civus
Hearing video

ZBA Hearing - October 28, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 28, 20266h 49m

now fully the plan is to

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make this fully be

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the plan is to turn it to

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be able to rent it over the course

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of the 12 months so while

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they may stay there every once in a while

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they don't necessarily

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anticipate additional bookings

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they just

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would like to be able to do it over the course of 12 months

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instead of just six.

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exactly okay if that makes sense other questions questions from our attorney

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Exactly.

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Okay.

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If that makes sense.

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um just kind of a clarification um mr bentley is is not the owner of the property correct

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no marcella is actually on the deed okay because mr bentley cannot adopt your testimony he could

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Very well. Marcella, would you care to be sworn?

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Marcella, could you please state and spell your name, please, for the stenographer?

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Sure. My name is Marcella Bentley, M-A-R-C-E-L-L-A.

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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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Counsel?

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Thank you. Marcella, did you hear my presentation to the board today?

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I did.

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Is it true and accurate to the best of your knowledge?

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Yes.

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Do you adopt it as your own testimony?

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I do.

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Thank you.

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Questions from the virtual audience?

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Chair, I do, wait a minute.

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I have a hand up from Cheryl Feldman.

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I'll promote them at this time.

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Sure.

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name of the person coming on hello hi good morning could you please state and spell your name for me

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sure my name is cheryl c-h-e-r-y-l feldman f-e-l-d-m-a-n do you swear or affirm to tell

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the truth the whole truth nothing but the truth yes are you a neighbor i am part of the rco and

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And I'm here on behalf of the RCO to present that.

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Okay, please proceed.

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Okay.

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This house is located in a very cohesive neighborhood.

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It's a busy street, but it's actually row houses that used to be mill worker houses that are very affordable.

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And we believe after discussing this after the presentation by Mr. Bentley and his attorney, we talked at length, and we believe the Airbnb will be setting a precedent that takes homes in this affordable neighborhood and moves them into transitional housing long term.

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and makes the housing market more expensive in our neighborhood,

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impacts cohesion in the neighborhood.

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And so after much discussion, we decided that we wanted to vote against it.

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We also did a survey of the near neighbors.

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We delivered a survey to every near neighbor on the list.

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When we looked at the petition that was provided,

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We found that 18 of the people on the petition provided by Mr. Bentley were not near neighbors.

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They were not on the PCPC list.

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And there were four without addresses.

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So it's not 40 people that signed the petition who actually are near neighbors.

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And in our survey, we had eight people who responded in opposition and two in support.

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from the survey that we provided to the board.

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We also didn't, after thinking about it,

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understand what the hardship was that was being shared with us

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at the RCO meeting.

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Mr. Bentley was there, and he explained that he doesn't intend

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to increase the number of days rented per year more than the hundred-some that he generally

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rents now. So we didn't understand what the need was to move this into a short-term rental

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and not remain as is. It just seemed like there was not a hardship there.

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and uh and so we concluded after after discussing it and we did have a very lovely discussion

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but we concluded that this was not in the interest of the neighbors uh to to convert this

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to a short-term rental uh thank you very much for the opportunity to counsel you have a question

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i have no question just uh some points of clarity if if that's okay uh first

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I have no questions, just some points of clarity, if that's okay.

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First, it's already a short-term rental.

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Vern, why don't we make sure there's nobody else online?

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Very good.

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Is there anyone else?

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And by the way, Ms. Feldman, thank you for your comments.

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Is there anyone else in the virtual audience?

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Marlene Scheffler.

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I will promote them right now.

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Okay.

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there we go

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good morning could you please stay and spell your name for the stenographer

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sure my name is marlene schleifer it's m-a-r-l-e-n-e the last name is spelled s-c-h-l-e-i-f as in frank

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we are all right do you swear on frank

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hold on hold on hold on hold on hold on do you swear or affirm to tell the truth the whole truth

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nothing but the truth. I certainly do. Are you a neighbor? An immediate neighbor? No. I live

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about a block and a half away. Okay. And not for the past 36 years. Okay. Please start your

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testimony. I am the president of Ridge Park Civic Association, have been for many years.

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I have also been the RCO representative for many years as well. What I am seeing in my neighborhood

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is that if there is a postage stamp-sized piece of property,

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somebody is putting a humongous grain silo on it

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and asking a million dollars for it.

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And what we are losing is the ability for young people with children

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to be able to buy reasonably priced homes.

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And Cheryl Feldman is absolutely correct.

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So, Marlene, I understand your points that you're making, but I'm more concerned about whether or not you think this should be an Airbnb.

