civus
Hearing video

ZBA Hearing - April 27, 2022

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

Okay. So, Chair, this is Tanya. It appears as though the applicant for the previous case we put on hold is available and ready under Baditsa Kodilu, as you wish, sir.

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That's, what number is that again?

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Let's see here.

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this is hillary that was number eight mr chair

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okay mi mi 2021-005-188-2842 rue street mr mccato

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mr chairman i did read him the uh questions yeah yeah but is he with you

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If so, raise your hand to be promoted.

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She has been promoted.

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Thank you, Jason.

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Mr. Mercado, you've been sworn in.

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You can start your presentation.

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Okay, Ms. Codillo, I ask that you please start your video and unmute and allow the applicant

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to go forward with you sharing the screen and providing the board with the information

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only.

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Oh, my God.

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I think I have a problem.

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I don't see my video.

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One second.

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beside your microphone just hit your video uh it is but no pictures coming up

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we have a picture coming up we just need the person okay first of all okay now you can assist

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by sharing your screen for all to view his exhibit package okay i'm looking for that now

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can you see this exhibit package are you on your computer there's one second

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okay so you're going to hit the green button at the bottom there we go

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hold on one second i'm going to have to open at the same time it's not allowing me to go to where

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I had it at. Okay, we see your files. So you would have to open it. I'm not seeing anything,

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but are you saying you see anything? We see your file. So your own only your file is where your

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files are is open i need you to click on the file that you want to open before you hit can you see

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the picture yeah but dita okay can you please understand listen to what i'm saying yes close

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close this out right then open up before you hit share so you want to see your pictures first

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before you share them with us okay so hit the green button again okay now yes now you see okay

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we see now you can scroll and the applicant please you do the presentation thank you

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here. I need to get this out of here. Hold on. So, Benita, where is the gentleman? I'm here.

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Okay. You can now present your case, sir. Speak to the case.

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Yes, how you doing? My name is Javier Mercado, J-A-V-I-E-R-M-E-R-C-A-D-O.

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2842 Roof Street. This is the application for the zoning use registration permit.

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2842 Roof Street, this is the

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Allow me one moment. This is the refusal that we submitted. We got refused. That's the appeal.

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this is the um uh the project information form of uh of the zoning and um this is this is the flyer

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that uh everybody got in the mail in in the mail um advising everybody about the zoning at the

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community meeting. This here is my lease. I'm running the location. I have to scroll

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down real quick. Okay, so here's an existing structure of the building. This is the

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inside of the building. Still the inside of the building. This is the outside of the

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building which has a sign that has been used for previous auto industry. This is the office.

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this is the bathroom this is the inside of the um of the structure

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this also is the existing of the um of the building this is the floor plan

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of the building this is the certified mail mail that it was sent out to all the neighbors and

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everything. And here is the letter of recommendation from RCO and for the support. Here is my

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tax clearance for the 2842 Grove Street, and here we are going to show you the actual

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building itself, which has been a CMX2 building for quite a while.

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As you can see, there's pretty much no houses, nothing around.

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Pretty much, it was abandoned.

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It looks abandoned.

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We are trying to come in and pretty much trying to better the neighborhood.

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And as far as the community are willing and did support us with this new plan that we got going on.

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um it's been it's been zoning for cmx too it's been prior zoning to um for automotive industry

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we just pretty much trying to add another piece to the business so we will actually keep the

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business open not being abandoned i know that we are in a rough neighborhood and um we are staying

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strong. Staying strong, trying to open more business so we can bring Kensington back.

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I don't know if you guys know about the history of Kensington. We are fighting. We are fighting

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trying to improve this neighborhood. I also have multiple more business in Kensington. I also have

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the support of the community. The support of the community. And pretty much we're just trying to

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bring back Kensington what it was and you know I would like to see me um have this granite so

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like that we won't have no no more vacant um buildings so like that we won't have no more

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fire in buildings you know and like I said this structure here has been here for quite a while

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and all we're doing is just pretty much just adding another piece to this to this building

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which is what we apply for. Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, we have Sloan Foulkes.

