civus
Hearing video

ZBA Hearing - July 31, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 31, 20246h 45m

Yes, I do.

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Sir, do you have an attorney now?

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Yes, I do have an attorney, but I was told that I was supposed to resubmit all the exhibits.

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Okay, all right.

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So you're going to resubmit your paperwork, right?

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that's why i was advised i was ready but i was advised that i have to ask listen to me listen

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to me listen to me and then we're going to continue the case and the next time your attorney

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will be here with you am i correct yes sir thank you very much excuse me mr mr preek what is your

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attorney's name his name is uh mr one second please frank turner okay thank you and uh my request

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my humble request i've been uh i was not told about this five days i have to resubmit everything

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uh last time also a day before the hearing i was told that i needed attorney not like in advance

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so my my request is can you please give us a quick uh continuance rather than waiting another

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two months please so we will take a look at that and figure out what what's available and how we

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can schedule that, okay? So MI 2024, 000899, 5230 Willing Greenway Avenue. This case is

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continued. Mark must be heard. Thank you, sir, for calling in. We appreciate it. And number 10.

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2024, 002-617-3230 Belgrade. This is the first listing, no exhibits.

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David Orfanides is the attorney.

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Best Choice Ventures.

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Is Mr. Orfanides on?

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I do not see Mr. Orfanides in the audience at this time, Chair.

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All right, so this is the first listing, no exhibits.

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So MI 2024, 002-617-3230, Belgrade.

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This case is continued.

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Mark must be heard.

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Chair, I do have a hand up by the name of Eric George.

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Okay. Mr. George, please unmute yourself.

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Mr. George, could you state your name, please, and spell for the stenographer?

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Mrs. Hansel up. Yes, he has been allowed to speak. Eric George, please unmute yourself.

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sir could you state your name please okay i unmuted myself my name is eric eric george

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and uh i would hold on hold on one minute you swear or affirm to tell the truth the whole truth

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nothing but the truth yes i do what case you want to talk about sir the last one that i couldn't i

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I was, I was listening like, uh, Mr.

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Parikh.

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Yes.

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He had contacted me yesterday.

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Okay.

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Okay.

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And, um, um, but I, I couldn't get, figure out how to get your attention.

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Okay.

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So you're the attorney, sir?

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Yes, I am.

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Okay.

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So that case has been continued.

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You'll be notified of the date, sir.

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Yes.

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Excuse me, Mr. Chair.

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Mr. George, he said that Frank Turner was his attorney.

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Well, he contacted me yesterday.

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He sent me materials to review, and I just took time to participate in this Zoom.

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And I just took time to participate in this Zoom hearing, so I don't know what he's talking about.

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Okay.

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Okay.

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Thank you.

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You'll have to figure it out with him.

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Thank you.

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Thank you so much, sir.

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Thank you.

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Okay.

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So, number 10, MI 2024, 002-617-3230, Belgrade.

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Cases continued.

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Mark must be heard.

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And I have several cases here that have been withdrawn.

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Number two, MI 2023-006-510-1232 East Kelowna Street.

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That case has been withdrawn.

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Number three, MI 2024-000809-2258 East Tioga Street.

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That case has been withdrawn.

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Number six, MI 2024-001-510-7929 Roanoke Street.

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That case has been withdrawn.

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And number 12, MI 2024-002-650-1706 North 2nd Street.

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That case has been withdrawn.

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We're going to go to our add-on list.

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Let's see here.

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Okay, first case is MI 2021-005-284-2086 Hain Street.

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Myself, Ishmael, and James Snell will vote on us.

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Mr. Snell will also certify that he had to listen to the case.

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My vote is yes with proviso.

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Existing auto repair use to remain.

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Ishmael Shaheed, my vote is yes with Proviso.

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James Snell, I certify that I watched a video of the December 7th, 2022 case, and I'm ready to vote on it.

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And my vote is yes with Proviso.

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Thank you.

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And number two, myself, Ishmael Shaheed and James Snell will also vote on this.

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It's MI 2024-000-148-8430, Busselton Avenue, number TA-224608.

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My vote is yes, with proviso.

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The approval is for the following uses as permitted in the CMX-2 zoning district.

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Child care, community center, educational facilities, fraternal organization, library and cultural exhibits, religious assembly, safety services, utilities and services, basic, use in the office use category, uses in the retail sales list category, financial services, maintenance and repair of community of consumers' goods, personal services, radio, television, and recording.

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and Artist Studios.

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Ishmael Fahid, my vote is yes, with Proviso.

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James Snell, my vote is yes, with Proviso.

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Okay, and number three,

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myself, Ishmael, and James Snell will be voting

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MI 2024-001-388-1623-23, Rumford Road.

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I vote yes with proviso.

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Per refusal, dated 6-18-24.

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Isha Shahib, I vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Number four is a revote by all members.

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MI 2024-002-602-31-33 North 43rd Street, my vote is yes with Proviso. Group medical,

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dental, and health practitioner use is limited to a group dental practitioner.

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Michael Johns, my vote is yes with Proviso.

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Cheryl Gaston, my vote is yes with Proviso.

