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Hearing video

ZBA Hearing - August 23, 2023

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

And we have been living there for the past 30 years.

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and their house has been built since 1930s so I just feel having a structure this height and

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magnitude that will when they're in construction it will be detrimental to the properties in the

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area surrounding like all the buildings on you know next to it because we're older building and

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our foundation is weak and and it's not as strong as you know a lot of the you know especially our

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basement is really um you know this we need to you know do a lot of work and to have all that

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drilling and uh building i think is going to be very detrimental to the structure and the

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foundation damages to the surrounding you know properties thank you and when i live there

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it always have been a you know uh you know uh family oriented residential uh street you know

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to have like a commercial you know building coming in and especially with the traffic coming in is

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you know we have all they have enough uh problem you know finding parking and to have that you know

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i think it's going to be really detrimental to to the uh our area and the street all right thank

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you very much for calling in mr jen do you have any questions uh no mr lee do you have any questions

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no your honor thank you is there anyone else in the virtual audience see no he is chair

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Planning Commission. Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning

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Commission. Board members, in 2014, the zoning map was amended from CMX-3 to RM-1 in this area.

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We believe the applicant's hardship claims not supported with evidence of unique physical

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circumstances or conditions of the property that would prevent it from being used in conformance

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with the code. The adjacent non-conforming development is not grounds for hardship and

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nor is the presence of more permissive zoning districts in the vicinity.

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The zoning map here has been intentionally reconfigured to have RM1 on this block face.

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With regard to the dwelling unit count, we believe the application would have been eligible

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for the mixed income housing bonus and green roof bonuses, but neither is being used here.

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Applicants are asking the board to allow additional dwelling units on this site,

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despite not providing the required benefits.

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With regard to the proposed height variance, the proposed height of 71 feet is 33 feet higher than permitted.

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We don't believe sufficient evidence has been presented to explain why such a significant difference is necessary to enable viable economic use of the property or why this is the minimum necessary variance.

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So the City Planning Commission recommends that the Board deny these variances.

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Mr. Haggerty, thank you for your comments.

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For both counsel, thank you for your comments.

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I'm going to take this to the executive session next Wednesday.

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I'm going to take this to the executive session next Wednesday, and we will vote on this at 930 a.m. next Wednesday.

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And thank you both, Army.

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Thank you.

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But I don't I didn't hear whether or not the exhibits that Mr.

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Jinn proffered were going to be offered in evidence.

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I think I said they were.

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I think I said that.

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OK, I wasn't sure that I said everything he put in, it's going to be in.

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but we're going to take this to executive session, discuss it among ourselves. We will vote next

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Wednesday at 9.30 a.m. Okay, Your Honor, I do have an objection. Again, I joined this late to

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Exhibit 12, an exhibit on the basis of hearsay. So Exhibit 12 is the appeal document to the

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Zoning Board of Adjustment, and it contains hearsay. And I only object to the extent that

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the statements in the reasons for the appeal and the statements given for the granting of the

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variance be considered by the board for the truth of what they say. If Mr. Jin agrees that it's only

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to provide notice to the board of what he's contending, I don't have an objection. But if

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they're being offered for the truth, as if everything he says there is true and has already

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been proved, I object on the ground of hearsay. We're presenting that to the board. Mr. Jin,

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Mr. Jinn, I hear your comments, Mr. Lee, but I am accepting what he put in.

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And we will look at everything that's been said, take this into consideration, and we will vote next Wednesday at 9.30 a.m.

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Thank both of you.

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Thank you.

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And excuse me, Chair, if I may, this is Mr. Jinn.

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The record is closed otherwise.

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Oh, absolutely.

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The record is closed.

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Thank you.

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Number three, MI-2023-001-266-112 North 2nd Street, number 5A1, Matthew Monroe is the attorney.

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Recommendation of support from the Old City District.

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Letter of non-opposition from Councilman Squillett.

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Mr. Monroe.

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Hi, Mr. Monroe.

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Monroe, could you state your name, please, and spell it for the court stenographer?

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Sure thing. Good morning, Chairman Bergman, members of the board, Matthew Monroe, M-A-T-T-H-E-W-M-O-N-R-O-E, on behalf of the applicant.

