civus
Hearing video

ZBA Hearing - April 27, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Apr 27, 20224h 7m

636 3433

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North Carlisle Street. Darlene Threatt is the attorney.

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Nicetown Tioga is not taking the position on this case, it's basically a tied vote.

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This three has been promoted to a panelist.

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Good morning, Commissioner.

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I'm darling, through on behalf of the applicant, Passerelle NYC.

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Right.

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I think I swore you once this morning, didn't I?

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Yes.

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Okay.

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Could you identify your client in a relationship to this property?

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My client is Passerelle NYC Corporation.

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I HAVE MR. MICHAEL SIMPSON ON THE LINE TODAY WHO IS A PRINCIPAL OF THAT CORPORATION.

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THANK YOU.

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MR. HALLMAN HAS A FEW QUESTIONS.

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GOOD AFTERNOON, COUNCIL.

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DO YOU AGREE TO WAIT THE READING OF THE REFUSAL AND STIPULATE TO HIS ACCURACY?

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YES, I DO.

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DID YOU EMAIL ALL OF THE EXHIBITS AS REQUIRED, SUCH AS PROOF OF OWNERSHIP, TAX CLARANCE,

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COPY OF REFUSAL, PICTURES OR DRAWINGS OF THE PROPERTY, FIVE DAYS IN ADVANCE OF THIS

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hearing did you meet with the rco and do you have an rco letter yes i do please proceed and share

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to your screen.

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here we go I submitted a package of materials to the board last week they

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include a refusal on appeal project information forum tax information

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clearance form a deed zoning history of the block plans pictures a community

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flyer a meeting flyer a certificate of mailing and the community letter of no

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position I'm going to start with just showing you a picture of the property

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Here is a picture of the property. It's a three-story building on a block in the Temple area, right behind Temple Hospital and Temple Parking. It's detached on one side. There's a little breezeway here. Right next to this is a Temple facility and there's some parking on the end.

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i have another shot for you here which shows uh the back of the building actually this is the

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yard on the other block and here is the uh back of this building but behind the fence here that

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you can see i'll show you a picture looking north uh down the block carlois street as you can see

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this is a temple facility some type of little office this is a big parking facility for the

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hospital and this is a another temple building on the end here i also send you a shot looking south

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down carlisle street as you can see again there's a another temple facility here there's another

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temple i believe a medical facility here and there are um multi uh families uh up and down

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this block which I'll go into a little further later here's a another picture

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of the block I just took this to show you that there are multifamilies on the

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block there is an apartment building I'm located at the very end of this block

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again another picture of the temple facility and parking here's another

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a shot of the end of the block to show you that our structure is consistent with all the rest of

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the structures on the block uh again in the next block there is a temple overpass a temple hospital

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a temple of parking i'll show you a few pictures of the interior of the building

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uh the building had been gutted it's been out of use i understand uh for some time now it's been

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empty. We have a couple pictures of what's going on inside in the building now. It's

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just been gutted, waiting for zoning to be approved. Here's a final picture of the building.

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And that's the interior of the building.

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I'm going to go back now to the, I want to show you a little history of this block in

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I want to show you a little history of this block in this building.

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this building.

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This is a zoning use permit for 344 North Carlisle, two family there.

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This is a zoning permit for 3448 North Carlisle.

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It's a three family dwelling here.

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I also have a, this is on the same block.

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I also have a zoning permit for 3, 4, 4, 3, North Carolina, or actually a six-family dwelling that was just recently approved, 8-11-21.

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Let's scroll down and see here.

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It was approved as a six-family dwelling.

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the now I'm going to move to our plans here is the again the picture reduce it a little bit so

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you can see it a little better there's an actual picture on all the property we don't plan to go

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outside the footprint of this property basically we're requesting that we be approved for three

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units. The ground floor of this building will be used for just utilities only. We don't

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plan to have any space in the basement for living. It's just a basement area. The second

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floor of the building is a two-bedroom, two-bathroom apartment, approximately 850 square feet. You

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You can see you can enter from the front, you have a living room, kitchen, a full bathroom.

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You walk a little further back, and you have the bedroom and a walk-in closet.

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That's the first apartment.

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The second-floor apartment is basically the same as a two-bedroom or a two-bathroom apartment.

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It's approximately 850 square feet also.

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That is a kitchen, living room, and two bathrooms.

