civus
Hearing video

ZBA Hearing - May 5, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 5, 20214h 16m

within 250 feet of the development and even beyond have expressed a unanimous decision

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and even beyond have expressed

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that they're opposed to a 15-family, six-story, 68-foot building being placed in that small

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triangle area. You guys just saw a picture of the lot. You see how beautiful it is. Well,

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Imagine a building that's twice as tall

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as the existing mural.

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And then beyond that, we look at the code

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and we look at how the zoning code limits the apartments

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to just four units on a 2,800 square foot lot.

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it's clearly over development putting 15 units on a lot designed for four units is clearly clearly

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clearly over development so when we look at the height and then we look at the number of units

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we see why the zoning code prevents uh that kind of usage and then in addition to that

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uh the zoning code does require a nine foot rear yard well here we have a structure that's going

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going to go from Belmont to Parkside, which means it's going to prevent the neighbors

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from being able to view up Parkside Avenue as they've been able to do for the last, whatever,

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100 years. So we've got a structure that's going to be twice as tall with three times

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as many units, and that's the center of our contention. Now, of course, trash is going

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to be an issue, traffic's going to be an issue, parking's an issue, infrastructure, the neighbor's

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homes are already 100 years old, so this new construction is going to be an issue in terms

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of undermining the structural integrity of the block. There's so many issues here that

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are going to be impacted by this decision. And so, you know, we're open to working with

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the developer. We approve almost everything that comes before us. We're certainly still

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willing to do that with this developer. We just don't want a 69-foot building with 15 families in

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it. There's got to be something less than that, some compromise, which the community and developer

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can coexist. Okay, sir, and what RCO are you with? Thanks for asking. East Parkside Resident

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Association. There's two other RCOs, both of which support all the things that I just said.

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Centennial and Viola Street RCOs agree.

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Okay, so Centennial is also part of this?

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Centennial agrees with the fact that there's too much development, too many units, and too tall a building for that small space.

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I don't think you can speak on behalf of them.

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Right.

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And thank you, sir, for your words.

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And Mr. Consul, the Business Association of West Parkside, did someone already speak on that?

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I spoke on it, and we have the letter presented in our packet, the letter of support.

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And like we said earlier, the resumption hearing would be to work further with Mr. Harris here, because that was our intent all along.

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um so excuse me mr council having heard what the objections are that um they oppose the height and

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the density the number of units is there a possibility of compromise on those issues

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because if not the resumption hearing would seem unnecessary oh yes there is certainly okay thank

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you okay are there any more witnesses

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I have a Ms. Paulett.

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There's someone else

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that's being marked

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under a German Yakubov.

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I'm not sure if it's Mr.

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Yakubov or if it's

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someone else.

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but how about we allow mr goodman to go next please thank you thank you mr goodman let's move

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him up hi good morning andrew good morning you're still under can you put your name and address on

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the record please and spell your last name yes absolutely andrew goodman g-o-o-d-m-a-n here

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representing the office of third district council member jamie gaudier room 586 city hall

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Okay, you may proceed.

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Yes, so we have more lengthy testimony,

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but since there seems to be mutual agreement

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on a resumption hearing,

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we just ask that the record be left open

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we just ask that the record be be left open and we will you know we'll give further testimony at

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and we'll give further testimony.

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the resumption hearing date okay do i get a recommendation from planning commission now

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if it's possible that the plans are going to be revised

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it would probably be better to wait until the next hearing okay do we have a date for resumption

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hearing and does the board have any questions uh yes madam vice chair i have two questions

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okay tom the first one is on the permit the commercial space on the first floor is just

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called vacant commercial space do you have any problem in defining that space

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i'll lean on mr yakubov to respond but i believe the answer is he just will not

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so chair chair we do have other hands up it's your call um but i do have a resumption date of

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june 23rd at 9 30 a.m okay can we hear is it recommended that we hear those people

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at the resumption hearing or today because i know they've they've taken time out of their day

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if they would like to testify briefly now that would be acceptable in case they can't make it

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back okay could we first have german um respond to mr hollman's um sure are you available german

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mr jacobal please raise your virtual hand

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you'll have to speak thank you uh yeah we have no problem defining that space the the goal was

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after getting some input from the business association and the people that were behind

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the mural and some of the neighbors. The goal is to have a neighborhood coffee shop that would be

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themed in the All-Stars League and given some memorabilia as there are some neighbors

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that are still old enough to know or have known some of the players that played. So it would be

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cool aspect to bookend the historic block. Thank you. My second question is, will your

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residential be mixed income? So, I mean, we were planning on doing market rate,

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but the market in that area varies. So we have no problems with limiting the rents on a couple

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the units to appease or to complement the neighborhood and incorporate some of the

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tenants that are currently resigning in the neighborhood to live in a brand new apartment

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for under market rate. Would you restrict a deed to that? We'd have to talk to our lenders,

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but if they're okay with it, we have no issue with it. Thank you.

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Tanya, what is the resumption date?

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Madam Chair, June 23rd at 9.30 a.m.

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Okay, so Mr. Consul, this case is going to go to a resumption hearing on June 23rd, 2021 at 2.00.

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9.30.

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930. And the hearing would be limited to feedback from the RCO, the Councilwoman's

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office, and also consideration of any revised plans that have resulted from your talks.

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Understood. Sorry, Madam Chair, I could also ask that the City Planning Commission testimony

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be added to the resumption hearing. Absolutely.