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All right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Could you identify your client in a relationship to this property?

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uh yes your honor uh and if you if you may just a second while i share my screen um

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is my screen coming up here it is it's fine okay i'm uh joined today by steven caladrino

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who is a representative of the uh the owner um uh which is the uh commercial space located at

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112 North 2nd Street. This is unit number 5A1. The proposal is for a retail sale of specialty

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paired Italian foods. Mr. Monroe, our vice chair just has a few questions for you first.

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Good morning, counsel. Do you agree to wait the reading of the refusal and stipulate to

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its accuracy? I do. Have you emailed in all the required documents and exhibits that are needed

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to proceed with this case five days in advance of this hearing?

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I did.

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Thank you. Please proceed. You have already shared your screen.

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Thank you. And yes, so Chairman Bergman, this is a simple use change for the commercial space.

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And is my volume coming in okay?

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You're fine. You're fine. It's fine this time. All right. Thank you.

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Great. This is a simple use change for commercial space located at 112 North 2nd Street. This is at the National East Condominium Complex. It's a 193-unit apartment complex condo building.

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And this is a proposed use for the retail sale of specially prepared foods, Italian foods and wines for on site and off site consumption.

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And like I said, this is a mixed use building and this is a commercial space.

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I'll just run quickly through the documents that we presented.

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And over here we we have the deed.

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The referral. This is for a special exception.

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this is in old city and pursuant supplemental use controls in the city city center city overlay

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district we have our application for appeal as well as the project information form filled out

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the rco notice letter which went out and we had a well-attended meeting from the old with the old

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city district rco and here's our certificate of bulk mailing we posted the property appropriately

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as you can see. And then we have some site plans and just photos for the use.

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And then we have some site plans and just photos for the use. And here's our support letter. And then we do have a tax clearance showing zero tax balance for the property.

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um and chairman bergman as i mentioned this is just a simple use change and there have been

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other similar businesses that operated in this area without any impact on streets or transportation

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we submit that this special exception will not cause any congestion congestion in the public

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streets or transportation uh systems beyond what would be expected for a normal user

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there have been other similar businesses in the area that have operated without any impact

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And there was one business, a business located at 227 Market Street, and that was under use permit number 610617.

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It was a similar Italian grocer and wine store called Pino.

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They closed due to COVID, and Mr. Calendrino and his partners are the commercial owners of this space.

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And they've been marketing the space and trying to find a user for it and had been unable to do so.

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So rather than to try to keep the empty space, they decided to bring in a use that was now missing from the neighborhood that was popular at the time and to sort of provide an amenity for the community.

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And so they are going to be the owner operators themselves of the space.

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and we submit that the proposed use will have no material impact on the public streets or systems.

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Foot traffic is a primary means of travel down in Old City. People will get there by Uber and

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the occupancy is a CMX3 zoning district and this will you know attract a relatively small crowd but

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a dedicated crowd but it's not you're not going to see like the type of crowding that you see

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outside of like nightclubs or anything like that. It's just a small Italian store. Other by right

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uses have been had similar occupances in the area. This was last used as yoga studio. It's been dark

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for a little while now. And there's other uses in the area that we're all living in the city

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are familiar with. ICI, Macarons Cafe, among others. It's not going to impact the adequate

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air supply of air and light because it's to use change only no changes to the exterior of the

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building and um we also submit that there's not going to be any impact on the water and sewer

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system in part this is well this is going to be a grocery store um there's not going to be any

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cooking or venting so there's not going to be grease or food waste impacting um uh the sewer

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water waste lines um the shop is just going to be serving an amenity in the community and um with

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that. Why don't you bring your client on? Yes, and Mr. Calendrino, if you could just raise your

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virtual hand, please. Stephen Calendrino has been allowed to speak. Hi, sir. Could you state your

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name, please, and spell for the court stenographer? Calendrino, S-T-E-P-H-E-N-C-A-L-A-N-B-R-I-N-O.

