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.
That's, what number is that again?
Let's see here.
this is hillary that was number eight mr chair
okay mi mi 2021-005-188-2842 rue street mr mccato
mr chairman i did read him the uh questions yeah yeah but is he with you
If so, raise your hand to be promoted.
She has been promoted.
Thank you, Jason.
Mr. Mercado, you've been sworn in.
You can start your presentation.
Okay, Ms. Codillo, I ask that you please start your video and unmute and allow the applicant
to go forward with you sharing the screen and providing the board with the information
Oh, my God.
I think I have a problem.
I don't see my video.
One second.
beside your microphone just hit your video uh it is but no pictures coming up
we have a picture coming up we just need the person okay first of all okay now you can assist
by sharing your screen for all to view his exhibit package okay i'm looking for that now
can you see this exhibit package are you on your computer there's one second
okay so you're going to hit the green button at the bottom there we go
hold on one second i'm going to have to open at the same time it's not allowing me to go to where
I had it at. Okay, we see your files. So you would have to open it. I'm not seeing anything,
but are you saying you see anything? We see your file. So your own only your file is where your
files are is open i need you to click on the file that you want to open before you hit can you see
the picture yeah but dita okay can you please understand listen to what i'm saying yes close
close this out right then open up before you hit share so you want to see your pictures first
before you share them with us okay so hit the green button again okay now yes now you see okay
we see now you can scroll and the applicant please you do the presentation thank you
here. I need to get this out of here. Hold on. So, Benita, where is the gentleman? I'm here.
Okay. You can now present your case, sir. Speak to the case.
Yes, how you doing? My name is Javier Mercado, J-A-V-I-E-R-M-E-R-C-A-D-O.
2842 Roof Street. This is the application for the zoning use registration permit.
2842 Roof Street, this is the
Allow me one moment. This is the refusal that we submitted. We got refused. That's the appeal.
this is the um uh the project information form of uh of the zoning and um this is this is the flyer
that uh everybody got in the mail in in the mail um advising everybody about the zoning at the
community meeting. This here is my lease. I'm running the location. I have to scroll
down real quick. Okay, so here's an existing structure of the building. This is the
inside of the building. Still the inside of the building. This is the outside of the
building which has a sign that has been used for previous auto industry. This is the office.
this is the bathroom this is the inside of the um of the structure
this also is the existing of the um of the building this is the floor plan
of the building this is the certified mail mail that it was sent out to all the neighbors and
everything. And here is the letter of recommendation from RCO and for the support. Here is my
tax clearance for the 2842 Grove Street, and here we are going to show you the actual
building itself, which has been a CMX2 building for quite a while.
As you can see, there's pretty much no houses, nothing around.
Pretty much, it was abandoned.
It looks abandoned.
We are trying to come in and pretty much trying to better the neighborhood.
And as far as the community are willing and did support us with this new plan that we got going on.
um it's been it's been zoning for cmx too it's been prior zoning to um for automotive industry
we just pretty much trying to add another piece to the business so we will actually keep the
business open not being abandoned i know that we are in a rough neighborhood and um we are staying
strong. Staying strong, trying to open more business so we can bring Kensington back.
I don't know if you guys know about the history of Kensington. We are fighting. We are fighting
trying to improve this neighborhood. I also have multiple more business in Kensington. I also have
the support of the community. The support of the community. And pretty much we're just trying to
bring back Kensington what it was and you know I would like to see me um have this granite so
like that we won't have no no more vacant um buildings so like that we won't have no more
fire in buildings you know and like I said this structure here has been here for quite a while
and all we're doing is just pretty much just adding another piece to this to this building
which is what we apply for. Thank you.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
Chair, we have Sloan Foulkes.
Good morning, Mr. Foulkes. Just state your name. You've already been sworn.
Good morning again, Chairman Bergman, ZBA Board, Sloan Folks, Office of Councilman Marie Keanu-Sanchez.
The applicant having met with the...
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.
Thank you for calling in. Other comments from the virtual audience?
Chair, we have Harris Steinberg. Please unmute yourself and wait for the chair.
Hi, could you state your name and spell it for the court reporter?
yes my name is harris steinberg that's h-a-r-r-i-s-s-t-e-i-n-b-e-r-g
you swear a firm to tell the truth the whole truth and nothing but the truth
i do proceed um i own morris auto parts which owns a property on the kensington avenue on the
same side as the front of his property hobby's property as well as the parking lot you can see
on the picture on the far down on the left after that tan building um we've been there 100 years
this year and uh javi's been there a couple years and he's been a great addition to the neighborhood
as he said it's a rough neighborhood there are a few businesses at that end of the block where
he's at there's drug addicts and drug dealers that allow the open air inject themselves and
and people selling drugs there's people dumping trash all around this neighborhood over the past
couple of years. There's defecation. Urination is an issue. Shootings, shootouts that I've
witnessed personally. Murderous bodies being dumped on a lot that you can see on the right
side there. There's squatters in the buildings back behind his building that there was a fire
in the building not long ago that they actually had to break into my building in the middle of
the night to make sure that my building didn't get on fire. I'd say if Javi wants to do anything
in that area and in the wild, wild east, as I call it, you should be given a badge of courage.
