vehicle repair and maintenance in an existing attached

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structure. There will be no spray painting and no signs to this application. The reason for the

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refusal of this application was that this was a CMX-2 and the purpose of this application

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is to essentially legalize and to formalize that which has been taking place at this lot,

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at this lot consisting of 1,840 square feet for decades. For decades, there's been an auto,

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small-scale auto repair shop at this location. The location is 16 feet wide by 115 feet deep.

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It is small scale, no more than two vehicles being worked on at a time, with no more than three employees at a given time.

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The hours of operation would be from Mondays through Saturdays from 8.30 a.m.

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The hours of operation would be from Mondays through Saturdays from 8.30 a.m. to 5.00 p.m.

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Again, we're stressing that there would be no painting performed at this location.

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On January 28, 2019, I had met with the Village of Arts and Humanities, the local RCO.

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So there were 41 attendees at that meeting, 23 supported, one opposed, and there were three non-oppositions.

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The rest of the attendees apparently did not vote.

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There was a concern raised in the letter, and I quote,

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a resident supplied the following information, quote,

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attached to our photos showed that they have been operating as a business for several years

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without proper licensing and permits. They also paint vehicles in the evening, causing pollution

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to our community. They're asking for the zoning based on a small-scale personal vehicle repair

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and maintenance when they have already using structure as a business, not just for personal

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use, close quote. Again, my client has not performed any painting at that site, nor do they

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intend to perform any painting at that site. I've submitted a copy of the refusal along with the

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application for appeal. Plot plans that show the size of the lot in question, the area 16 by

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115, along with the letter from the RCO, all of that has been submitted, along with photographs

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of the site. Again, there would be no more than two vehicles being used at a time, so to reference

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or to address on the refusal that four spaces would be required, my client does not need the

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four spaces, given that my client would only be using two spaces, tops at a time, and obviously

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no storage of any vehicles out on the street. As for the neighboring properties, to the immediate

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south, there's a vacant lot, and the lot following that vacant lot, there's a marble cutting business

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where they cut stone, granite, marble, etc. The building to the immediate north is a vacant

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building. It's been vacant for many years. Focusing again on this lot, there are two bays.

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The bays have been installed years ago, decades ago. And again, the purpose of our application

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is to formalize and legalize that which has been taking place for decades at this spot.

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Next to me, in my office, I have Ms. Evelyn Ortiz.

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She's the president of New Era Auto Mechanics,

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that's the corporation that is actually operating at this time.

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Sir, Mr. Vaccaro?

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Yes?

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Go ahead.

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We lost your audio.

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You said next to me is Ms. Ortiz, and then you faded out.

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Okay, I'm sorry. I'll repeat myself. Next to me is Ms. Evelyn Ortiz. She's the president of New Era Auto Mechanic, Inc. That's the corporate entity that is operating at this spot at this time. I can turn it over to Ms. Ortiz unless the board or anybody has any questions of me at this time.

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Well, if you want to get her to adopt your testimony, we'll do that first and then we'll ask for questions.

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Very well. I'll just turn my computer. Ms. Ortiz.

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morning ma'am name and address i'm sorry full name and i'll swear you in

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evelyn ortiz e-v-e-l-y-n-o-r-t-i-z you swear and affirm to tell the truth the whole truth

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nothing about the truth i do mr thank you mr vicaro

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mr vicaro you're muffled you're you're fading out

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can you hear me now a little bit try that again okay ms ortiz okay ms ortiz did you hear my

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presentation yes did you hear that mr de chico yes yes okay and do you have anything to add or

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subtract or anything to correct from my presentation no would you adopt my presentation as your own

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testimony. Does the board have any questions? Yeah, I actually do. What were the hours of

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operation? 8.30 to 5. And the days? Mondays through Saturdays.

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And the days? Mondays through Saturdays.

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Questions from the board?

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No.

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No.

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Anyone else would like to testify in this case, please raise your hand.

