civus
Hearing video

ZBA Hearing - July 21, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 21, 20203h 54m

can we do that again have capacity or Eli Claire on the line I'm sorry could you say what the

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witnesses names are Jim Cassidy or Eli Claire could they raise their hands

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Jim Cassidy is participating by phone Tanya the last three digits of his number are nine three six

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zero hello there's Jim Cassidy hello mr. Cassidy do you swear to tell the whole

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truth and nothing but the truth. I do. Please proceed. I asked the question the size of the

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units, the six apartments. Are they all the same or are they different sizes? We don't have a plan

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in front of it, so that's the choice. Sure, sure. Yeah, they are different. They range, these are

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the six units in the back there's uh two per floor and three stories and they range from 550 square

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feet to 750 square feet so is it safe to say that the 500 square feet are basically kind of like um

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studio apartments they're actually one one bedrooms one bedrooms yep 500 square feet

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yeah 500 square feet mr. chairman I do have a plan in front of me if I can

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Mr. Chairman, I do have...

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share my screen yeah that would be helpful if you do that would be helpful

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Tanya, I'm happy to do that. I just believe I need to be asked to do that by the administrator

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for this year. I'm sorry, Stephanie, I didn't hear you.

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We don't have, as a participant on our end, I don't think I have the option to elect to

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share my screen on my own, but if invited to do so, I am prepared to do that.

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Let me see, promote you to panelists, okay, I'm not sure how you got out, so you should

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be able to now let's try

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Jim I have the conceptual floor plans in front of the board okay

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Yeah, I just suggest you go through the floor plan, Jim. Just explain the units. Not the single family, because that's self-evident, but the question from the chair is, can you just talk to us about the size and the layout of the units?

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Yeah, that's fine. It's going to be a little, since I don't have that on my screen, it's because I'm calling in, but I do have my plans open, so I can do that as best I can here.

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Let's just start on the first floor, and we'll start on the Percy Street side.

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There is a garage with two cars, and next to that is a bi-level one-bedroom unit,

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and that was provided to provide life and activity on Percy Street.

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That was a change.

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So you have living and kitchen on the first floor, and then walking up a flight of stairs,

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you have a bedroom and bathroom and then opposite that on the first floor because there's a courtyard

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in between 9th street and Percy street one unit the front unit of the rear actually opens up

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onto the courtyard that's also a one-bedroom unit it's I think it's like 560 square feet

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has its, you know, one bathroom, one bedroom, open kitchen and living.

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On the second floor, the courtyard unit is roughly the same size.

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It's a little bit bigger, but the similar layout.

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It's a one bedroom.

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On the Percy Street side, you have the second floor of the first floor Percy Street unit.

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And then you have another one-bedroom unit in the back.

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That's also right around 550 square feet.

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And then on the third floor, on the Percy Street side,

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you have a two-bedroom unit that's around 750 square feet.

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And then on the courtyard side, you have another one-bedroom unit.

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Are these typical of the apartments in the area?

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Yeah, I mean, I think if you're talking about apartments in the area and that, you know, we're seeing throughout the city, if they're laid out properly, those sizes are not uncommon and normal.

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Any questions from the board, Tom?

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no frank okay all right um so open this up i believe it's appropriate time to open up for

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the participants uh tanya will call them up

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and i'll advise everyone we're going to have maximum of three minutes of testimony

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Angelique DiPolito you are able to speak good afternoon mr. chairman and the

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Mr. Chairman and the remaining members of the board. My name is Angelique DiPolito. I am with my husband, a property owner adjacent to this property. My address is 1326 South 9th Street.

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remaining members of the board my name is Angelique DiPolito I am

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Did you want to

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Angelique, excuse me, spell your name for the record and do you swear or affirm to tell the truth, the whole truth and nothing but the truth.

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Right. Angelique, A-N-G-E-L-I-Q-U-E. Last name is Dippolito, D-apostrophe, capital I-P-P-O-L-I-T-O. And yes, I do.