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the third floor is just a large uh studio it's about 550 feet square feet it's a large area

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a little kitchen area and a large uh bath our commissioners uh we did meet with the uh

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civic association uh we circulated uh this fire here uh for the meeting i believe we circulated

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two, 86 individuals. And we did get a letter from the community. The letter was really a letter of

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no position. Apparently there were a number of people at the meeting, but only four from the

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block. And two were in favor, two were against, and there was one abstention. In support though

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of our application, I'd like to say this is not an overuse of the property. The renovation and

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construction is consistent with all the renovation and newer construction on the block there is

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actually a six-family dwelling and the same size of property on this block as well as other three

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family two families and as well as an apartment building and with that um i'm here to answer any

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questions that you may have about presentation would you want to have your testimony adopted

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sure mr simpson can you raise your hand please

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he's going to have to speak uh mr simpson uh are you the uh could you state your name first and

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spell for the court reporter michael simpson m-i-c-h-a-e-l-s-i-m-p-s-o-n right do you

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swear for him to tell the truth the whole truth and nothing but the truth yes proceed uh mr uh

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Simpson, have you heard the testimony that I've given the board today?

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Yes.

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Do you believe it's true and correct?

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Yes.

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And would you adopt it as your testimony if you were to testify today?

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Yes.

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And Mr. Simpson, are you the owner of Passerelle NYC, who's the owner of 3438 North Carlisle Street?

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Yes, I am.

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Thank you, Mr. Simpson.

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You're welcome.

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Questions from the board?

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No, Mr. Chairman.

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questions or questions or comments from the virtual audience

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mr charles richardson has his hand raised i've allowed him to speak

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all right mr richardson could you state your name and spell for the court reporter please

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good afternoon mr chair charles richardson from the office of councilwoman cindy bass

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room 312 city hall last name is r-i-c-h-a-r-d-s-o-n do you swear for him to tell the truth

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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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the whole truth is nothing but the truth i do proceed

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I do.

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Proceed.

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As Nicetown Tioga Community Organization has taken no position, the Councilwoman will have no opposition to granting this variance.

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Thank you very much for calling in.

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Any other comments from the virtual audience?

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I see no further hands, Mr. Chains.

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Planning Commission.

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good afternoon board this is greg waldman city planning commission staff

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the comprehensive plan recommends a zoning map change to rm1 residential multifamily use at this

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location the proposal for three units would be permitted by right in the proposed zoning district

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the city planning commission recommends that the zoning board grant the variance

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Thank you. MI-2022-000636-3438 North Carlisle Street, I vote yes.

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Thomas Hallamann, my vote is yes.

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James Snell, my vote is yes.

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Ismail Shaheed, my vote is yes.

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Thank you.

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Thank you very much, Commissioner.

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Thank you. Is there anyone in the audience still waiting for their 2 o'clock case?

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i do not see anyone mr chair let's take a break at 3 30 everyone

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good afternoon my name is bill bergman and i will be chairing this afternoon's eba hearings

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with me is israel shaheed our board secretary

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President Mr. Chair Thomas Holliman our board member President Mr. Chairman James Snell our

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board member President Mr. Chairman also here is our Executive Director Tanya Sunkett and our

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board attorney Hillary Emerson before we start

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Let me go over our virtual format.

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Be advised, these proceedings are being recorded.

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By participating, you acknowledge your agreement to be recorded.

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A video will be available by contacting TanyaSunkett at phila.gov.

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For the benefit of our court sonographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone, if you wish to testify, please press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And lastly, please note the question and answer box on the screen is not for testimony or comments.

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Any comments should be directed to our Executive Director, Tanya Sumkin.

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So let's talk about our continuances for this afternoon.

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MI 2021-005-160-4227 East Thompson Street. That case is continued.

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Number five, MI 2021-005-118-428-28 Centner Street. That case is continued. And number six,

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MI 2021-005-117, 534 South 4th Street. That case is continued. Anyone have any comments or statements

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relative to those three cases? They're all continued. I say no hands, Mr. Chair. Thank you.

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we're going to go past our, we're going to start our original, our, our list. We're going to pass

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by one yet. We're still waiting for attorney. Number two, MI 2021-005-193-2068 East Somerset

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Street. This is first listing. We have no exhibits. Any hands up? I see no hands, Mr. Chair. Okay. MI 2021-005-193-2068

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East Somerset Street. That's continued. Must be tried. Number three, MI 2021.

