civus
Hearing video

ZBA Hearing - August 3, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 3, 20223h 46m

Thank you.

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There he is.

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And Chair, you can begin when you'd like.

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Good morning, Jim.

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Good morning, everyone.

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My name is Bill Bergman, and I will be chairing this morning as EVA hearings.

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With me is Carol Tenere, our vice chair.

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Present, Mr. Chairman.

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Ismail Shahid, our board secretary.

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Present, Mr. Chair.

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Thomas Holliman, our board member.

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Present, Mr. Chairman.

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James Snell, our board member.

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Present, Mr. Chairman.

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Our board attorney, Hillary Emerson, is also here.

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Before we begin, here's our virtual format.

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Be advised the proceedings are being recorded. By participating, you acknowledge your agreement

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to be recorded. The video will be available by contacting tonyasunkett at phila.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves

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before testifying. If you're participating by phone, if you wish to testify, press star nine

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to raise your hand and star six to unmute. To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question. Finally, please note the question

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answer box is not for testimony or comments. Any comments should be directed to Tanya Sunken,

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our executive director. Let's start today by talking about the continuances that we have.

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Number five, MI 2022 001 395 341 North 52nd Street. This case will be continued. Number seven, MI 2022 001676 3618 Sears Street. This case will be continued.

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Number eight, MI 2022, 001374, 4812 Knox Street. That case is continued. Number nine, MI 2022, 001391,

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5221 Haverford Avenue. That case is continued. Number 10, MI 2022, 001396, 5813 East Worcester

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Street. That case is continued. MI, number 12, MI 2022, 001680, 5710 Malvern Street. That case

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is continued. And number 14, MI 2021-004-044-6701, the 41 Call of the Street. That case is continued

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and will be marked, must be tried. Are there any comments from the virtual audiences with

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the continuances? Good morning, Mr. Chair. This is Jason Hand. At this time, there are two hands

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raised. The first one is

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Mr. Ken Wood. I have allowed him

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to speak. Sure.

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Yes, good morning.

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Hi, could you state your name

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and spell for the court reporter?

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My name is Kenneth Wood.

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K-E-N-N-E-T-H.

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Last name Wood.

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W-O-D.

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Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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Yes, I do. What case, sir?

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Regarding

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25 0 7 each east allen street id number two seven three zero five seven seven five

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and i got another id number is zp dash two zero two one dash zero one six six six seven you're

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saying almond street sir yes yes 2507 tell me what what your issue is relative to that well

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the neighbor the community was never given it the 250 foot that's why that's why i announced

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that's being continued. Oh, okay. I didn't catch that address. Yeah, I did. That was one of the

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oh okay i didn't catch that that address yeah i did that was one of the cases i listed

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cases I listed.

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i'm sorry that that case you're right well i'm going to call that shortly and the attorney

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should be getting on okay yes all right do you have any other issues excuse me uh mr mr chair

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um mr wood are you calling as a neighbor are you calling on behalf of the registered community

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organization as a neighbor protesting i i did all the registration beforehand

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hand and it said I was registered. Okay. Okay. No, that's fine. Thank you very much.

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You'll be here. That's the only case you have, right? That's the only one I'm here for.

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All right. Is there a request for additional continuances? What's the other hand you have up?

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Chase? Okay, sir. This is a hand raised from a number ending in 3297. I have allowed this

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person to speak okay good thank you i could you state your name and spell for the court reporter

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joanne joanne hand j-o-a-n-n last name hand h-a-n-d right do you swear to tell the truth

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the whole truth nothing but the truth yes sir what case you want to talk about uh zp

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2-0-2-1-0-1-6-6-6-7-2-5-0-7

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Almond Street, AL. That case will be

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you're a neighbor? Yes, sir.

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I'm calling for a continuance. Okay, good. You'll hear that

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shortly. Okay? Thank you, sir. Thank you.

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Are there any other issues relative to the case as I continue?

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Sir, I have one more hand raised from Mr. Dylan Mahoney.

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I have allowed him to speak.

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Mr. Mahoney, please unmute and wait to be sworn in.

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Good morning, Mr. Chair.

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Hi, good morning, Mr. Mahoney.

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State your name and spell for the court reporter, please.

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Dylan Mahoney, D-I-L-L-O-N-M-A-H-O-N-E-Y.

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Right.

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Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes, sir.

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What case do you want to talk about?

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Sorry, it was 1615 Elaine Street.

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This is not one you called, but one I thought you asked for additional continuances.

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okay

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twenty twenty two zero zero one seven one zero what's the what's the address 1615 elaine street

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that's number one on the list mr chair we don't have any exhibits for that case yeah yeah we don't

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have exhibits i'm going to be continuing that shortly okay okay thank you sir sure are there

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any other requests for additional continuances? Okay. I do not see any hands at this time, sir.

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Okay. Case number three, MI 2022-001-494-2507 Ammon Street. That case is continued. Mark must be tried.

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Mr. Chair, can we see if either the RCO, the council office, or attorney for the applicant

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are present? Because we did not receive an official request for continuance from one of

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those parties. I will call it again. I just called for additional MI 2022-001-494-2507

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Monomin Street, Adam Laver, or Council Member Squill's office.

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Mr. Kline has his hand raised.

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Allow him to speak?

