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Hearing video

ZBA Hearing - August 23, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 23, 20236h 32m

we realized of course yes the building would sit above the building next door and certainly will

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be a lot taller than the ones on the other side which are three-story structures. However, it is

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not really out of place in Chinatown for this kind of development. Chinatown has a lot of development

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that is denser and higher than what we normally see in other parts of the city. Upon learning of

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the feedback from the community, my client went back with his architect to make a few changes to

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adjust the property. There are a few things that he did, and I will kind of run through the list

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here for the board, one of which is we lowered the building to match the taller building towards

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11th Street in height. So we now have a similar height building. In addition, the balconies that

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were originally proposed are completely removed, giving us a little more open space. Another piece

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that was discussed more than once

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through communication with PCDC

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is that the facade was too modern.

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PCDC felt the facade was too modern

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and did not fit the look of the existing properties.

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So the architect went back

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and revised the design to have brick facade

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and a cornice line that sort of matches

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the lower buildings

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to take away some of the bulk feel on the facade.

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Another major discussion initially, besides density itself, was the handling of the trash that would come from a building of this size.

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In fact, I believe one of the letters that was sent in recently from the building next door specifically indicates issues and concerns with that.

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Now, with the layout, we proposed changes to handle that issue.

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One of the discussion was that the alleyway behind us that we originally thought could

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be used to pull trash out to the street, both the building next door and the other neighbors

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have indicated that people have been using that and blocking it often, so it will be

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difficult to get our dumpsters out that way.

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So what we had done instead is to revise the first floor design to put an enclosed trash

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room right towards the front, towards Spring Street, where the trash truck would have to

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be, regardless of whether the trash is stored in the back or front, they'll have to be pulled

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to Spring Street for us and for other buildings.

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So we made it easier to make it directly accessible from the front of the property.

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Thus, eliminating the need of using the back at all for trash removal purposes.

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We also reduced the number of units from 20 to 17 with the understanding, of course, that, and this was brought to PCDC's attention, that my client would be willing to enter into an agreement with them for low-income housing for a certain number of units.

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That discussion was never moved forward before we appeared to the board today. While we proposed it, the discussion was not really, we couldn't get a second meeting to have that discussion in detail with PCDC regarding the possibility of affordable housing offsetting some of the density that we're proposing.

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Essentially, because of concerns with construction and the size of the building as it is, and the strong opposition from certain board members.

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And the strong opposition from certain board members, PCDC took a position that there's no need for us to have another meeting with them regarding this proposal.

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Also, what my client did in response to knowing of that situation is he actually went out and reached out to the neighbors that are owners of properties throughout Chinatown.

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Now, Chinatown's unique in some sense in that while the buildings are owned, most of the buildings around us are owned by one individual, maybe multiple addresses.

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It's the way Chinatown is kind of set up with ownership.

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And most of these buildings are, in fact, multifamily in nature as well with relatively high density.

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But as you can see, he went to various addresses that is on the list surrounding the property and obtained signatures of support from various owners within Chinatown of these properties.

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And that's, again, something that my client felt was always the feedback that he received when he started thinking of doing this building, because a lot of people in Chinatown feel they want to keep the residents of Chinatown at enough of a level that people can stay within Chinatown itself and live within Chinatown.

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So, again, these. So, so, counsel, let me just raise one issue with you. Sure. We do have a note in the file here that the signatures on several of them look like the same person signed.

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They are. Yes. Yes. That's why I was kind of alluding to during my testimony that because a lot of these, in fact, I'll go up to a page where it's clear that's the situation.

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For example, Mabel and Wei Chen owns multiple properties within the area.

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And that's kind of the case here in the surrounding area that a few people tend to own quite a few of the properties.

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That is also true, I think, of our neighbors, in fact, of this property.

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They don't just own the property next door.

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They may also own a few properties further down the street or in other parts of Chinatown.

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And this is a very common.

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And unfortunately, it is the way Chinatown's ownership kind of splits up.

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So, again, we have the petition.

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Yes, again, you'll see that multiple properties are owned by the same owner.

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So because of that situation as well is why Chinatown has a lot more of these larger proposed developments.

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There are not that much real estate left to develop.

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And when you want to develop it, while we understand RM1's limitations, if we built RM1 limitations, it's really not that viable a development from the perspective of long-term use or enough density really to fulfill the needs of what my client's seeing in Chinatown.

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The additional units would allow some more affordable units to be added.

