civus
Hearing video

ZBA Hearing - January 31, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 31, 20244h 17m

he's been allowed to speak. Good morning, Mr. Folks. Good morning, Chair Bergman. Can you hear

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Good morning, Chair Bergman. Can you hear me?

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me? I most certainly can. Could you state your name, please?

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I most certainly can. Could you state your name, please, and spell for the court's stenographer?

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Yes. Good morning, board. My name is Sloan Folks, S-L-O-A-N-E-F-S and Fire, O-L-K-S,

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Office of Council Member Ketzi Lozada, Room 584 City Hall.

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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, I do, sir. Thank you.

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Please proceed.

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I just want to respond to the question regarding the 7th Ward RCO letter of support.

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There were 10 attendees at the meeting who voted.

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Actually, there were 15 people who attended the meeting.

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Ten of them were near residents who voted.

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The vote was unanimous.

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Thank you for that information, Mr. Folks.

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Mr. Folks?

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Yes, sir.

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You're going to get the councilwoman's position too, right?

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Oh, we said I let her in, but the councilwoman, actually, she fully supports the project.

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I let her sit down that position, but she fully supports it.

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All right. Thank you very much.

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Yes, sir.

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Anyone else in the virtual audience?

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There are no more hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman, and good morning, David Vecta with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends a change in zoning at this location

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from general industrial to industrial and commercial mixed use the appellant requests

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relief for dwelling units and parking we would argue that the existing building creates a

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hardship to the building's reuse in a primarily residential block the city planning commission

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recommends that the board grant the proposed use variants for multi-family dwelling units

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and the variants from the parking provision in the zoning code thank you MI 2023-006-623

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3408 to 50 B Street I vote yes

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Thomas Holloman my vote is yes

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James Snell my vote is yes

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Counselor you have your votes

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Thank you

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Okay

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Number 16 MI 2023

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004 532 910

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Durard Street Joseph Consul is the attorney

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letter of support from the 50th Ward Democratic Executive Committee, RCO.

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Joseph, counsel has been promoted, Chair.

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Thank you.

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Morning, Mr. Consul.

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

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Good morning, board.

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Joe Consul.

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It's J-O-S-E-P-H, last name, Consul, C-O-N-S-O-L-E.

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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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I do.

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Could you identify your client in relationship to this property?

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It's Mr. Jonathan Wilder, W-I-L-D-E-R, and he's the owner.

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All right.

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Mr. Holloman has a few questions for you.

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Good morning, counsel.

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Good morning.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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Yes.

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Did you e-mail all of the exhibits and documents as required five days in advance to this hearing?

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Yes.

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Thank you. Please proceed and share your screen.

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Okay. All right. That should be my packet. 910 Durard Street, Jonathan Wilder is the owner.

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we are seeking to approve a um two unit use the property was built as a two unit

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and has always been a two unit as i'll show you in a second the entire street both sides

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were built as two unit properties however um while a lot of them and i'll just real quick

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like zipped through a bunch of rental licenses, got their use approved before it was rezoned

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as RSA 3, this one was not ever approved.

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And so while it's always been that way, my client purchased it and needs to get it approved

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for two units.

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So the refusal is two-family household living prohibited in the RSA 3 zoning district.

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Here's Derard Street.

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As you can see, both sides of the street were built with identical properties at some point in the past.

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And when my client purchased it from the estate of Cassandra Carey, you can see this was May of last year, that the property cert says two family.

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However, at the bottom, as it always says, if it was discontinued, then a variance may be required, which is what we're here for.

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Just going on the block that they live on, I found a bunch that have the two union approvals. There's 906, 900, 922, 924, 920, 926, 932, 928.

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Just going on the block that they live on, I found a bunch that

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um so moving to the rest of my packet we went in front of the 50th ward we got full support

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one attendee was not not opposed but we've got no opposition and full support for the reason

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given in their letter that the property uh and all the properties on that block are two unit

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properties proof of mailing photos and plans there's the entrance to one which is the front

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the property here's how all the all the properties are laid out only their mirror images of itself

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and then there's on the side the entrance to unit two so you can see actually two's in the front

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one's on the side there's the back they all have this side of the street they've got garages in the

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back showing the two meters electrical meters and then we included some interior photos

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my client

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empty being renovated getting ready to rent out and then the deed and all the tax docs

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with that i will call my client yep mr wilder could you raise your hand

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do we see mr wilder

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good morning he's been allowed to speak good morning mr wilder could you

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state your name and spell please for the court sonographer yes jonathan wilder j-o-n-a-t-h-a-n

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last name wilder w-i-l-d-e-r you swear or affirm to tell the truth the whole truth

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nothing but the truth yes sir i do please proceed counsel

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good morning mr wilder did you hear my testimony about 910 derrard street

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i did you i did yes do you adopt as your own i do all right thank you nothing further

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questions from the board no mr chairman

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i'm sorry chair i just kind of thank you thank you questions or comments from our attorney hillary

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emerson just one clarification mr consul um the so that there are two garages for the unit so i

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had two parking spaces uh no mr wilder i believe it's just one garage for yours and one's the

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the property that's connected to it is that accurate i think he's still here

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He's raising his hand.

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I think there's two garages there.

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There are two garages for each adjacent unit.

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So I have two garages and the neighbor has two garages.

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Okay.

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Thank you for the clarification.

