Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you please turn your video on?
Good morning.
Do you identify your client, the relationship to the property?
Yes, sir.
i am representing 5704 i'm sorry 5702-04 two avenue clark tires okay um our vice chair has
a few questions good morning counsel do you agree to leave the read number if you have stipulate
for its accuracy yes the email then all the required documents and exhibits that is needed
to proceed with this case yes yes excuse me miss wilkerson who did what party did
you say you were representing not the property but the party uh
Okay, you're representing the property owners?
That's correct.
Okay, thank you.
Okay, is my presentation fine?
We don't see it yet.
i mean we see um i'm not sure what it is it's a it's a cover page i guess we don't we don't see
your your documents yet do you see the page one of the notice no no it's sort of a like a purplish
i don't i can't explain what it is okay um you can share your screen at the bottom
where it says share screen yes sir i did you may need to unshare click on your documents and
reshare we did see the notice of refusal briefly but now it looks like it's just the backdrop of
your screen oh no there it is there it is there it is oh okay is that do you see it yep we're good
very good thank you mr chairman for your patience um i'm here today to ask for a variance for the
property located at 5702-042 Avenue. This property actually has been in existence for a number of
years, close to 40, maybe even 50 years at the current location. The initial variance was
not allowed because of the, it says, proposed use in personal vehicle repair. Again, this property
has been in its location for close to 50 years. It is a business that had begun with its father
and is being continued on as a family business with the son now in control of the business.
The requirement for parking and the refusal should not be an issue for the board here because
this is a tire change shop and repair. This is not a mechanic shop where you come and leave your
car overnight for service. This is a situation where people roll up, get their tires changed
or plugged or serviced and they roll out. I had testimony last night that one gentleman
recorded his time in service on his tires at seven minutes. So we're asking for this variance
despite the city's requirement for the parking because it's not required for this business.
This business also has a flower shop that has been incorporated and attached. I would like to
show you a picture of the structure. Bear with me, please. So all the relevant that
Bear with me, please, to all the relevant documents that have been submitted.
One second, please.
This is the outside of the shop.
As you see, Clark Tyres is on the right, and they have added, in addition to the business,
a flower shop here that has been in existence for a little over five years, and has provided
the community with another valuable resource. During the RCO meeting, I had testimony that
Clark Tire is considered a trustworthy business. It's a place where people can come there and feel
like they're going to get service and not get raked over the coals financially. They've expressed
that not only does Clark Tire Service tires in the community, but they also bring resources to
the community and they help people in the community. If you can't afford your service,
they have a program where you can get your tires fixed now and pay later. They've expanded their
service to assist the community by offering mobile services as well, where you can call
them if you're stranded with a flat tire and they will come out. So some of the words that I just
want to express to you with the way that the community feels about this Clark tire, as well
as the flower shop, which provides flowers for them for occasions such as Mother's Days, funerals,
weddings, birthdays. And I must also say that on the RCO meeting, there were people that are not
not even residents of Philadelphia, that wanted to testify to how their people in Philadelphia
used Clark Services and how they were just perfect service.
So some of the adjectives that they've used to describe them is trustworthy.
They say they give back.
They're dependable.
They're reliable.
They've been a savior to the community.
They never have trash outside.
They don't have any L&I violations.
and for those reasons it would be a hardship to the community to remove this staple from the
community at this time because of a parking requirement or because of the new zoning
requirements so it is the request of the community and myself on behalf of Clark Tires that this
variance be granted that this community resource because it's more than just a tire shop at this
point. Over 50 years in business began with Mr. Marino and Mr. Clark's father and has continued
to this day. So we would ask that this resource be allowed to continue in the community
currently operating as the flower shop and the tire repair shop, Mr. Chairman.
Council, what happened at the RCO meeting?
the rco meeting was very um was very very good there was a hundred percent from support from
the community we had a pastor on we had a representative she said she was from the school
board we had people who actually reside within 250 feet of the establishment i had a young man
who's in college and he kept telling us he's 35 now but he went to clark tire when he was 16 with
his first car and i have a man who told me that he has a what he has four cars oh okay okay okay
thank you but we don't have a letter from the rco am i correct not yet sir but the art uh but the
council has assured us that they are loaning lending their support the letter has just not
been submitted yet yes sir just to clarify for the record we did get a letter late last night
from face cdc and it was in support all right yes sir you want to bring your client on
my client i i'm not sure if he is still on the line however miss tia clark it should be on the
line does she work right now has been allowed to speak okay there's mr marino hello how's everybody
doing good i think i already swore you in right yes sir okay please proceed counsel
So, why don't you get him to adopt your testimony?
Yes, sir.
Mr. Marino, were you able to hear my presentation to the board?
Absolutely.
It was beautiful.
Thank you very much.
Thank you for that.
Do you agree with what I presented to the board?