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However, if we were forced to build a smaller structure, he would have to redo his calculation

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to see whether it's even a feasible project at that point.

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So we understand, of course, the concerns of the neighbor, particularly the older, smaller

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buildings next door of construction.

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What we did advise at the time we presented to PCDC is that if zoning is not something that's going to move forward, construction, to ask my client now to do the engineering for foundational engineering, bracing of the structure, these are usually construction-related matters that we would address.

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And certainly we would make sure the buildings next door would be covered and not damaged.

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Our building, in fact, in design, and I'll jump back to the plans again, just to kind of highlight that.

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I'm sorry, that's the proviso form.

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Our building, by design, have left an actual space between our building and the next door to try to reduce impact of any kind of construction.

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uh their their space left on both ends where it abuts actual building next door so that there if

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there was foundational digging we would not be digging close to their wall and therefore affecting

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uh their structural integrity those are older buildings and we certainly understand their

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concerns about constructions uh legitimate i also want to point out that again we

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I also want to point out that, again, we understand that this is a RM1 district.

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Yeah.

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However, it is heavily surrounded by CMX 3 and CMX 4.

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So this lot, being already next to a large building, is forever going to be kind of enclosed

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surrounding by large buildings.

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And while we understand that doesn't justify building a larger building, it does also

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triggered a hardship to us in our contemplation of what projects to place, what size buildings

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to place into this currently vacant lot. And that is the reason my client asked for

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this particular size project. And I believe he is here to verify my testimony. And I believe

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the architect may also be available for any specific questions. Why don't we bring your

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client on. Sure. Mr. Linn, can you raise your hand virtually to be identified?

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And excuse me, Chair, if I may, this is Ms. Dandy. We have a Gary Lee in the audience. He

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is an attorney for the protestant. Okay, so let's bring his

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client on first to adopt this testimony.

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Mr. Linn, you're free to speak.

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yes yes can you hear me i see sir could you state your name and spell it please for the

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court stenographer yeah my name is jim suiting j-i-n-s-h-u-i-l-i-m right do you swear or firm

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to tell the truth the whole truth and nothing but the truth yet i told the truth okay thank you

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counsel. Thank you. Mr. Lin, did you see my presentation and hear my testimony before the

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zoning board? Yes. Before we do that, can you verify what I said so far to be true and correct

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and adopted as your own testimony? Mr. Lee, Mr. Lee, Mr. Lee, we'll get to you. You haven't

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been sworn in yet i i will uh i will get to you okay okay thank you your honor it's true it's true

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thank you um i believe my client wanted to uh make a statement however i think with the other

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council president maybe we should let him uh start first thank you council could you state your name

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please. Gary Lee. I'm representing Ryan Lee. Thank you. Do you swear or affirm to tell the

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truth, the whole truth, nothing but the truth? I do. Proceed, sir. Yes. I was, ever since this

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case started, I raised my hand to try to get heard. And I understand I'm not objecting to what

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you're heard now. I understand that, your honor. So one of the things I wish to raise is Mr.

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Mr. Jen has been saying a lot of things that are hearsay, and I object to that, and I object to his testifying as a lawyer under the code.

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He can only testify if the people agree, and we do not agree to that.

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The statements he made about the Chinatown residents and what they felt and how they operate and any kind of hardship that's going to be supposedly incurred by his clients, those are all hearsay, and he's not qualified to make those statements.

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And as a lawyer, he's not permitted to testify without the agreement of all parties.

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So I object to that.

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So we, Mr. Lee, we're going to accept Mr. Jin's testimony.

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Now you can present your side.

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Thank you, Your Honor.

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Mr. Jin, can you please put up your exhibits again?

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Sure.

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Excuse me, Mr. Lee.

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I'm going to go ahead and promote you to a panelist.

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Thank you.

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Just let me know which page of the exhibit you wish to have it directed to.

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Right.

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Can you please turn to Exhibit 7, page 2, which is PDF 42, I believe?

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Are you talking about the plans?

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He's coming back in as a panelist.

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this is there right sure thank you very much yeah I'm sorry are you um directing to the plans is that

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what you're looking yes that's what I'm looking at so that that plan shows a rendering of the

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height of the building that you're proposing to build is that right yes these are the original

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plans with original rendering yes and also can we get that back on screen that same page uh you

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want to go back to this one yes that one okay and that shows adjacent to it are three properties

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Adjacent to it are three properties. It's 1025A, 1025A and B, I mean, 1023A and B, and 1021A and B. Is that correct?