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Good morning, Mr. Foulkes. Just state your name. You've already been sworn.

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Good morning again, Chairman Bergman, ZBA Board, Sloan Folks, Office of Councilman Marie Keanu-Sanchez.

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The applicant having met with the...

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The applicant having met with the coordinating RCOA of the community and having received a letter of support, the Councilwoman has no opposition to this variance request. Thank you.

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Thank you for calling in. Other comments from the virtual audience?

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Chair, we have Harris Steinberg. Please unmute yourself and wait for the chair.

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Hi, could you state your name and spell it for the court reporter?

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yes my name is harris steinberg that's h-a-r-r-i-s-s-t-e-i-n-b-e-r-g

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

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i do proceed um i own morris auto parts which owns a property on the kensington avenue on the

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same side as the front of his property hobby's property as well as the parking lot you can see

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on the picture on the far down on the left after that tan building um we've been there 100 years

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this year and uh javi's been there a couple years and he's been a great addition to the neighborhood

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as he said it's a rough neighborhood there are a few businesses at that end of the block where

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he's at there's drug addicts and drug dealers that allow the open air inject themselves and

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and people selling drugs there's people dumping trash all around this neighborhood over the past

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couple of years. There's defecation. Urination is an issue. Shootings, shootouts that I've

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witnessed personally. Murderous bodies being dumped on a lot that you can see on the right

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side there. There's squatters in the buildings back behind his building that there was a fire

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in the building not long ago that they actually had to break into my building in the middle of

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the night to make sure that my building didn't get on fire. I'd say if Javi wants to do anything

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in that area and in the wild, wild east, as I call it, you should be given a badge of courage.

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There are repair shops needed, the times that are needed to either fix cars or whatever,

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there's not enough businesses down there to support the people that actually live and work

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in that area. And, you know, what's being allowed, basically, are a bunch of bodegas that open up

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that actually sell drugs. That's the businesses that are, the illegitimate businesses that are

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being allowed in that area so again more power to Javi if he wants to open up a shop and try to

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help the neighborhood in a legitimate honest way all right thank you for your call sir any other

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comments from the virtual audience yes chair we have Luis Velez good morning Mr. Velez could you

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state your name and spell for the court reporter yes uh my name is Luis Velez

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could you spell it please uh it's l-u-i-s and v-e-l-e-z right do you swear a firm to tell

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the truth the whole truth and nothing but the truth yes sir proceed okay uh i just wanted to

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give my my statement but basically i've been a resident in this area for quite some time and

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And for the last few years, I've seen Javier come into this area and basically make a little

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bit of a difference considering of the area that it is.

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And I just wanted to basically give my comment on saying that I am in agreeance to what he's

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doing.

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And basically, he has my full support, 100%, to anything that he wants to do there.

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and I'm asking you

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on my behalf if you can

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approve this for him so that he can

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definitely make the area

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better.

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Thank you. Thank you for calling in.

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Any other comments from the virtual audience?

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I see no more hands,

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Chair. Planning Commission.

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Thank you, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning

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Commission. The comprehensive

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plan recommends a zoning map change here

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from CMX2 to RSA5.

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however this proposed use is consistent with both the existing structure and with prior approved

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uses so the city planning commission recommends that the board grant this variance thank you

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mi 2021-005-188-2842 rue street i vote yes thomas hall my vote is yes james snell my vote is yes

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Ishmael Shaheem, I want to share.

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Thank you.

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MI 2021-005-189-935 Ellsworth Street.

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Letter of non-opposition, Pashon Square.

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Tara Kayo is the attorney.

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Ms. Cale has been promoted to panelists, sir.

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it'll take a while for that i joined we're fine

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It'll take a while for that I joined.

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good morning everyone thank you panel and chair could you state your name and spell for the court

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reporter please uh my name is tara ko t-a-r-a last name is k-a-o right do you swear firm to

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tell the truth the whole truth and nothing but the truth yes i do could you identify your client

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the relationship to the property? My client is Chai Tang, the owner of the property.