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Thank you. Please proceed.

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As Suzanne mentioned, we had been looking at these plans with Mr. Clare for many months.

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And when we got these plans in January 2nd or thereafter, it reflected to us that it was very mildly different than the original plans that they had continued to try to push.

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Essentially, my position is that they did not appropriately address the concerns of the Planning Commission as it related to density.

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they essentially if you take all of the proposed units in total they essentially reduced the units

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by one one bedroom and roughly 480 square feet furthermore they reduced the amount of parking

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so they they increased the variance necessary for parking and or the the requirements necessary for

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parking and they they moderately addressed the density um and to my point in my opinion

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did not appropriately address the the level of density for the property which is the the main

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concern here for this use um you know we have a lot of apartments going up down the street on the

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corner of um 9th and wharton and so our density levels are already overburdened and this in my

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opinion that's break the ongoing concerns and i also want to just indicate that the you know the

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concerns and i testified about this back during the last hearing which is you know the the problems

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on percy street are greatly overstated in my opinion that is my testimony thank you thank you

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much next witness I don't see any more hands anybody wish to see a lot of on

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the chat icon I see six Q&A I see three I don't have on my computer where the

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icon chat has six does that include us or is that others no that's not for

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raising a hand. Okay. No one else to testify. Let me just check with this person.

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John, are you here for this case or another one? I'm here for 1328. I'm sorry.

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I'm having a little trouble getting set up.

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John, good morning.

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Please spell your name.

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No.

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I'm sorry.

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Not for this one.

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So that's all the hands I have up.

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No, John.

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I'm here for 13th, 28th, South 9th.

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He is here.

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John DiGiulio.

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He's here for this.

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All righty.

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Yeah.

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John?

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John?

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yeah sorry to interrupt you tony but i remember him from last week

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okay i'm here john please identify yourself for the record spell your name for the stenographer

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

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john di giulio d-i-g-i-u-l-i-o 1323 south ninth and yes i do thank you please proceed

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Well, I agree with all the comments that Angel discussed.

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We have the very same issues that we had from the beginning of the year, the end of the year,

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the density issue, the reference to Percy Street that it's a derelict street.

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It certainly needs attention, but it's not the issue that it was previous.

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There is a little bit more activity there.

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I'm back there often.

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There's another neighbor that's back there often, and we just don't see the issue for

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The issue for Percy Street is a safety and security issue as expanded by the applicant.

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Percy Street as a safety and security issue.

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But the overall density and the unwillingness to basically address the issue of density as an overall project is just a horrible situation.

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For us as a neighborhood, for us as an area that doesn't need any more density, we do have that project at 9th and Wharton that was, you know, not accepted by us very willingly.

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You know, I mean, there were so-called concessions made by the builder, but that was a non-existent situation.

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But to reflect back on 1328, there's just there's just no room for another eight apartments or seven apartments within the number of bedrooms.

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And I just I don't even see how we got this far again.

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I mean, I really thought this issue was done.

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But they made no real good faith effort to address the issue.

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and I'm very disappointed that it got that it got this far to begin with but that that's a

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matter I guess for another day I don't know thank you thank you thank you John anyone else wish to

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testify on this matter please raise your hand. I did have two other people with

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me I'm sorry Mr. DiCicco I did John Gentile and Anthony was on the 1300

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South 9th. They were here they had to leave okay but they're not going to

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speak but they are and they were here both of them were here last week on the

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call okay thank you no more hands okay thank you um questions from the board

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no uh you can take down that diagram but whoever was sharing that with us

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uh planning commission yes uh good morning this is ron bednar

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this property is indicated right ron you're breaking up i'm sorry

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try that again is it okay now

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hello yes it's okay now ron yes um okay

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Let me go back to my page here. Okay. This property is indicated for a single family

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residential use on the city plan. We believe the applicant has not demonstrated necessary

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hardship regarding the requirements of the code. The revised plan remains an overuse density

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inappropriate for this location, not consistent with our adopted plan, nor enacted parking control