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Number three. MI 2021-005-120-2557 West Sterner Street. Letter of opposition from Strawberry Mansion Community Concern and RCO and a letter of opposition from Councilman Jones. Sean Ward.

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Okay, Mr. Ward has been allowed to speak, sir.

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Mr. Ward, you've already been sworn. Could you just state your name for the record?

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All right, I'm back.

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Okay, just state your name for the record.

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Sean Ward, S-H-A-W-N-W-A-R-D, Esquire, applicant's attorney.

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Okay, could you identify your client and the relationship to this particular property?

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My client is Keith Yantes, Y-A-N-T-E-S. He is the owner of the property, and I also represent the tenant, Mohamed, M-O-H-A-M-M-E-D, Moolazem, M-U-L-A-Z-E-M, Asadi, A-S-S-E-A-D-I.

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uh forgive me if i pronounced those wrong but uh he is the proposed tenant i am not sure that

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muhammad uh was able to join us today but uh mr yantes is mr holliman has a few questions for you

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good afternoon council hey do you agree to waive the reading of the refusal and stipulate to his

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accuracy yes i do did you email all of the exhibits as required such as proof of ownership tax

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clearance copy of refusal pictures of the drawings of the property five days in advance of this

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hearing did you meet with the rco and do you have a rco letter uh yes to the old above uh but to

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clarify i submitted my exhibit packet five days in advance which did not include the rco letter

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because i did not get that uh but uh that was submitted uh and i do have a copy of it today

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and the chairman's correct is in opposition and i will address that during my presentation

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thank you please proceed and share your screen thanks

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all right just to confirm my screen is shared

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anybody there yeah we're here which good okay all right good uh again mr chairman sean ward on

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behalf of the applicant owner uh keith yantes and the uh presumed tenant uh mohammed molazem

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assidi uh we call we refer to him as mo uh i think it might be easier for presentation purposes to

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refer to him as Mo. I submitted my typical exhibit packet for the property 2557 West

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Sterner Street, Philadelphia. With regard to the notice of refusal, the application is for a permit

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for a grocery store on the first floor of an existing structure with an existing previously

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approved single-family dwelling above, resulting in one refusal. A grocery store is not permitted

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in the district. Accordingly, we seek a use variance. A2 is the ZBA application of appeal.

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A3 project information form. A4 proof of ownership. A5 proof of tax clearance. A6 are photographs.

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A7 is the RCO meeting notice and certificate of mailing, which I included in the packet in the

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event that the letter did not get here in time however we do have so what i label as a 7.1 is

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the rco letter uh no longer pending it's actually here a8 if uh if submitted uh and i believe tom

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said it was um i would ask that the district council letter be marked as a8 uh i also have

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the relevant zoning history of the property dating back to 1959 until at least 2016.

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This property has been a check cashing agency and then in 2016 it became a daycare center.

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A10 is the zoning map, A11 is the aerial photograph and just some brief comments.

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It's been continuously used for commercial use since pre-1959.

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The check cashing agency we can establish was 1959 through 2016, and the most recent use as a daycare, you know, unfortunately, the COVID-19, pardon my typo there, COVID-19 pandemic resulted in the demise of that operation.

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operation with regard to the proposed use uh we're basically looking for sunday through saturday

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operation. With regard to the proposed use, we're

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8 a.m through 8 p.m uh mo uh proposes uh you know three to five employees including the owner

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you know between part and full-time employees and uh if sometimes we talk about trash uh there is a

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fenced in rear yard area where trash would be contained so without further ado in the packet

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is the notice of refusal, the application of appeal, the project information form,

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my transmittal letter to the board, copy of their deed.

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Here is the tax clearance showing taxes are paid through 2022.

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Here is a Google aerial angle view of the property. It's a corner property,

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historically been used for commercial purposes on the first floor it's at i believe the corner of 26th

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in the sterner um here is a moment yes hold on okay

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Okay. Here is an angle shot of the corner. Obviously, it's a commercial enterprise most

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recently used, again, as the center of attention, early learning center.

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Another angle view shown the zoning poster posted on the property.

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copy of the poster this is how the property has been left since the daycare vacated in

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2020 during the pandemic

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just a couple more photos of the interior and this this interior exists pretty much as of today

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because we have not proceeded with the fit out or any other things for the grocery store

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