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Chair, we have Mary Jones. Ms. Jones, you've been unmuted. Please wait for the chair.

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Good morning, Ms. Jones. Please identify yourself with a record and I'll swear your win.

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Mary Jones representing Council President Darrell Clark, the 5th Council District.

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We're in the firm to tell the truth, the whole truth, nothing but the truth.

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I do. Thank you. Please proceed.

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um i i actually um had first had a question um i did um review this property and we found um

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three open l and i violations including one for unsafe structure um just like ask how those will

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be dealt with you mr vicar are you aware of the l and i violations i was not aware of the l and i

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violations but obviously um i'm going to have to now that i'm aware of these lni violations

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i'm going to have to reach out to the landowner uh to see how what they are and how can they be

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resolved i can ask uh ms ortiz if she's aware of the violation or if this is the first time that

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that she's being made aware of them.

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Ortiz,

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are you aware of the

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violations issued by

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L&I? No.

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Do you know,

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Mary, do you happen to know

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the violations are listed in?

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I have

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under the

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owner is

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Palmer Pedro.

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23

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4-6. And it just says

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um violation it was open and on November 30th 2020. Okay so Mr. Vicara you're Mr. Ortiz is

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the tenant? Yes Mr. Ortiz is the tenant. All right uh what I would suggest that Mary if there's no

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objection to the use uh I'm not putting words in your mouth if there is no objection

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uh we we can do a proviso uh in addition to the days and hours of operation that they must obtain

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a co within a certain amount of time um yes that's fine um and the i guess in the no painting

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and yeah yeah no painting and no body and fender no spray painting

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yes that's that's that's um that's fine thank you thank you anyone else would like to testify in

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this case. I see no more hands shared. Thank you. Planning Commission. Good morning. Brian

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Wenrick for City Planning. This property is indicated for commercial use on the comprehensive

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plan. This application matches the pattern of existing development on the block. Accordingly,

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we have no objection to the granting of the variance. Thank you. MI 2020-000711 2346 North

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8th Street. My vote is yes with the following provisos. Hours of operation 8 30 a.m. to 5 p.m.

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Days of operation Monday through Saturday. Use limited to no spray painting and no body and

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Fender work, and a CO must be obtained within six months.

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My vote is yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Okay, thank you, everyone.

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Thank you very much.

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Have a good day.

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You have a good day, too.

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Calendar number 2473-2401, South 61st Street.

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Mr. Anastasio, you've been promoted to panelists.

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Good morning.

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Can you please put your name and address on the record?

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Yes.

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Vern Anastasio, 1315 Walnut Street, Suite 1006, Philadelphia, Pennsylvania, 19107.

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

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I do.

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

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I do.

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Have you emailed the exhibit packet with proof of ownership tax compliance, refusal referral,

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photos under plans of the property within five days of this hearing and have you met with the rco

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photos under plans of the property within five days of this hearing, and have you met

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with the...

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and do you have a letter yes to all that thank you you may proceed thank you mr chairman members

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of the board good morning 2401 south 61st street is a corner property the application is for the

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establishment of a unity of use with 2403 to create one parcel for zoning purposes only

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And the use will be for takeout restaurant with retail sale of food, beverages, and groceries at the first floor with one single family household living above in the same building with personal care service, which would be hair braiding at the rear, which is what is now a garage at 2401.

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There'll be vacant space at the first floor and a single family household living above at 2403.

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The size and location will be shown on the plans, and my client is Mohamed Sinan, who is from Africa, and he'd like to have the...

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Are you able to share, excuse the interruption, to share the exhibits?

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Oh, yeah. I thought I did that. Sorry.

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Here we go. How's that?

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Got it now. Thank you.

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Awesome.

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Awesome. So let's go back so we know what we're doing. I want to show you the refusal.

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Barge that a little bit. That would be helpful. Thank you. Yep. Here's the refusal.

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