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do you swear or affirm to tell the truth the whole truth nothing but the truth

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i do uh thank you uh mr calendrina did you hear the factual statements that i made for the record

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yes um and uh to your knowledge were they accurate yes do you adopt them as your testimony

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yes thank you questions from the board no mr chairman

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no chair questions or comments from the virtual audience

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i see no hands chair planning commission thank you chair ian hegarty for the philadelphia city

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planning commission board members the comprehensive plan recommends no change to the existing cmx3

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zoning we believe the proposed use will not cause detrimental impacts to the neighborhood

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beyond what normally might be expected for the use and so the city planning commission

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recommends that the board grant this special exception. Thank you. MI 2023-001-266-112

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North 2nd Street, number 5A1, I vote yes. Thomas Holloman, my vote is yes. James Snell,

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my vote is yes. Ishmael Shaheed, my vote is yes. Thank you. Thank you, counsel. Thank you.

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Number six, MI-2022-005-715-1801 Rittner Street.

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Zen Jin is the attorney.

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There's a letter of support from the Drada State Neighbors Association.

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Mr. Jin, just state your name for the record, please.

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You've already been sworn.

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good afternoon good morning it's almost after just state your name for the record please

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Good morning.

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It's almost afternoon.

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yes zen jin on behalf of the applicant okay could you identify your client and the relationship to

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the property yes uh my client is uh mr yi jiao and miss lee ball they're the owner of the property

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okay and our vice chair has just a few questions for you sir

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good morning counsel do you agree to waive the reading of the refusal and stipulate to

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with accuracy. Good morning, and I do. I've emailed in all the required documents and exhibits that

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are needed to proceed with this case five days in advance of this hearing. Yes. Thank you. Please

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proceed. Thank you. I'm sharing the documentation we previously submitted to the board. This is

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an application that we submitted the refusal, support letter, photos, and plans. This is an

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application for use as a two-family dwelling in a RSA 5 zoning district. However, I want to point

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out that this was previously a CMX district in the history of the records, and that's kind of

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what led us to this application today. So looking at the community support letter, when we presented

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this to the RCO, they're well aware of the history of the property, that it was for many years

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used as a resident above and an office below.

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The property itself is structurally separated

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for many years because it was essentially

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a commercial mixed-use property.

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The property is a corner property as well.

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So the fact that it was commercially mixed-use

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is not unusual because it is a corner property

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and many such properties in Philadelphia

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was structured this way.

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Currently, the property below,

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in fact, right before it was sold to my client,

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It was used as an office.

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However, the owner actually put a kitchen in the back part of the property, which at

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the time was a legal commercial use as an office, and essentially made it into what

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looked like a residential property without structurally changing much of the interior

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layout.

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They had a front office, a rear office, and a kitchen bathroom, which once they vacated,

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the office use looked much like a one-bedroom apartment.

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So when my client purchased the property, she was under the impression that, I'm sorry, I don't know why I didn't jump to the plans.

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Let me, okay, I'll have to scroll to the plans.

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I'm sorry.

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So you can see in the pictures that, again, the property itself on the first floor is structured, typical of commercial mixed use.

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It had the two water heaters, two electric meters.

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All these were in place previous to my client purchasing it.

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From the layout inside, as you can see here, I'm going to zoom in for the board.

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You have what is essentially a front room, hallway, kitchen.

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There is a storage, so trash is kept inside, even if it was used as a residential.

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The second floor has a separate entrance altogether, leading with a stair up to the second floor.

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The community supported our request to simply make this two residential units.

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That corner is not really active commercially, nor does the neighbors really want an active commercial use there.

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Therefore, they supported our request to simply use the first floor as one residential unit and the second floor, which is an existing residential unit, to remain.

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And that is, in fact, what we're proposing to the board.

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I would point out there would be a hardship to convert this to an actual single-family house because of existing structure, and this is not something my client created.

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And that concludes my testimony on this matter.

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I do have my client here to verify my testimony.

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Bring your client on, please.

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Thank you.

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Ms. Lee or Mr. Zhao, if you're here, please raise your hand virtually.

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Mr. Zhao is free to speak.

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Hi, sir.

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

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Hi, my name is Ye Zhao.

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I'm sorry.

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My apologies.

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I must have gotten the names confused.

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Okay, that's okay.

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That's okay.

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

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Yes, sir.

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