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It's 1025A, 1025A.

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That's correct.

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And those are all, at most, three-story properties?

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Yes.

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Okay. Can you please turn to Exhibit 8, page 1? I believe it's PDF 46.

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i think it's the photo that you like the rendering this one go back a little yes that's right right

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there okay and that also shows that on the left in the middle of the page there it shows

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the proposed project that you plan to build correct

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yes that's correct and then next to it it's grayed out and it's right at the right edge of the of the

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picture that shows if it were not grayed out and if you can look at it a little bit deeper

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that shows 1025 a spring street correct this one here yes yes and that shows the relative

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height between that and your proposed project right that's that does show it for the original

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proposal yes yeah can you also turn to pdf 47 which is exhibit eight page two

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you i believe i'm going to shrink it back down

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page two the um this one if you scroll down let's go up a little bit sure um yes right okay so

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looking at the top near the center, there's a front elevation, and that shows on the left-hand

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side your proposed, not clear enough, it shows your proposed building in relation to what's next

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door, which is 1025A Spring Street, correct? Right. I just want to point out these were amended.

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have you seen the revised plans these these are these are in fact the original proposal we're not

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denying that okay then let's let's go to um let's go to exhibit nine page two pdf 52

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that's the current plan correct yes that's the current plan and if you look at let me uh let

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me zoom into the elevation so it's easier to see yes so we're looking at the elevation and we're

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looking at the and that's 62 feet up until the time when you up it's 62 feet from the ground to

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part of the roof and then when you add the the parapet that's another nine feet correct

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i don't believe the parapet's nine feet that that might be the elevator shaft access that's the

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additional nine feet. Okay. So it's elevator shaft access. Anyhow, it's, you revised the building

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proper to be 62 feet. And that again, if you look at the right-hand side, which is 1025A Spring

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Street, that shows the relative size between the two, the two, your proposed building and 1025A,

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correct? Yes, that's correct. Now, to the west of the property, 1027-1029 Spring Street

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is an apartment building, which has an address of 1031 Spring Street, correct? Correct. And the west

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side of that apartment building borders on clifton street correct uh yes i believe that's

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correct you're talking about the uh little uh this here clifton street it's a small small street

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but you agree that yes it does building 1031 spring street the west side is bordered by

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clifton street on the west yes and between it and 1025 a spring street is your client's lot

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which is currently a parking lot and it's 1027-1029 spring street correct yes and the width

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between the the width of your property is 36 feet eight inches is that correct

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i believe that should be correct i would have to verify on the plans

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well if you look at the deed yeah it's uh yes that is correct it's 36 feet 8 inches yeah okay now

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and would you agree that the apartment building at 1031 at 1031 spring street

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at 1031 at 1031 spring street

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has five units

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i'm sorry 1031 spring you're talking about the one that you are that's to the west of your

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client's property uh no i wouldn't agree that only has five units the city record shows it

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has 18 approved units.

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Okay.

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That's all the questions I have, Your Honor, at this time from Mr. Chen.

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Thank you.

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You want to go back to your client?

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Yes.

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All right.

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Why don't we go back to your client?

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is mr linds still available available to testify

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one moment i'm getting him now okay thank you

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hello um this is ryan lee uh owner of 1025 a spring street uh ryan sorry sorry you just can't

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i'm i'm gonna bring the client back in no problem you'll have a chance later when i go to the

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audience, okay? Is your client coming in, Zen? I believe he should still be here. Mr. Leng,

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can you raise your hand to be identified again so you can testify? He's just been allowed to see.

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Oh, okay. Yes, yes. You've already been sworn. Just state your name for the record.

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J-I-M-S-H-U-I-L-I-M

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Oh, that's fine. Thank you. Go ahead, Shenzhen.

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Thank you. Mr. Lin, you indicated earlier you wanted to make a statement regarding your proposal.

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Can you let the board know why you're proposing a building of this size in Chinatown?

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I'm sorry. Chairman, he may need a

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translator to help?

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Is it possible for a translator

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to get online with him?

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I think I'll

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check, but we usually have to order them well in advance.

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And that's correct here.

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Yeah.

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Is it possible

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you can testify somewhat, you can

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slow down and testify in

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English?

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My English is not that well.

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Okay, so we have another partner of the business here

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who may speak better English.

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Maybe we can have him state the...

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