There are repair shops needed, the times that are needed to either fix cars or whatever,
there's not enough businesses down there to support the people that actually live and work
in that area. And, you know, what's being allowed, basically, are a bunch of bodegas that open up
that actually sell drugs. That's the businesses that are, the illegitimate businesses that are
being allowed in that area so again more power to Javi if he wants to open up a shop and try to
help the neighborhood in a legitimate honest way all right thank you for your call sir any other
comments from the virtual audience yes chair we have Luis Velez good morning Mr. Velez could you
state your name and spell for the court reporter yes uh my name is Luis Velez
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
the truth the whole truth and nothing but the truth yes sir proceed okay uh i just wanted to
give my my statement but basically i've been a resident in this area for quite some time and
And for the last few years, I've seen Javier come into this area and basically make a little
bit of a difference considering of the area that it is.
And I just wanted to basically give my comment on saying that I am in agreeance to what he's
doing.
And basically, he has my full support, 100%, to anything that he wants to do there.
and I'm asking you
on my behalf if you can
approve this for him so that he can
definitely make the area
better.
Thank you. Thank you for calling in.
Any other comments from the virtual audience?
I see no more hands,
Chair. Planning Commission.
Thank you, Chair Bergman.
Ian Hegarty for the Philadelphia City Planning
Commission. The comprehensive
plan recommends a zoning map change here
from CMX2 to RSA5.
however this proposed use is consistent with both the existing structure and with prior approved
uses so the city planning commission recommends that the board grant this variance thank you
mi 2021-005-188-2842 rue street i vote yes thomas hall my vote is yes james snell my vote is yes
Ishmael Shaheem, I want to share.
Thank you.
MI 2021-005-189-935 Ellsworth Street.
Letter of non-opposition, Pashon Square.
Tara Kayo is the attorney.
Ms. Cale has been promoted to panelists, sir.
it'll take a while for that i joined we're fine
It'll take a while for that I joined.
good morning everyone thank you panel and chair could you state your name and spell for the court
reporter please uh my name is tara ko t-a-r-a last name is k-a-o right do you swear firm to
tell the truth the whole truth and nothing but the truth yes i do could you identify your client
the relationship to the property? My client is Chai Tang, the owner of the property.
Okay, thank you. Mr. Holloman has a few questions. Good morning, Counselor. Do you agree
to waive the reading of the refusal and stipulate to its accuracy? Yes, I do. Did you email all of
the exhibits as required, such as proof of ownership, tax clearance, copy of refusal or
referral, picture of drawings of the property. Five days in advance of this hearing, did
you meet with the RCO? Do you have an RCO letter?
Yes. Yes, I do.
Thank you. Please proceed and share your screen.
um okay so uh this this property is uh classified as cmx two um we the existing building is three
stories with one residential apartment unit on the second floor and and third floor and uh the first
floor is commercial space. And we are requesting to eliminate the first space commercial space
and to change basically into a two-dwelling, two-family dwelling structure.
The change of use to two-family dwelling was refused because of two reasons. One is that
um although uh the use of two-family dwelling is permitted as a matter of right in cmx2 um
the cmx2 requires use other than residential on the ground level so um but the purpose of that
rule is to promote active uses but unfortunately at this time and for actually about uh for a while
it has been vacant and and um back in 2002 there was a restaurant but that closed down at that time
and since been vacant and uses storage so we're requesting a change of use um so that way we can
use the property and um and fill it let me show you um some pictures of the property
so this is the front of the building and um actually in this area and in the neighborhood
is mostly residential um there's not that much for traffic uh for these for any kind of business
to really uh be viable there um as you can see directly across street is residential um at some
point there there was a parking lot for like uh restaurant patrons to park but that has since
changed into a senior housing um which is this building orange building in that i'm showing right
now um so actually the change of views to residential will be more consistent with
the the neighboring uh the neighboring properties
and uh i also can present uh the documents we submitted already to zomi
um that i have we had filed an appeal um i have the deed showing that my um the applicant is the
owner. And, and another. So I think that this would be the
least change to the rules, it'll be consistent with the rules.
And another thing I didn't mention is another reason for the
refusal was that the lot size area was required to be 960
square feet but we're only at 828 but um as you can see from the pictures that i showed earlier
the uh the building is land basically locked on both sides and um we cannot be we're not able to
change the lot uh uh the lot area to 960. uh therefore we're asking for a variance on the
the the use of a residential on the ground floor of commercial on the ground floor
and um my my client mr tongue should be on the line um and i can have him confirm what i had
already presented okay could you state your name and spell for a court reporter
hello can you hear me yes i can could you state your name yes uh spelled for the court reporter
Can you hear me? Yes, I can. Could you state your name? Yes.
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.
Here we go.
Right. Do you swear or affirm to tell the truth, the whole truth and nothing about the truth?
I do. Proceed. Yes.
Oh, I was just going to ask you, do you confirm everything I had said earlier and take that as your testimony?
And, you know, if you could take this opportunity, add anything if you would like.
There's a lot of multifamily on the street.
Actually, most house on the street is like residential and majority of them is like,
at least half of them is like multifamily already.
and there's very limited like commercial activity on the street it was a very small street that's
why and that's all i have to say thank you questions from the board no mr chairman no mr chairman
questions or comments from the virtual audience
i see no further hands mr chair planning commission thank you chairman bergman
ian hegarty for the philadelphia city planning commission the comprehensive plan uh recommends
a zoning map change here from cmx2 to rsa5 we agree that the ground floor commercial requirement
is not consistent with uses on this block face which is why we made that recommendation
and given the configuration of the existing building with two separate units uh the proposed
two family use is appropriate we recommend that the board grant the variance thank you mi 2021
one zero zero five one eight nine nine three five Ellsworth Street I vote yes Thomas Hallowman
my vote is yes James Snell my vote is yes
you have your three votes thank you very much thank you for your time right is there anyone