to it. Okay. So you may continue. Okay. So, um, the other issues that I have, um, are, um, I feel
like there has been people that have been, neighbors, um, that have been opposed to my
project because they have also, they've literally told me, I'm going to oppose to your property
becoming a business, but I'm willing to purchase your property. Well, that says a lot right there.
What we do there, which is not any business going on right now because we're not zoned to
do anything so there's nothing going on as of right now um whatever we're doing up and i really
wish you could see how far we sit back from the street it does not they cannot hear back there
they cannot see back there there has never in the history of about 20 years that my father
was renting a space back there prior to us buying the property. Has there ever been an overflow of
cars on the street of Church Lane? There's no need for us to use Church Lane at all. We just
have too much property. We won't even have that much. I can't foresee that much business going on
every single day, whereas though the overflow would go in the street. We have maintained this
property. We have put thousands and thousands of dollars into this property to try to fix it up
and get it prepared to make it in the mission station. I don't know if the neighbors know that
this building was actually rat infested and i mean rat infested so we had to do you know a lot
of patching on the inside of the cement and stuff like there is a lot of money that we have put in
to this project and it's just kind of hurtful that i feel like people are trying to shoot us
down for their own benefit um the community okay well i'd like to interrupt you again um
the rcos and the councilwoman are opposed to this being used for emissions or a repair shop
okay i don't do you have anything else do you have anything else to add to that because i'm
going to go on to see if there is another witness um no i mean i don't no i don't i don't exactly
know why they're opposed to it um the only thing that i can say is if the community was to um was
opposed to it um when the property was up for sale because my understanding is they would like to see
it for community parking um why didn't at that time when the property was up for sale didn't
didn't they purchase the property
they purchase the property to have it i don't know that's not that's
to have it be
I don't know that's not that's not
zoning to respond to
but I thank you
for your testimony
does the board have any questions
planning commission
uh thank you chair tenari um p.n hegarty for the philadelphia city planning commission
comprehensive plan recommends no change to the existing rsa3 zoning at this location
i'll just note that the property has been zoned for residential use since 1978.
the existing structure on the lot is non-residential construction so we agree
that some relief is justified. However, the proposed motor vehicle repair use, regardless
of the current owner's plans, is a use that's likely to substantially injure the appropriate
use of adjacent conforming property. And it conflicts with the expectation implicit in
the residential zoning district, which has been in place for over 40 years, well before
the applicant bought this property, that this area will transition to residential use. And
And so, therefore, the City Planning Commission recommends that the Board deny the variance.
Thank you.
Calendar number 0780364R-68 Church Lane, my vote is no.
My vote is no.
My vote is no.
My vote is no.
Thank you.
Madam Chair, this is Sharon.
If you could next see if Mr. Dean is here, go back to number six.
if he's present his case could be heard before the add-on calendar number zero zero five eight
three zero two one amber street the attorney is christopher dean
i don't see him listening oh wow okay he sent me a text a few minutes ago saying he would be
signing on any minute.
Can we try just one more time
to call? Is Christopher
Dean somewhere out there in virtual
land? Well, I'm on your number.
He's not on the list.
Okay. Okay.
Proceed with the next
one. Thank you.
Do we leave this open or continue it?
No, you can hear him after
the add-on. Okay, great. Calendar number 0137-4306 Parkside Avenue.
Madam Chair, I just promoted the Darwin to panelists.
okay good morning madam chair good morning name and address please and then i'll swear you in
sure first name darwin d-a-r-w-i-n last name beauvais
C-A-U-V, as in victory, A-I-S, as in Sam.
I'm located at 1500 Market Street, Suite 3500E.
That's in Philadelphia, Pennsylvania, 19102.
Do you agree to waive the reading of the refusal, stipulate to its accuracy?
Yes, I believe this is a resumption hearing.
And do you also swear or affirm to tell the whole truth and nothing but the truth?
so help me god i do okay and excuse me this is sharon if we could also um promote attorney
yvonne haskins who has asked to participate and has submitted exhibits okay and this hearing is
to hear additional testimony from the rco and the council person yes and what i was the community
and the community and what i was hoping um because i do believe miss haskins has yet to
even present a case uh because she was hired after the last uh after this matter was continued
so i just want to orient the board then we can give it to miss haskins and then i would just
like time to for rebuttal um excuse me miss haskins could you please raise your hand
and this is Sharon if I can add one more thing I believe Councilwoman Gauthier is going to appear
to testify and I I just ask that that um we we get the final say before we close the record um
we get the final say before we close the record.
While Ms. Haskins is being promoted,
I just want to remind the board
that we appeared before you on May 5th
and it was continued with explicit instructions
for the applicant and the community
to sit down and come up with a compromise.
uh after that my my client did make calls and made overtures and there was none none of these
overtures took place and i in fact seven weeks went by before he received a phone call and at
that time he received a phone call from miss haskins who identified herself as representing
the community and but by that time there was already uh uh how could i describe it
there was already a protest being mounted against the project and if i
if if if i can share my screen and show you what i have found
Facebook post by Ms. Haskins. Okay, wait one second, Darwin. I want to
swear Ms. Haskins in. Okay. Yvonne, can you put your name and address on the record, please?
And you have to unmute yourself.
Unmuted. Okay. Yvonne B. Haskins.
70, you need my address. H-A-S-K-I-N-S.
My address is 7035 McCallum Street, Philadelphia, 19119.
And do you swear I'm firm to tell the whole truth and nothing but the truth?
Who are you representing?
I'm representing.
I'm sorry.
And what do you plan to present today?
I am representing the Protestants who had registered their opposition via RCO letters, as well as having been at the last hearing to testify, but the hearing was cut short to ask that we compromise.
