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Hearing audio

ZBA Hearing - January 7, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jan 7, 20265h 58m

What we're requesting is simply to replace the existing sign with the new Hyundai sign.

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If the board would like, I can go through all of the documents, including the application, the refusal, the tax clearance form, the project information sheet, the neighbor notification.

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We have all every document you have, we have.

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Great.

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Then that's in a nutshell, Mr. Chairman and members of the board, our presentation.

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Let me ask you this.

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Do you have someone that you want to adopt your testimony?

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We do.

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Thomas Flynn?

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Sure.

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Why don't you bring him on?

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Tom?

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He's coming in as a panelist.

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Thank you.

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Thomas Flynn, can you unmute yourself?

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How about that?

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Good.

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Hi, Mr. Flynn.

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Could you please state your name and spell for the stenographer?

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Thomas Flynn, T-H-O-M-A-S-F-L-Y-N-N.

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

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Yes, I do.

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Counsel.

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Thank you. Thomas, have you heard my testimony?

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Yes.

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And is it true and correct to the best of your knowledge?

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Yes.

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And do you adopt it as your own?

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Yes.

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Thank you, Mr. Carroll.

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Questions from the board?

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Questions from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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No, Haynes.

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Planning Commission.

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Nina Solomonic with the Planning, sorry, Nina Solomonic with the Planning Commission.

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Sorry, I was trying to turn my video on.

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The comprehensive plan recommends no change in zoning at this location from the existing I-2 medium industrial,

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an appeal for a second sign of 161.14 square feet was granted at this location under zoning

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permit 2024-003-06465 however this proposal is for a sign of 260.61 square feet where 100 square

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feet is the maximum sign area allowed the proposal is not the least minimum the planning commission

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It recommends the board deny the requested variance per sign area.

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Thank you.

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MI 2025-005-733-6709 Essington Avenue.

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I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Sonetta Graham, my vote is yes.

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Ryan McAdams, my vote is yes.

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Ty Owen, my vote is yes.

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Thank you.

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Thank you.

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Is there anyone in the audience who the 2 o'clock case has not been called?

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and there are no hands all right we're gonna we're gonna move right into the um

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the 330 list how's that um good evening everyone my name is bill bergman and i will be chairing

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this meeting of the philadelphia zoning board with me is our board vice chair tanetta graham

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president mr chairman our board secretary cheryl l gaston president mr chairman our board member

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michael johns mr chairman board member taya wynn present mr chairman and our board member ryan mcadams

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Board member Taya Nguyen. Present, Mr. Chairman. And our board member, Ryan McAdams. Present, Mr. Chairman. Also present are our board attorney, Hillary Emerson, our zoning board director, Ian Haggerty, and our board administrator, Lakeisha Dandy.

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recording of the hearing will be posted on the ZBA website by participating you

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consent to be recorded this is an in-person meeting with remote

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capabilities whether remote or in person if you're called to speak you must state

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and spell your name and then wait to be sworn in once you've been sworn in

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please state your name each time before beginning your testimony any person may

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enter their appearance to become an interested party to a case there are

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three ways you can identify the case property address in your zoom webinar

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you can see a staff member or you can call the ZBA appearance line by the

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close of business tomorrow call 267-270-5548 leave a message that

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includes your email address and address of the property of the appeal case the

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following guidance is for our remote attendees when directed you first one

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directed you must raise your virtual hand in order to be recognized second if

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you're called to testify, you'll be prompted to join as a

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panelist. Please accept the request and turn on your camera.

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Third, the webinar q&a is for questions about the hearing. Do

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not comment on cases in the q&a. And fourth, if you're

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participating by phone, press star nine to raise your hand and

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star six to unmute. So let's look at our schedule for this

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afternoon.

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number two mi 2025 004 129 428 larkspur larkspur street that case is continued until

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6 17 26 at 3 30. number four mi 2025 004 139 3861 north 17th street that case is continued to 6 17

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1626 at 330 number three case mi 2025 004 134 3813 Folsom Street we have no exhibits this is

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the first listing heaven Thomas is the listed applicant heaven for all mankind LLC is the

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listed owner is there anyone in the audience with that groups of the group

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I see no hands.

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So this is the first listing.

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So MI 2025-004-134-3813 Falsam Street.

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Cases continue to 6-17-26, and Mark must be heard.

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so number one uh is mi 2025 004 126 2220 north 50 street bonita martinez is the equitable owner

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this is a pro se we believe we do we have we do need some documents could mr martinez come on

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Bernito Martinez has been promoted.

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Okay.

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Hello.

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hi could you please state your name and spell it for this stenographer uh benito martinez

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it's b-e-n-i-t-o martinez m-a-r-t-i-n-e-z do you swear or affirm to tell the truth the whole

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truth and nothing but the truth yes i do so mr martinez did you post the location

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uh i believe the sign that you were supposed to oh you mean with the orange sign yeah i did yes

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i did put the orange sign up um do you have pictures of that uh let me see if i can find

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that picture and let me ask you this did you send interior photos of the inside of the property uh

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no no i didn't do that okay all right so and so the the orange poster because we did see an orange

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poster and some photos but it didn't look like the poster from the zoning board it looked like

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some other sort of orange poster no that's it that was the zoning board

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poster I posted it myself okay all right can you pull it just pull up the photos

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out if you can zoom in because the way that they came across from us it didn't

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It didn't look like the zoning poster. Okay. I'm not very good at this,

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look like the zoning poster

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but where's the button for me to share my screen?

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Mr. Martinez, this is Ian Haggerty, Executive Director. You should see a green,

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big green button at the bottom of your screen in the middle that says share.

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All right. You see that? Yes.

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So you're going to want to open your document up first and then click that share button.

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um okay i'm not gonna i'm not gonna be able to find that photo because um mr martinez listen to

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me yeah so you're going to need that photo eventually shown that you posted it but the

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thing is this when you have no interior photos we can't go forward so here's what we're going to do

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we're going to continue the case but before when we continue the case before you come in the next

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time we're going to arrange for you to work with the office here and they'll tell you exactly what

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it is you need okay okay all right so we're gonna continue okay i know i need a clearer uh picture

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of that sign or at least coming in and i need the interior photos well he's gonna have to post again

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for the next yeah you will you will get for the you're gonna have to post again for the next

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hearing right so yeah you can have a close-up a closer up photo so that we can see it is the

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the zoning poster um because it did not look like the zoning poster even though it was orange

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it didn't look like the zoning post so we're going to continue to 6 17 26 at 3 30 p.m

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but i would want you to work with the staff that is june yeah yeah okay yeah well i mean the only

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thing i have to say if the photo was sent and and it wasn't clear how come we weren't notified how

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would i know that the photo is not clear well well let's take a step back the other thing i told you

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is you can't go on if you don't have pictures to show us the inside of the property yeah and sir

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there was an email sent after you filed your documents indicating what was missing um so

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i don't know if that if you did not see that but there was a document there was an email asking

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for additional documents from you that was sent and and and we did send additional documents i

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mean was it all right i'll just have to go back to that i mean there's nothing i can say now that

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it's okay all right thank you very much sir sorry for your your troubles thank you

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is there anyone in the audience whose 330 case has not been called

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i want to i want to thank everybody and i i want to thank um um my partner sitting up here next to

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me because at one point i thought she was going to cough herself out the door here uh but she

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made it through she tough through like she always does we had to even tell her well we think you

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might want to drink some water and ryan quick and went got the water so so thank you thank you as

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always cheryl and thank you to everybody else welcome have a good night take care

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