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Sure.

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Understood.

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Mr. Kline, if you want to speak.

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Thank you.

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Good morning, Mr. Chair.

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Good morning, Mr. Kline.

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

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Certainly.

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It's Jared, J-A-R-E-D.

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Last name is Kline, K-L-E-I-N.

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And I'm counsel for the applicant for 2507.

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All right.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Is it OK to continue that, Mr. Klein?

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Yes, it is.

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We had previously discussed with the RCO and the counsel's office our desire to get a continuance.

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The only thing I would ask is if you could do it as attorney moving party.

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OK, thank you.

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MI-2022-001-494-2507-Omin Street,

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continue to turn to your moving parties.

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Thank you very much.

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Any other requests for continuances?

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I do not see any hints at this time.

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I also have several cases with no exhibits.

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Number one, MI 2022 001-710-1615 Elaine Street. Patrick Jones is the expert that are listed.

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Mr. Jones, if you are in the audience, please raise your virtual hand.

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Mr. Jones, if you're in the audience.

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Cases continue.

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Mark must be tried.

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Case number six, MI 2022 001761 3518 G Street.

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No exhibits, first listing.

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see no hands raised up okay that MI 2022 001 761 3518 G Street continue mark must be tried

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and number 13 MI 2022 001 399 6642 Marston Street Lewis Cruz listed applicant

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No exhibits, first listing.

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Mr. Cruz does not seem to be in the audience for this case.

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That MI 2022, 001-399-6642, Marston Street.

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Cases continued.

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Mark must be tried.

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Any requests for withdrawals?

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i see no hands mr chair thank you jason we're going to go to our add-on case

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mi 2022 000 403 31 16 clifford street i vote yes

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Her corrective refusal dated 1-7-22, revised plans, one page, stamped by ZBA on August 3rd, 2022.

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Carol, unmute yourself.

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Carol Tsuneri, my vote is yes with proviso.

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Thomas Holliman, my vote is yes with provisos.

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Thank you.

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James Snell. Yes, for Proviso. Jim, you don't have to vote. We're good. We were only three

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of his present that day, but thank you. Case number two on the full list. MI 2022-003-266-2416-18

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South 7th Street. Attorney Jeffrey Young. Letter of support from Lower Moy-Mencing Civic Association.

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letter of support from State Representative Fielder,

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and letter of support from State Senator Saval.

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Mr. Chair, Mr. Jeffrey Young has been promoted to panelists.

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And we were joining shortly.

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Good morning, members of the board.

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My name is Jeffrey Young.

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I'm here on behalf of the Cambodian Association of Greater Philadelphia.

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Thank you.

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Mr. Young, just for the record, spell your name for the court reporter.

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Yes.

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First name Jeffrey, J-E-F-F-E-R-Y.

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Last name is Young, Y-O-U-N-G.

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Right.

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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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Our vice chair has a few questions.

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Good morning, Mr. Young.

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

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Yes.

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

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Yes.

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Okay, you may proceed.

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Thank you.

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And please share your screen. Sure.

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Thank you.

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Again, members of the board, my name is Jeffrey Young.

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I'm here on behalf of the, excuse me, make my screen a little, I'm here on behalf of

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the Cambodian Associates Bureau of Philadelphia for property address 2416 South Southern Street.

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We're here today asking for two use refusals and one zoning refusal that I will get to

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later on in the presentation. Here is our tax clearance to show that we are compliant.

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Here is proof of ownership for deed dated February 28th, 2001 to the Cambodian Association of

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Greater Philadelphia. So I want to start off by giving the board of

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So I want to start off by giving the board a sense of where this property is.

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This property is located in South Philadelphia on South 7th Street.

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In between, to the north is Rittner, and to the south is Porter, and we're located on the west side of South 7th Street.

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And as you can see here in the map, the area in this particular neighborhood is a mixed

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use area with a number of commercial properties being used in the middle of the block directly

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across the street from us is a Mexican restaurant.

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As you can see to the south, there's Port of Beverage, which is also in the middle of

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a block.

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So in this particular neighborhood, there is a mix of many commercial uses that are in

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places that are not traditionally used for commercial uses. But that can be attributable

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to the zoning for this particular area. Our block is zoned as a mixed block zone, CMX1

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and CMX2. And also the block north of us as well as also a mix of CMX1 and CMX2. So

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What we apply for is for the erection of a secretary addition to our current property, as well as to use the property as a community center and a child care center.

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Two use refusals are for use as the second floor as a community center and a child care center where CMX1 only does not allow for a non-residential use on that top floor.

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we're also refused for we have a zoning refusal for a minimum real yard depth but as I'll get

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through the presentation you'll see that this not that we have a hardship based on this non-performing

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use you have to give the board a sense of the property this is the front of our property on

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uh south 7th street um as you can see it's designed as a commercial building

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um and on the block uh to the north of us i'm on our side there's a a mix of uh some single

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family homes as well as uh apartments and multi-family use um on this on this particular

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uh side of the street um this is the view is looking south um the block isn't as narrow as

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it looks it's just uh the way the pictures came out i'm gonna just to give the the board a sense

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of what the block looks like directly across the street from us. As I mentioned, it's a Mexican

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restaurant. There's also an interior design studio to show that there has been a mix of these

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