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I do not.

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I think it's going to make the other homes much less affordable.

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And the fact that people are coming and going all the time does not add to the cohesiveness of the neighborhood.

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All right.

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All right. Well, thank you very much for taking the time. Vern, do you have any questions?

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Yes. Hi, Marlene.

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Hi.

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I have just a couple of quick questions. I do appreciate your testimony, of course.

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Would you happen to know if my clients weren't able to keep this property and they needed to put it up for sale,

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would you happen to venture to guess what that asking price would be?

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um as a matter of fact my house was listed and will sell because i am moving to a co-op

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for three hundred and seventy seven thousand dollars it was also much newer and um it is

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only 35 years old the average homes the issue that i had was getting it to appraise as high

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as I wished it would.

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Do you realize that the property

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would probably sell in excess of $500,000

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in its current condition,

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which would automatically raise

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the valuation of the other homeowners

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in the immediate...

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I question that.

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I don't believe that that's the case.

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Thank you.

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Is there anyone else in the virtual audience?

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No further hands, Mr. Chair.

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Planning Commission.

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Madison Matera, Planning Commission staff.

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The comprehensive plan recommends no change to the existing RSA 5 residential single-family zoning at this location.

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The appellant has not demonstrated that there are unique physical conditions or circumstances of this property that would prevent conformance with the zoning code.

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The Planning Commission recommends the Board deny the requested variance for visitor accommodations.

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Mr. Chair, if I may?

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Sure.

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Again, this is a property on, as the RCO testified, on a very busy street, across the street from a parking lot, and immediately adjacent to a bar.

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My client is a gold star host with Airbnb, a five-star rating.

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Everyone who lives on Umbria Street has signed this petition.

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And every one of the 42 that have signed, if they're not on the PCPC list, then they're merely a block and a half away.

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And for all those reasons, because of the overwhelming support of the immediate neighbors, we're asking for the relief.

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Thank you.

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Thank you.

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MI 2026-002-891-4741-Umbria Street.

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I vote yes.

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Temporary variance.

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That expires 10-29-29.

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10-29-29.

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Michael Johns, my vote is yes.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Ryan McAdams, my vote is yes with proviso.

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Tyia Nguyen, my vote is yes with proviso.

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Laila Beebe, my vote is yes with proviso.

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Thank you.

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Thank you, counsel.

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Yep.

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Number 13, MI2026, 000550, 2825 to 35 Cotman Avenue.

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Zengen is the attorney.

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They're coming back in as a panelist now.

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Sure.

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Good morning.

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

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Yes, my name is Zen Jin, Z-H-E-N-J-I-N.

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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 relationship to the property?

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Yes, my client is Eastern Plaza LP, the property owner. Mr. Sam Tang is here on behalf of the corporation.

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All right. And counsel, we now have an RCO letter, am I correct?

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We have only an RCO letter from one of the RCOs in the area, the coordinating RCOs.

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The other counsel, I'm talking to our counsel here, but we know you're a counsel too.

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We have a letter from, so we're missing the other one, but we have the letter from

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Northeast Philadelphia Development Corporation, RCO.

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Is that okay? Is that the same information you have then?

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Yes, that is the same information I have.

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All right. And our vice chair has a few questions for you.

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Good morning. Have you submitted your documents and exhibits 14 days in advance of this hearing?

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Good morning. Yes, we have.

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And thank you. And do you weigh the reason that your refusal is to play to its accuracy?

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I do.

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All right. Thank you. You can share your screen and proceed with your case.

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Thank you. I'm going to share with the board what was previously submitted as an exhibit in this matter.

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It should be coming up on the screen.

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Can the board see my exhibit?

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We can, sir.

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Thank you.

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Good morning.

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This is an application for 2825 to 35 Cotman Avenue.

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This is a CA1 commercial auto one zone district.

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This is an application to allow this existing restaurant venue to obtain assembly and entertainment nightclub private club license zoning

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for this location.

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So the proposed use,

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assembly, entertainment, nightclubs,

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and private clubs is prohibited.

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This particular location

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is supported by the RCO

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that submitted a letter.

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This is the

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North Philadelphia District Community RCO

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that issued the letter.

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We did not get a letter

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from Mayfair Civic Association, the coordinating RCO.

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We did have a meeting with Mayfair Civic Association

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per the notifications I have attached with our exhibits.

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So I wanted to show the board the location

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and what is already there.

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This business actually opened

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and has been operating in this location

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for some number of years.

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During the initial applications through zoning, the location was opened as a karaoke bar restaurant.

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