civus
Hearing video

ZBA Hearing - August 11, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 11, 20201h 34m

rezoning that happened at the end of 2019. However, the property was kept as single family

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residential. Being that the use proposed here matches that, the Planning Commission has no

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opposition to the dimensional variance. Thank you. Calendar number 40. Yeah, I'm sorry. I'm sorry.

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okay calendar number four zero zero four nine two thirty two east johnson street my vote is yes

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my vote is yes my vote is yes my vote is yes my vote is yes thank you and good luck thank you

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have a great day thanks you too calendar number three eight seven one four one five three five

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carlisle this is a hearing on reconsideration

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and miss saletta can you explain the status on this

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yes um the reconsideration that the board granted

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was at councilman clark council president clark's request

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he did not oppose the grant of the um of the variants but did request that

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additional provisos be added. The appellant does not object to those provisos, so the purpose of

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this hearing really is to read them, re-vote the case, read the provisos into the record.

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They are commercial trash pickup and trash stored within premises.

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We don't know if any of the parties are here to speak to this.

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You might call them. I have Mary Jones here. Thank you.

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Mary Jones, you can up meet yourself and speak.

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Ms. Jones, hi.

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Can you put your name and address on the record?

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Yes.

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My name is Mary Jones, City Hall, room 496,

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representing Council President Darrell Clark's office.

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And do you swear or affirm to tell the truth and nothing but the truth?

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Yes, I do.

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thank you so you yes so today yeah we just asked that these provisos be added

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on behalf of the community to this variance the commercial trash pickup and

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the trash storage like this just mentioned okay am I going to planning

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Commission on this? Ms. Saleta? I don't believe that's necessary. The Planning Commission weighed

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in on the first vote. This is merely to add provisos. Okay. Calendar, or does the board have

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any questions? Calendar number 38714, 1535 Carlisle Street. My vote is yes, with commercial

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trash pickup and trash stored inside of the premises my vote is yes with proviso yes with

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proviso yes with proviso that concludes the two o'clock hearings

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Back at 3.30.

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Back at 3.30.

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Thank you.

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Thank you.

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Is that your building?

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Is everyone ready?

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Tanya Sharon I see the board members are here yes I'm here okay all right good

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Tanya?

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Sharon?

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afternoon everyone my name is Frankie Chico I'm the chair of the zoning board

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of adjustment we have a forum I'll be participating in today's hearing along

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with vice-chair miss Carol Tenere board secretary confessor plaza and board

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members, Mr. Thomas Holloman and Mr. James Snow. Additionally, we'll have our board

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administrator, Ms. Tanya Sumkin, and our board attorney, Sharon Saleta, are also in

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attendance. For those of you who have not participated in one of our virtual

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hearings, I'll go through some of the basics of what you can expect. First, we

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will begin this morning, or this afternoon, rather, session by reading a

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list of cases to be continued. If you believe any announced case is being

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continued in error, we will give you an opportunity to respond. After reading

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the continuance list and receiving any feedback, we will then take any

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additional requests, continuance requests. Then once we've confirmed which

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hearings are being continued, Vice Chair Ms. Carol Tenere will begin calling the

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remaining cases listed for this session. When a case is called, we ask that the attorneys

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representing applicants or other interested parties in the matter identify themselves for

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the record. We will then hear the appellant's presentation, followed by any presentation by

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attorneys representing other parties. Interested parties and members of the public, not represented

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by council will then be given an opportunity to testify. We will finally hear the recommendation

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of the Planning Commission. At the hearing's conclusion, we will either vote the matter out

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immediately or hold it for discussion in executive session. Any case held for discussion

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will be voted on at the next scheduled Wednesday morning session at 9 30 a.m. Please note the

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following changes related to the virtual format. First, we will be administering oaths to

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individual participants prior to their testimony. Second, for the benefit of anyone participating

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by phone, we ask that attorneys and witnesses identify themselves prior to speaking or

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testifying. Third, we'd like to advise everyone that this proceeding is being recorded and that

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by participating, you acknowledge your agreement to be recorded. Fourth, for anyone participating

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by phone, if you wish to testify, you must raise your hand by hitting star nine and then

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star six to unmute. Again, if you wish to testify, you must raise your hand by hitting

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star nine, and then star six to unmute yourself. Finally, to enter an appearance statement,

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call Google number pound 267-270-5548 and leave your email address and the address of the property

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at issue. With that being said, we can begin. But before Vice Chair Carol Tenere calls our

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first case, we'd like to announce that the following matters are being continued.

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I'm sorry, Chair. Can I just ask you a quick question?

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Please.

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Is your volume up? Because the IT personnel is saying you're a little low.

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My volume.

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Or if not, just be closer to the mic, okay?

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How's this? Any better?

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How is that?

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Still?

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Yeah, maybe speaking just a little bit closer.

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Better?

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Yeah, a little bit.

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I'm 100% on my volume.

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Okay.

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Do you need me to go over anything else that I already spent?

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Do you need me to go over that?

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I mean, it's a standard statement that you can get from the previous session.

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no everything should be good okay thank you all right the following cases are being continued

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calendar number 39533 1726 north 51st street calendar number 38719 1743 east washington lane

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Calendar number 395301911 West George Street.

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1911 West George Street, calendar number 38530, 2843 Water Street, calendar number 39290, 1000 East Erie Avenue.

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Calendar number 395301911 West George Street.

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So again, if I called out any case in error, please raise your hand at this time.

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here i have charles richardson charles you can unmute yourself and speak

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thank you tanya uh good afternoon uh mr chair uh we are asking for a continuance for

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39421 4800 north eighth street in conference with the civic association the logan civic

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Association this morning, found out that the applicant was supposed to return to the RCO

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because they came to a meeting in February and were not prepared to present.