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standards of the district we recommend the request for variance not be granted the planning commission

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have any recommendation on the number of units not not not the 1328 uh 9th street piece the

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rare unit where the apartments would be uh we will not make a recommendation on uh in

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appropriate amount of use uh you know okay units at this point because i believe it

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just needs to be redesigned okay anyone else all right hold on please I get my

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calendar number up again I'm sorry but someone read it give me that calendar

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number I calendar number three seven nine four eight thirteen twenty eight

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South 9th Street. Okay, thank you. Calendar number 37948, 1328 South 9th Street. My vote is yes with

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proviso. 1328 South 9th will be converted maximum of one unit, a single family, four apartments

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on the other portion of the site. I don't know how else to explain it because we don't have an

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address i don't think for percy street so the percy street uh building or buildings will have

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a maximum of four units my vote is yes with proviso

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my vote is yes with proviso yes with proviso yes with proviso

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good luck thank you uh before you before we have tanya

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and i know i may have messed that up a little bit again i had the calendar it reads you know

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for 1328 but obviously it's more than that so i'm not sure for the record i want to be clear that

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1328 South Nights

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will be a single family

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and then the rear

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portion will be a maximum

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of four units.

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Okay, Chair.

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We'll have that documented on a proviso.

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Okay. I just want to make sure

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we're all clear. Thank you.

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I understand that

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Toursdale Street...

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Thank you, Mr. Chairman.

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Thank you all for participating.

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You can give me one minute to let these people out.

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Okay.

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Carol?

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Yes.

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Carol, do you have the list we had, I read off earlier for continuances.

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I've been informed that Torresdale Avenue, we're going to hear that case.

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It was a mistake.

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It was not being continued.

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So if you could, please call that up.

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calendar number 382627447 Tarsdale Avenue and I'll be waiting for Mr. Jin yes good morning

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good morning do you agree to waive the reading of the refusal and stipulate to its accuracy

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I'll agree to a

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I'm sorry we had to promote them to panelists if you can give me a second

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I'm sorry I just cut out I think

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Zin Jin, you're now promoted to a panelist, so if you need to share your screen, you can go ahead.

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And I think that you did wave and step, and I think the chairman has to swear you in.

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Good morning.

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Good morning, Mr. Jin.

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

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I do.

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I do, and again, please identify yourself for the record and spell your name, please.

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Xen Jin, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103, here on behalf of the applicant.

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I believe the applicant is here on Zoom. His last four digits of his number is 3321.

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This application is for an expansion of an existing use in the sense that this property is actually a beer takeout business.

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However, the licensing that came with the property is actually formerly belonging to a bar.

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And as a result, the Liquor License Board is requiring that the premises offer a certain amount of eating and food in order to qualify and continue to qualify for the license.

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That is why this takeout food portion of the application is now before the board.

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It is mostly to meet the Liquor License Board requirements.

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Now, this property is actually zoned CMX1, which normally do not permit restaurant use.

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We actually met with the neighbors and the community.

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This business has actually been here for quite a while.

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It used to be at one point a bar restaurant, which was a problem business.

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But my client, who is operating it now, has been running it for quite a few years.

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And generally speaking, has been fine.

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the community has not had extreme feedback about anything he's doing. The one concern they have is

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that they want him to make sure that if he offers to do food that he would actually do it. As the

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letter from the community which we saw shows that they had a kind of a divided vote, 50-50 vote on

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this so the provisals that were indicated are three items mainly that they would like him to

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join the safe camp which we agreed to and we will make arrangements to do so with the police

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department but in addition the access to the second floor on the plans the original access

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will require people to come through a door in the entrance and then come through two more doors to

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get to the second floor we're going to restructure that to allow people to have

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direct access going in from the entrance but not from outside through a

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separate entrance which were was discussed but that's not the plan could

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you share any of those plans because obviously we don't have them I'm sorry

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I'm sorry you don't have that I can try to information it would be helpful we

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you don't have that I can try to information

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can see the plan absolutely

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