At that time, Mr. Consul was the attorney or the applicant, and according to what I'm hearing from Mr. Bouvet, this is going in a direction that is not what Mr. Consul and I agreed to.
Okay, well now, Mr. Bouvet, you can continue.
Yeah, I don't know about that. It's the applicant's position here.
um so this is a facebook uh communication that was posted and and i just want to make note of
something interesting at first i thought i'm sorry to interrupt sharing but mr bobe wouldn't it be
fair to allow miss haskins to put on her case before yes yes you're absolutely right and i
just asked the board that just a matter of orientation on how we ended up getting here
We had a hearing May 5th. We were given explicit instructions to try to come up with a compromise. And between now and then, what took place was, and this is what I wanted to point out, the public was notified by Ms. Haskins and the Protestants that this was a 96-foot building.
And we don't have to go into any of this, but we actually saw photos.
We took this photo of the protest that took place at our location saying it was a 96-foot building.
I'll yield my time.
I'll let Ms. Haskins present.
But I wanted to let you know that from the time that we met, we were given explicit instructions to try to come up with a compromise.
what took place was something completely different and we are at wit's end and want to come to the
board for a decision. I yield. Thank you. Ms. Haskins, you may proceed. Good morning. I believe
that the procedure should be that I'm allowed to cross-examine the applicant. The proceeding that
would have occurred had I been the attorney representing the opponents on May 5th, would
have been to allow me to cross-examine after their case in chief. Mr. Bouvet is testifying here to
case in chief. Mr. Bouvet is testifying here to a Facebook post and how their wits in and so forth
and I haven't had a chance to cross-examine the applicant to put on the record what actually
occurred in our negotiations. And also, the Facebook post that he is showing does not show
the exchange of the applicant with several members of this Facebook group, the Philadelphia
urban planning community group. That is a very influential group. And Mr. Yakubov actually put
on things that were not true. There was one sign, he's correct, there was one sign that said
96 feet high. There were 10 or 12 signs that had the correct height. And therefore, I doubt if
anyone was convinced by one sign. My post was an error and I corrected that post later, but none of
that is being shown on the Facebook. Moreover, most of this testimony that you're hearing now
from Mr. Bouvet is irrelevant as to whether this applicant has an unnecessary hardship
and meets the legal standards. So I would like the opportunity to cross-examine Mr. German.
I object. He hasn't testified. He has testified on the record.
He hasn't testified. Do you have the record? Yes, I did. I've listened three times to the record.
I still object. I thought you wanted to present your case. The correspondence that I saw that
you submitted to the board was you presenting your case with your witnesses you not once did
you say that as part of your case you wanted to cross-examine uh the applicant's uh witnesses
so i don't think that was necessary sir in the procedure i think you as an officer of the court
understand full disclosure so for you to just come here now today excuse me mr bouvet i'm sorry
interrupt you again but is your client present yes and he did testify at the original hearing
yes so ordinarily opposing counsel would be permitted to cross-examine
if the if the board wants to rule that way that's fine but i still object
thank you okay your first i would like to i would like to share the screen if i may
there are um there there are there was correspondence between me and the prior attorney
um Mr. Consul that I would like to share and I'm not sure how I do this I just click on share
screen I have not done a zoom hearing so I'm really um Miss Haskins do you have your document
that you wish to share open yes so you're going to click are you on a computer yes and i i i think
i have them set up so that i can easily scroll through but i'm not sure okay so if you look
down at the bottom of your zoom application you'll see a green button that says share
you're going to click that first right and then documents come up that you can click on that you
wish to share. And it should be those documents you have open. I see. And it should come up on
our screen once you click on them. So I had documents open in Adobe, but I don't see them.
I will see if I can find them this way. I do have a something, a document called Parkside
Hearing. Yes, you have to click on it when it opens up under the share screen menu. There should
be different documents you can click on. That's the only way they would populate on the share
screen. Ms. Hoskins, can I ask one question? Would these documents go only to the issue of whether
you were planning to cross-examine the... No, it would go to the issue of what I'm cross-examining
him about and what Mr. Gouvet has already testified is not true. And I have evidence
that he is wrong okay that you said 96 feet no I'm not saying I admit that I made a mistake
on the 96 feet I don't think it was a mistake excuse me sir you continue to interrupt me
but I also know that we corrected that record and also at our rally there
that we corrected that record. And also at our rally, there were dozens of signs out and there
have been signs on the fronts of the properties that I can show you that are correct.
To admit there was a rally. It's a 69 foot application. One person speaks at a time.
Thank you, Carol. Ms. Hannity, I'll assist you with opening the document. We have your list of
files on the screen. Mr. Beauvais, I would please request that you refrain from speaking while she
is so we can get a clean record. And I'm trying. My apologies. Thank you. And this is Sharon again.
I apologize for interrupting again. But Ms. Haskins, you and Mr. Beauvais are going back on
really things that the board wouldn't even understand out of context. Might it make more
sense for you to go forward with your case to cross-examine the witness and present your case
and then come back to these issues? Well, I would like to have the folder open
that I can show him, but I'm sorry. It's just not, for some reason, I'm just not seeing. I've
gone now to my file to see if I can find it. I had it in an Adobe file and it's just not showing up.
And I do apologize to both of you.
I don't mean to be telling you how to present your cases,
just trying to work out the most effective way.
Okay, I think I'm going to have to,
I'm just going to have to,
oh, here we go with the Adobe file.
I don't have the email in this file.
And so I can't do that right now.
As we move along, I will find that email that I sent to Mr. Consul.
Is Mr. German available?
Yes, he should be.
Mr. German, can you raise your hand, please?
And Ms. L will promote you.
He's been promoted to Panelist Vice Chair.
Thank you, sir.
Good morning.
Can you hear me?