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i apologize ian would you prefer to speak now or after um it's determined whether there's

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going to be a compromise uh we can speak to the merits of the case that's been submitted

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okay well why don't you do that then okay thank you um

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Madam Chair Ian Hegarty for City Planning Commission. The comprehensive plan recommends

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no change from the existing commercial mixed-use zoning at this location. While the triangular

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lot shape supports a claim of physical hardship with regard to open space and yard requirement,

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the degree of the proposed variances exceed the minimum variance that will afford relief.

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In particular, we're looking at the dwelling unit count and the height, which we think don't have

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any rational nexus with the physical hardship that's present and are simply an overuse.

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And so the city planning commission recommends that the board would deny this variance as

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submitted. Thank you. Okay. Thank you. Okay.

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Thank you.

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Okay.

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Thank you.

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Okay.

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Thank you, Mr. Consul.

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Thanks, everyone.

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Thank you, everyone.

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I need to know where we are.

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Calendar number 0183514 North 10th Street.

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The attorney is Zen Jin.

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He has been promoted to a panelist, Madam Chair.

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Thank you, Mr. Han.

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Good morning.

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Hi, Mr. Jin.

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Can you put your name and address on the record and spell your last name?

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Yes.

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Zin Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103

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here on behalf of the applicant.

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Okay, you're still under oath, but do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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I would only indicate that it's a referral, not a refusal, but otherwise we will stipulate.

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Thank you.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, the refusal, strike that, the referral, photos, or plans of the property, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, to all questions.

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Okay, thank you. You may proceed.

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Thank you. I'm going to share the information of this case with the board.

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As you can see, we have submitted to the board the referral, support letter from the RCO, photos, plans, tax clearance, and related documentation.

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This is a referral as this matter is in a CMX 2.5 zoning district.

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we're asking to add hot food services to an existing food, beverages, and grocery on the

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first floor of the building, and therefore is a special exception. We have met with PCDC,

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Philadelphia Chinatown Development Corporation, and obtained their support in this matter,

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because again, my client has been operating the existing grocery. He is the owner. It'll be the

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same owner operating. Part of the reason he's asking for an expansion of services is because

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during the pandemic, he has found that the only services that are really able to keep the business

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going has been takeout food. And therefore, based on that need, he wanted to add proposed kitchen

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to handle this particular addition. Now, Kellogg Hill Neighbors Association also sent a letter

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and they also support this conversion the existing property is as you can see here a

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convenience store and the plan is to kind of add a kitchen hot food kitchen into the existing

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facility making it more of a takeout restaurant style service than a grocery store and again

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this is a special exception the property is zone cmx 2.5 the facilities are available to fully

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handle the addition of hot food and venting and related items will be available per the plan

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and venting will be up to the roof so that there should be no issue for smells or trash management

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because most of the business is from local customers there should be no impact on parking

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as well so that this business should not have any greater impact than what is normally expected of

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business like this in this particular area. So we would ask for favorable consideration from the

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zoning board for this request for special exception. I'll be happy to answer any questions or

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show the board any other exhibits I have available. We do have letters of support from Philadelphia

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Chinatown Development Corporation, Callow Hill Neighborhood Association, and a letter of non

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opposition from Councilman Squilla. Does the board have any questions? No. No. Planning Commission?

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Thank you, Madam Chair. Let's see. In 2015, the zoning map was amended here from CMX 3 to CMX 2.5

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in accord with the comprehensive plan. The proposed special exception will not cause detrimental

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impacts to the neighborhood beyond what might normally be expected for this use and so therefore

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the city planning commission recommends that the board grant the special exception

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if i may madam chair if i could just have my client uh verify my testimony briefly

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for the record absolutely thank you uh mr john can you raise your hand it should be a 10

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which is T-I-A-N-C-H-E-N-G, last name Z-H-A-N-G.

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Last name Z-H-A-N-G.

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I see his hand raised.

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I see his hand raised.

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He's been allowed to speak.

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Okay, wait.

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Madam Chair?

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Yes.

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My client is ready to be sworn in.

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Okay, name and address, please.

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And please spell your last name.

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And my name is Tian Chen Zen.

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Last name is Z-H-A-N-G.

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Okay, sir, do you swear or affirm to tell the whole truth, and nothing but the truth?

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Yes.

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Okay, you may proceed.

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Thank you.

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You've heard my testimony and saw the presentation before the board.

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Mr. Zhang, can you verify that my testimony and presentation is true and correct,

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and adopt it as your own.

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Yes.

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Thank you.

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I'm sorry, Madam Chair.

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Do you mind if I ask a quick question of the court reporter?

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Not at all.

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Court reporter, I just wanted to make sure you were able to capture that information just presented.

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Yes, ma'am.

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Thank you very kindly.

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You can continue, Madam Chair.

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Thank you.

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Mr. Jin, is there anything else?

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No further presentation at this point, Madam Chair.

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Okay.

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And I did ask the Planning Commission, correct?

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Yes.

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This is an unusual day.

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I'm sorry, Madam Chair, if I could interrupt again, I apologize.

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But if it's okay, could we ask the community if they can weigh in?

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Yes.

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Is there anyone else who would like to testify?

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If so, please raise your hand in the virtual audience.

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Madam Chair, I have a Ms. Paulette Fields.

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I will allow her to speak at this time, if that is okay.

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Thank you.

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Wait, it's saying that,

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