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tanetta graham my vote is yes with proviso tayo and my vote is yes with proviso

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james snell my vote is yes with proviso ishmael shaheed my vote is yes with proviso thank you

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number five all will be voting on this mi 2024 002 481 700 east hunting park avenue

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my vote is yes

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My vote is yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tana Graham, my vote is yes.

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Tywin, my vote is yes.

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James Snell, my vote is yes.

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Ismail Shahid, my vote is yes.

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Number six, MI 2022-007-577-3935 Ogden. Michael Johns has recused himself from this. My vote is no.

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Cheryl Gaston, my vote is no.

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Excuse me, Mr. Chair, we do need to put a proviso on here because there is an amended refusal. So no with proviso.

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Okay. No with proviso for amended refusal dated 6-28-24.

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And my vote is no with proviso.

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Tanetta Graham, my vote is no with proviso.

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Tayoen, my vote is no with proviso.

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James Snell, my vote is no with proviso.

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Ishmael Shaheed, my vote is no with proviso.

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Thank you. We're going to go to our regular list, and we're starting with number seven, MI 2024.

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001813

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5025 North Fish Street

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Cesar

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Loya

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is the owner

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along with

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Erasmus

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Almanza

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this is a pro se

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Cesar

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Loya has been

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promoted to penalist

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okay

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good afternoon

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afternoon. Hello, good afternoon. Hi, hi. Could you please state your name and spell for the

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court stenographer? Hey, how you doing? My name is Cesar Goya Grijalva, C-E-S-A-R-L-O-Y-A-G-R-I-J-A-L-V-A.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do. Okay, so this application is for use as a vacant commercial space

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on the first floor. Use registration permit required prior to occupancy with single-family

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household living above in an existing structure. Multiple principal uses on a lot are prohibited

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in the RSA 5 zoning district. Yes. Our vice chair has a few questions for you. Okay.

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Good afternoon, sir. Have you emailed in all the required documents and exhibits that is needed to

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proceed with this case five days in advance of this hearing yes i have thank you please proceed

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and share your screen all right and sir sir i'll note that we have you have a letter of support

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from the new 42nd ward yes i do okay please proceed sir share my screen

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um by any chance do you guys can you guys see yeah we do all right

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So as you guys know, it is 45025 North 5th Street, Philadelphia, PA, 19120.

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I am the applicant, Cesar Loi Grijalva.

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I do apologize.

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I don't know why on it.

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So, yes, so before I get talking, I do apologize if I do misword things wrong.

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I am the applicant.

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I am doing everything alone.

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And if you guys can please bear with me, I do appreciate it.

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We understand that.

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so as you guys see um i did file a zoning permit for a commercial vacant uh first floor with a

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single family upstairs um the refusal was for multiple principal use prohibited in this

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residential district also commercial use prohibited in the district so before i do

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show all my exhibits i would just like to show you guys um so fifth street as you guys know

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It's nothing but commercial, all up and down from 5th and Sheltonham all the way down to 5th Street and South, even going.

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As you guys see, my property is right here with this blue square right here.

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On my side, on the corner, you guys see it's commercial, commercial in front, commercial up the block.

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I can keep going.

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I'm going to go to the other side now, just a little brief.

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so yes as you guys see it's all commercial all up and down the street from even on my side from

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where i live um also this is the property right here uh there's a phone store right next to me

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there's also a doctor on the corner on the same side as my house um there's a barbershop i can

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go across the street these are also all the other stores um i can go up the blog there's more stores

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I can go up the blog. There's more stores. And as you guys see, there's storefronts with upstairs.

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and as you guys see um

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And most of them, if you guys do look them up, they're all mixed use residential commercial storefront with either single family or multi units upstairs.

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um and as i keep going i would just like to show my exhibits the application of appeal

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um the project information form i'm sorry if i am going too fast if you guys want me to slow

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you're fine you're fine you're fine you're doing all right um so as you guys see my mom is under

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under the property with me her name is irasem agriava i got the notarized letter that i can do

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what I want with the property with her consent.

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This is the certificate of tax clearance.

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This is the deed of the property when I bought it back in 07-26-2018.

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The deed.

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The zoning permit.

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The poster.

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so that was the deed the the poster let me put this back up as you guys see this is the property

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right next to the i philly service this is the street this is the backyard so as seen on what

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i was saying um so i would like to get it commercial vacant first floor because i would

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like to rent it out to somebody who would like to use it as a store only with the consent of not

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not having no bar no food there anything that will harm any residents around me any neighbors

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um there won't be a lot of trash because as you guys see um in the past tense i will show i will

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show this is the front again um this is the inside of the property the front to the back

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and this is the back to the front. This is the notice of zoning applicants to the RCO and

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neighbors. This is the other one. I also have proof that I sent that out to 116 addresses

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all around my area. This is the support from my RCO. She was very supportive on what I wanted to

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do since I bought the property when I was young at 19 years old. I had this property, I bought it

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right before COVID. And as you guys know, COVID shut everything down for everybody for at least

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two years. So there was no opportunity for me to even get into trying to do something with the

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property. So as you guys see, I've owned the property for over five years now and has not

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been able to make no type of income. I've been paying bills and taxes on this property for as

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long as I've owned it. This is her letter of support. As I stated to her that I would not

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use the business for no alcohol beverages, no food, no grocery store, no bar, hookah lounge,

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