A hundred percent.
Thank you.
Mr. Chairman, are you satisfied?
Well, let me ask the rest of the board first.
Yes, sir.
Questions from the board.
No questions.
no chair questions or comments from our attorney hillary emerson
i i do have a question uh or
I do have a question.
Or is it, I believe it's acceptable, but I need to check with Hillary, to have two commercial uses on the same site?
Is that what we're doing here?
I didn't see that there was a refusal necessarily for this other commercial use.
it's cmx2 i do not believe i have to double check but i do not believe there is a prohibition for
multiple principal uses for cmx2 i i didn't think so either but i didn't see anything on the refusal
that even referenced it at all so i just wanted to make sure okay thank you so um questions for
attorney. I just wanted to clarify, Ms. Wilkerson, Joe Marino, is he the owner? Because we have
Giuseppe and Adam Marino listed as the owners of the property. Mr. Marino, are you still on the
line? I would like for him to describe that relationship because I have, as you see on
the presentation we have the owners listed one moment and we have okay and we have the owners
listed as marino gillespie and adam marino adam adam marino mr marino yes so my father is uh
i'm first generation in this country my father and my mother came over from italy my father
doesn't speak you know he doesn't know how to even get on the internet um mr marino mr marino
Do you do you work and represent your father? I do. And I used to work actually at 5702 Chu Avenue
for many years. Thank you. Sorry, is your father Giuseppe Marino or Adam Marino?
So Giuseppe Marino is my father. He and my uncle owned the building together. My uncle ended up
putting his half into my cousin Adam Marino's name. But Adam is kind of doing his own thing
right now, so I handle all my
father's bills and everything. My dad's been paying taxes
on that business for over 40
years now. Okay, thank you for
the clarification. You're welcome.
Planning Commission.
John Levacar, Planning Commission.
The comprehensive
plan recommends no change to the commercial
mixed-use zoning at this location.
This appears to be a legalization of
a personal vehicle repair and maintenance facility. If the appellant is seeking a new use in this
district, they would be required to follow the landscaping and screening requirements in the
zoning code based on their adjacency to residential zoning districts. The City Planning Commission's
plan reviewers would be required to review and approve the landscaping and screening and would
be pleased to work with the appellant to walk them through that process. The City Planning Commission
recommends that the board grant the proposed variances, but with a condition for landscaping
and screening to match the standards in the zoning code. Thank you. MI 2023 004-870-5702-042
Avenue. I vote yes. Proviso owners to work with planning for the appropriate landscaping.
Mr. Chair, I would suggest a proviso of landscaping to be provided per zoning code.
Landscaping to be provided by zoning code.
Can I? I'm looking at this building, right? And I'm looking at the residential property next to it.
the zoning code requires like a five-foot buffer there is no way that they could get a car in
there if they put a five-foot landscape buffer so i'm concerned with that proviso realistically
i mean i'm support i'm in support yeah i so that's why what i first said let them just work
through planning and yeah and maybe they not tell them to do it themselves right put something there
But, you know, a five-foot landscape buffer is never going to work.
Hillary?
So I think in that case, well, so two thoughts.
One, this isn't a new use.
This is, I mean, this seems to be a legalization.
So I don't know that landscaping would be required.
but if i mean we can the only way we can really require landscaping and have it to a standard
is to require it by the code but the code as um board member johnson said may provide may pose
But the code, as Board Member Johns has said, may pose a problem.
So it may be better, you know.
So why don't we do this?
Yeah, to not include that proviso.
MI 2023-004870-5702-2042-AVENA.
I vote yes.
Michael Johns, my vote is yes.
Ishmael Shaheen, my vote is yes.
Tanada Graham, my vote is yes.
Cheryl, my vote is yes.
my vote is yes thank you everyone thank you council thank you mr chairman thank you to the
okay number one mi 2023 000 901 1402 wharton street letter of support from south broad street
neighborhood association
proviso
and as
we discussed
Cheryl Gaston I am
recusing myself from this
oh thank you thank you counsel
oh no thank you
thank you Cheryl thank you Cheryl
Mr. Chair
I was logging on when
Ms. Gaston was talking
could you just recap that
She just recused herself from this case.
I'm recusing myself from this case.
Thank you.
Vern, could you state your name and spell for the court stenographer?
It's Vern Anastasio, A-N-A-S-T-A-S-I-O.
Did I swear you in yet today?
You did earlier.
Could you identify your client and relationship to the property?
Yes, sir.
I represent Ms. Deborah Drake, the owner of the property.
Our vice chair has a few questions, sir.
Thank you.
Good morning, counsel.
Do you agree to wait to read another refusal?
stipulated to its accuracy? I do. Have you emailed in all the required
documents and exhibits that is needed to proceed with this case
five days in advance of this hearing? I have. Thank you.