civus
Hearing video

ZBA Hearing - May 26, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 26, 20215h 28m

use and density. The Planning Commission recommends that the Zoning Board grant the variance.

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um

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mi 2021-001007 2333 east york street my vote is yes with the following proviso hours of operation

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for the restaurant will be tuesday through sunday 9 a.m to 10 p.m trash to be stored in the rear of

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the building and commercially a commercial trash pickup trash to be stored in the rear of the

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building my vote is just with proviso yes with proviso yes with proviso yes with proviso thank

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Thank you.

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Mr.

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You got the next one, Carol?

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Yes, calendar number 1009, 3023 North 5th Street.

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Mr.

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Nockamson.

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A letter of support.

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And Chair, I spoke with Ms. Broadus.

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She is ready when you are able to call them.

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After this case, we'll go back to her.

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After this case, we'll go back to her

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Chair, Clementa Amazon has been promoted to panelists.

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Hi, can you put your name and address on the record and spell your last name, please?

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Good afternoon, Chair and members of the board.

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My name is Clementa Amazon, C-L-E-M-E-N-T-A.

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Last name is A-M-A-Z-A-N.

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123 South Broad Street, Suite 1600.

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Excuse me for interrupting. Is the court reporter able to hear Ms. Amazon?

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So far, yes, I can, Chair.

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Okay, thank you.

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Good. Do you swear or affirm to tell the whole truth and nothing but the truth?

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Yes, I do.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal,

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photos under plans of the property five days in advance of this hearing,

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and have you met with the RCO

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and do you have a letter?

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Okay, you may proceed.

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Perfect, may I share my screen?

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Yes, you may.

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Thank you.

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Can everyone see my screen?

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Yes.

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Perfect.

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So again, my name is Clemente Amazon.

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on, I will be presenting 3023 North 5th Street. This is a very straightforward project. It is

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a single-family home. We are looking to create a duplex. We do have a letter of support from

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the community. We also did community reach out on our own accord, and we have a significant

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petition showing support for this project. So during my presentation, I will go through the

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deed, tax clearance, the refusal, application for appeal, maps of the area, photographs of the

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property, plans and drawings. And as I mentioned, we do have a letter of support as well as a

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petition. So the deed for the property showing that my client has his throuvels owns the property.

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Tax clearance and then the refusal. So the property is zoned as CMX 2.5 and we are looking to

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have multifamily use here for two units. Our application for appeal. Project information form.

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A map of the area. Another map just showing that we're along 5th Street and between West Clearfield

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and West Indiana. Here's a view of the front of the property, a view of the rear of the property

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from North Orkney Street, a view to the right of the property, a view to the left of the property.

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As you can see, although this block is known as CMX 2.5, there is significant residential use.

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north orkney to the right of the property north orkney to the left of the property

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our plans and drawings so as i mentioned this is just going to be a duplex we did meet with

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the community on april 14th we did receive support for this project and we did do feed

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community outreach and we have a significant petition as you can see here so neighbors are

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in favor of this project the notice that we sent out for a community meeting

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listing the properties that were notified of the community meeting and our certificate of

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mailing showing that we did send that out so with that if i could have my client jesus ramos

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or melissa ramos without my testimony

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what is his name again

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it's either melissa ramos or jesus ramos

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chair we have a jesus ramos with his hand up okay uh mr ramos please identify yourself spell

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your first and last name jesus ramos uh j-e-s-u-s ramos r-a-m-o-s you swear or affirm to tell the

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truth the whole truth and nothing but the truth i do thank you miss amazon jesus did you hear my

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testimony today? Yes. And was it accurate? Yes. And would you adopt it as your own testimony?

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Yes. Thank you. Thank you. Any questions from the board? No.

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Anyone else would like to testify in this case? If so, please raise your hand.

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There, we have Sloan Folks with his hand up. Mr. Folks, you can unmute yourself and speak now.

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Good afternoon, Mr. Folks.

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Good afternoon, Chairman DeChico and the ZBA Board.

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My name is Sloan Folks, S-L-O-A-N-E-F as in fire, O-L-K-S,

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the Office of Councilwoman Maria Quinonez Sanchez, room 508 City Hall.

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city hall you swear our firm to tell the truth the whole truth nothing but the truth

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

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i do sir thank you thank you please proceed uh the applicant having met with the uh coordinating

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I do, sir.

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rco and receiving a letter of support and receiving support through a petition the

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councilman offers her support for this fairness request thank you thank you anyone else to testify

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there are no hands at the side chair thank you planning commission

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good afternoon this is Greg Weldon planning commission staff this location was part of a

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zoning remapping in 2017 supported by the comprehensive plan to upzone this portion

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of the block to a more dense commercial mixed-use zoning district the goal of the zone of the

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rezoning as indicated in the north district plan was to make north 5th street a more

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continuous commercial corridor which is unfortunately not materialized therefore the

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proposed variance would not alter the essential character of the corridor which has a mix of

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buildings with ground floor commercial and ones that are fully residential the city planning

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commission recommends that the zoning board grant this variance thank you mi 2021 that's 001

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zero zero nine three oh two three north fifth street my vote is yes my vote is yes my vote

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is yes my vote is yes my vote is yes okay are we ready with shampoo street thank you thank you thank

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Thank you.

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Calendar number 0340, 1530 West Champlows Avenue.