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Questions or comments from the virtual audience?

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No hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman.

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And good morning, David Fecto with the City Planning Commission.

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The comprehensive plan recommends no change to the single-family zoning at this location.

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However, the property has a longstanding history of being used as a two-family dwelling.

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The appellant has demonstrated hardship, and the proposal is the minimum necessary variance.

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So the City Planning Commission recommends the board grant their proposed use variance.

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Thank you. MI 2023-004-532-910 Durant Street. I vote yes.

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Thomas Holloman, my vote is yes

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James Snell, my vote is yes

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Thank you, you have your votes, counsel

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Thank you, thank you

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Number 17, MI 2023, 004-108, 1018-24 Art Street

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Zen Jin is the attorney

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There's a letter of support from Philadelphia Chinatown Development Corporation

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with an enforceable proviso.

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There's a letter of non-opposition with provisos from the RCO

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from Council Member Squilla.

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Good morning.

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Please proceed, Council, and state your name.

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Yes.

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Zen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard,

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Suite 1838, Philadelphia PA 19103, here on behalf of the applicant.

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Do you swear or affirm to tell the truth, the whole truth,

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and nothing but the truth?

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i do could you identify your client please yes my client is east coast investment inc

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Yes, my client is East Coast Investment, Inc. They are the tenant of the property and the proposed operator of the use.

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they are the tenant

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All right. And Mr. Hallman has a few questions for you, sir.

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Good morning, counsel.

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Good morning.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Did you email all of the exhibits and documents as required five days in advance to this hearing?

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yes thank you please proceed and share your screen thank you i will share with the board

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what was submitted in our exhibit pack uh can everyone see my exhibit we can sir thank you

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so we have uh submitted a copy of the refusal rco letter um in support from philadelphia

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chinetown development corporation photos plans and relay documentation required by the code

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I want to address first the refusal itself. This is an existing lot that was part of the

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old Greyhound bus stop at the Chinatown location. This is Zone CMX5, and the proposal is to use it

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as an accessory surface parking, which in essence is an extension of a pre-existing

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non-conforming condition. This lot was originally zoned as a parking lot as part of the use from

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the Greyhound station for many years. The last time a change of use was in the history records

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was in the 1980s when they wanted to put some advertising signs on the parking lot.

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The PCDC and my client actually met more than once. One of the primary concerns PCDC had,

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and it's reflected in their proviso request is that we try to make this parking lot beneficial

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to the community itself, to the Chinatown community. Obviously, the lot itself will be

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operated as a for-profit business. However, my client will be providing various incentives and

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discounts to people who are in the community, much like how it is done with the parking available to

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um the uh the the i'm sorry it just escaped my mind for the moment um airman avenue i know no

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it's it's uh the the center right next to chinatown okay i can't believe i'm not all right

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it's okay it's okay that's okay so we're doing something very similar where there will be an

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incentive to um reading terminal i'm sorry reading terminal okay so we'll be doing something very

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similar to that to help uh make this more uh easily beneficial to the community when it comes to

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parking within the lot. So I'm going to go to the actual plan at this point to explain what the

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refusals and some of the changes the community wanted. So the refusals, one is obvious for the

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use under CMX-5. But again, this is an existing parking lot. It is a paved over lot. And it has

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been for many, many years. The buses used to come in and out of this lot from Greyhound. So we're

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not really changing an existing condition much. We're trying to put it back to use.

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Now, obviously in CMX5, you can do a high rise, you could do a building, but that is really a

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very big project and it's beyond the current owner's financial ability to do. So they wanted

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to lease it to my client to continue to use it as a parking lot, but to organize it better,

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to bring some greenery space buffers to be put in, to put traffic control per the community's

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requirement and to add lighting to this lot, which now would be lit at night to some degree

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and would also be monitored because it is a valet service type parking. The second refusal for the

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width of the driving aisle is partly because of the way the parking is stacked because they will

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have valet managing it. So obviously the only drive aisle in the middle, while it is of the

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requirement with, not all parking spots will have that required with, and that's by nature of how

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this is laid out. So given its prior use for many years of a parking lot, given that we are looking

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to use it as essentially an updated parking lot, we asked for the board's favorable review. Now,

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PCDC requested a five-year limit on the permit based on the lease that we have. We have no

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objection to that as far as that requirement is concerned. I'm happy to try to answer any

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questions. I will, before I turn off the presentation, show the pictures to the board

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of the location so that we can, again, get a feel for what this lot is. So this is, again,

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a view from the back of the lot towards Arch Street, and this is the view from Arch Street

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And this is the view from Arch Street towards the back of the lobby, where the Greyhound bus station used to be.

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towards the back of the lot where the Greyhound bus station.

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Thank you.

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My client is here, too. Yes, my client is here.

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Yenny, can you it's Yenny Drew, Z-H-U.

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Can you raise your hand virtually to be identified?

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Yenny Zhu has been allowed to speak.

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Good morning. Could you please state your name and spell for the court stenographer?

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My first name is Y-A-N. Last name is Z-H-U. Z-S-Z-B-R-A.

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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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Yes, I do.

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Proceed, counsel.

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Thank you. Yanni, did you see my presentation and hear my representation to the zoning board?

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Yes.

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Can you verify what I have represented is true and correct and adopt it as your own testimony?

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Yes, I do.

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Thank you.

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