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And so they were asked to return with materials and to present at a later date, and they never

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did.

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Of course, the pandemic hit since then, but the RCO was requesting a continuance, and

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we're supporting that.

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Thank you.

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Is the applicant online?

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Marush, you have been unmuted.

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You can click your mute button so you can speak to the continuance request.

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Please identify yourself with the record.

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Spell your first and last name, please.

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My name is Marush Tsenai.

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First name M-I-R-U-S-H.

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Last name C-E-N-A-J.

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I live at 7704 Browse, B-R-O-U-S Avenue, Philadelphia, PA, 19152.

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So you heard the request from the Councilwoman's Office?

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Were you familiar that this request was going to be asked of today?

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No, I'm not.

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And I've sent an email to both the RCO and Mr. Richardson more than two weeks ago.

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And this is the first time I'm hearing that.

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If possible, we'd like to present our case.

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We believe that we have a strong case, and we did meet with the RCO, and we were prepared.

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If you look at our presentation, you'll agree that since nine months ago when we started this, that we've met with the RCO.

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We presented our case at the RCO.

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Actually, we presented our case for the refusal at the RCO, but we were not allowed to defend our refusal or propose our case or even discuss our case.

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I think that if the zoning board hears our exhibits or at least allows us to go through the exhibits, they'll understand what the entire situation is.

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I don't think Mr. Richardson presented the matter as it is, in fact.

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Well, my guess is Mr. Richardson is listening to comments from the RCO on behalf of the Councilwoman.

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Hold on, please.

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Shari, we can hold him here, couldn't we?

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Well, does Mr. Richardson have any idea when the RCO would be able to schedule a meeting?

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Don't at this very moment.

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If I may speak, I sent an email to the RCO back in May, and they are saying they are

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waiting until the pandemic is over in order to have in-person meetings.

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Now I don't think that's very fair because we don't know how long this pandemic will

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take place, and I think we did follow the zoning code, which was to have a meeting with

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the RCO.

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We still haven't had a summary of the meeting.

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I would really appreciate it if the board would let us present our case.

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Let me ask a question. Were you supposed to return to the RCO?

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We were supposed to return on the 13th of April to the RCO, and that meeting was canceled.

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If it makes a difference, the applicant did submit a revised application in keeping with the RCO's request.

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he had originally requested a laundromat on the first floor, the RCO objected to that,

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he changed it to a grocery store. Given that and that he's already had one meeting,

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Mr. Richardson would a compromise that would perhaps the chair has asked if we could do a

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here and hold if we left the record open say for 30 days and the RCO would

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30 days and the RCO would then be given an opportunity to come back and testify?

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then be given an opportunity

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I think in fairness, that'll be fine.

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Mr. Rich, we're going to recommend that. I mean, to say, obviously, you're repeating what you've

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been told that we're going to wait for the pandemic to end. We all hope it's over tonight,

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but God only knows when we're going to be out of this. So we'll hear and hope for 30 days.

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um so not exactly here we we will here leave the record open and and allow um the applicant to come

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back and report on any progress with meeting with the community then okay very good all right so

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we'll proceed with the hearing mr richardson you're obviously welcome to listen in and if you

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have any questions at the end of the presentation please feel free to ask certainly um i also have

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my partner here with me. So who will be testifying? Mr. Marouche? Yes. I promoted

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you to a panelist. Okay. I also need to swear in my partner. He's also here. We're not doing that

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yet. First, you're promoted to panelists if you need to testify and share your screen. But first,

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are you going to be presenting yes your partner i am going to i'm going to okay so we'll start

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out with you and then we'll get your partner in it together say something before we start

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mr marouche are you an attorney no i'm not i'm just no he's not are you an llc or a corporation

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no okay all right carol

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okay this is um what am i reading the use refusal let's read the calendar number off

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calendar number okay calendar number 39421 4800 north 8th street this is an application for a

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retail grocery store food beverages and groceries not to exceed 2 000 square feet

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on the first floor and proposed two-family dwelling above in an existing structure.

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This use is refused because it is prohibited in this zoning district.

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The two-family dwelling is prohibited.

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Name and address for the record, please.

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My name is Mirush Sainai, M-I-R-U-S-H, last name C-E-N-A-J.

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My address is 7704 Brous, B-R-O-U-S Avenue, Philadelphia PA 19152.

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And do you swear or affirm to tell the truth and nothing but the truth?

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Yes, I do.

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Thank you.

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You may proceed.

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All right.

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So can you all see my screen here?

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Yes.

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Okay.

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So I'm just going to go through the exhibits here.

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This is just the deed of the property.

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The deed to the property here.

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The address is 4800 North 8th Street and just the tax compliance is the appeal for the for

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the initial appeal back in November of 2019 so this has been nearly nine months now this

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is this was received by the zoning board on the 3rd of December I'm sure you've all I'm

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going to explain everything and that's what's including the appeal so I won't go over that

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for right now. This is the project information form that was required.

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These are the list of the addresses that we

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mailed out to the neighbors, the mailings that we did.

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So we had the February 10th meeting, which we mailed out this notice here

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as required.

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So it was February 10th at 630. This is the refusal,

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the initial refusal, which was for a laundromat and a duplex upstairs.

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And this is the email to the RCO, including Mr. Richardson, and the ZBA as well.

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Just their notification.

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These are the mailing receipts for that meeting.

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This is just a photo of the envelopes that I sent.

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This is the notification that we mailed out for the ZBA hearing itself.

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um we didn't really um we just copied what was on the zoning poster pretty much that had the

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instructions on how to join the meeting by phone or online and that was mailed out to the neighbors

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