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Okay, thank you. Mr. Holloman has a few questions. Good morning, Counselor. Do you agree

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to waive the reading of the refusal and stipulate to its accuracy? Yes, I do. Did you email all of

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the exhibits as required, such as proof of ownership, tax clearance, copy of refusal or

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referral, picture of drawings of the property. Five days in advance of this hearing, did

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you meet with the RCO? Do you have an RCO letter?

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Yes. Yes, I do.

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Thank you. Please proceed and share your screen.

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um okay so uh this this property is uh classified as cmx two um we the existing building is three

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stories with one residential apartment unit on the second floor and and third floor and uh the first

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floor is commercial space. And we are requesting to eliminate the first space commercial space

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and to change basically into a two-dwelling, two-family dwelling structure.

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The change of use to two-family dwelling was refused because of two reasons. One is that

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um although uh the use of two-family dwelling is permitted as a matter of right in cmx2 um

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the cmx2 requires use other than residential on the ground level so um but the purpose of that

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rule is to promote active uses but unfortunately at this time and for actually about uh for a while

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it has been vacant and and um back in 2002 there was a restaurant but that closed down at that time

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and since been vacant and uses storage so we're requesting a change of use um so that way we can

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use the property and um and fill it let me show you um some pictures of the property

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so this is the front of the building and um actually in this area and in the neighborhood

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is mostly residential um there's not that much for traffic uh for these for any kind of business

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to really uh be viable there um as you can see directly across street is residential um at some

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point there there was a parking lot for like uh restaurant patrons to park but that has since

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changed into a senior housing um which is this building orange building in that i'm showing right

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now um so actually the change of views to residential will be more consistent with

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the the neighboring uh the neighboring properties

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and uh i also can present uh the documents we submitted already to zomi

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um that i have we had filed an appeal um i have the deed showing that my um the applicant is the

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owner. And, and another. So I think that this would be the

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least change to the rules, it'll be consistent with the rules.

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And another thing I didn't mention is another reason for the

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refusal was that the lot size area was required to be 960

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square feet but we're only at 828 but um as you can see from the pictures that i showed earlier

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the uh the building is land basically locked on both sides and um we cannot be we're not able to

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change the lot uh uh the lot area to 960. uh therefore we're asking for a variance on the

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the the use of a residential on the ground floor of commercial on the ground floor

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and um my my client mr tongue should be on the line um and i can have him confirm what i had

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already presented okay could you state your name and spell for a court reporter

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hello can you hear me yes i can could you state your name yes uh spelled for the court reporter

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Can you hear me? Yes, I can. Could you state your name? Yes.

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Spelled for the court reporter. Yes. My name is Chai Tiu-Tung, C-H-A-I-T-I-U-T-U-N-G is the last name.

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Here we go.

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Right. Do you swear or affirm to tell the truth, the whole truth and nothing about the truth?

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I do. Proceed. Yes.

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Oh, I was just going to ask you, do you confirm everything I had said earlier and take that as your testimony?

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Yes.

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And, you know, if you could take this opportunity, add anything if you would like.

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Yeah.

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There's a lot of multifamily on the street.

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Actually, most house on the street is like residential and majority of them is like,

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at least half of them is like multifamily already.

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and there's very limited like commercial activity on the street it was a very small street that's

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why and that's all i have to say thank you questions from the board no mr chairman no mr chairman

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questions or comments from the virtual audience

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i see no further hands mr chair planning commission thank you chairman bergman

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ian hegarty for the philadelphia city planning commission the comprehensive plan uh recommends

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a zoning map change here from cmx2 to rsa5 we agree that the ground floor commercial requirement

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is not consistent with uses on this block face which is why we made that recommendation

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and given the configuration of the existing building with two separate units uh the proposed

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two family use is appropriate we recommend that the board grant the variance thank you mi 2021

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one zero zero five one eight nine nine three five Ellsworth Street I vote yes Thomas Hallowman

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my vote is yes James Snell my vote is yes

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you have your three votes thank you very much thank you for your time right is there anyone

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