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That's Andrew and Andrea Walker.

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Ms. Broadus, you can unmute yourself and speak.

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Can you hear me?

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Yes, we need to get your full name, spell your full name, and we'll swear you away.

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Sandra Broadus. B-R-O-A-D-U-S. Sandra is spelled S-A-N-D-R-A.

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

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I do.

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Thank you. Please proceed. This is a rehearing at your request.

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Yes, and I'd first like to thank you for granting this reconsideration and also for tolerating the fact that I am totally technology challenged.

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And I guess my secret is out. I have untreated cataracts, so I cannot read the screen and Zoom at the same time, which is a part of the problem of me getting on.

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And so in spite of all the eloquent paperwork that I've sent you, I'm going to have to kind of wing this presentation.

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I hope you'll indulge me because I can't read the screen or I will lose you.

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And I know nobody wants that.

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But I'd like to say that on behalf of the neighbors in the West Oak Lane community who are aging in place, many who got here in the late 50s and early 60s,

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the children of which are here as baby boomers taking care of them, we see Champlau Street as one of those blocks that needs to be protected.

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The neighbors, some of them say they've been there for 50 years.

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We've given you a list of the neighbors who oppose this variance, and they all are seniors who will absolutely be compromised by a restaurant on a residential block that cannot accommodate it.

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The property sits on a hill and it's between a place of worship and a home for special needs residents for whom I understand actually are allowed out sometimes and are absolutely in harm's way in the general public.

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um across the street if it's springtime you see manicured laws and people caring for their homes

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but you also see seniors on walkers trying to get to their cars and and make their way around

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the block that has a two-way bus uh transportation a three-way intersection at the corner very narrow

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no parking. This variance requires parking. There is none. This is going to bring the public to this

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block. It will be a burden to the neighbors. The place of worship for 30 years has served food

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to the neighbors in the community. There's a lot of that going on now because of COVID,

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but this establishment has been serving the community long before that. They do it twice a

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They do it twice a week.

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week our neighbors avail themselves of that they will not

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Our neighbors avail themselves of that.

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They will not be able to function if, in fact, there are restaurant patrons pulling up on the sidewalk and basically flooding the block with traffic and parking issues that it cannot accommodate.

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There is no where that anyone can see that a commercial dumpster can be accommodated.

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Because of the location of the property on a hill, at best, it will be out front, which is totally unacceptable.

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It needs to, but we don't even see how it would fit.

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Commercial trash pickup was required and stated at the last hearing, what was suggested that they were going to have it at the last hearing, but we don't see that that's possible unless some major modifications are done to accommodate the trash.

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the building is a short building next to it is the apartment building and the neighbors behind

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them on widener place say that they get exhaust blowing into their back windows from the taller

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building so we can only imagine what's going to happen to the neighbors on widener place

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in the block behind this property

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if in fact

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they are cooking

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takeout

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with no way to actually

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prevent that exhaust

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from going into

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the neighbor's

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back

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into the neighbor's

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back windows

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if you just

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see

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Neighbors asked me to ask you, and I'm just going to do it. They want to know, why is it that one

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unpermitted use would be given so much consideration at the expense of so many?

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And we're talking about the residents, we're talking about the church, we're talking about

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the impacted community. We ask, we know that COVID brings the possibility of outdoor dining,

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possibly people having to line up outside for curbside service. This is inappropriate on a

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residential block and the neighbors are, a residential block should not have to accommodate

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that. This property is one block from an entire commercial corridor on Old York Road where it

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would be more suited and possible. This property is two blocks from the Broad Street corridor

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where there are not only many vacant properties that would accommodate the use better, but

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you know, they have many eateries already. So there is absolutely no actual need for this

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restaurant, except that the applicant wants to cook there. But the neighbors characterize this

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as unfair and they also characterize it as selfish. We are not unclear that this variance

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was granted with no provisos, no exceptions whatsoever. We have lots of crime stories

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to tell you, and I'm cautioned that crime is not zonable, so I won't go there, but let's say that

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the neighborhood is challenged with activity that would not be good if the restaurant lures that

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activity to these residential homes and jeopardizes these neighbors, and it will. There is no mistake

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about that. We hope that you will reconsider granting this variance. Again, there's no

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redeeming factor as to why it should receive so much consideration, understanding what it's going

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to do to the neighbors. But we came up with some provisos in the event that we can't sway your

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your opinion and one of the provisos is that it be given a three-year sunset so that if in fact

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we are right about the amount of burden that this will cause to the neighbors there is an

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opportunity to revisit it and the neighborhood won't be saddled with this inappropriate use for

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life. Also, the restaurant industry is very, very sketchy.

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Also, the restaurant industry is very, very sketchy.

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Many restaurants are closing because COVID has changed that landscape.

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If, in fact, with all his good intentions that he'll probably tell you about, Mr.

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and Mrs. Walker find that they have to close their restaurant, this variance is going to

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stick for whoever comes along, and they may not be as accommodating.

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So we need some protection for the neighborhood because we are already clear that this use

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should not be granted, but minimally it's going to be a tremendous burden.

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We want them to be required to come up with a trash solution.

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The trash, as we see it, cannot be accommodated at that location.

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And just to say, oh, yeah, yeah, we're going to get a commercial dumpster when there's

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no place to put a dumpster um is is is uh it's not good enough and certainly the residents should

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not have to have commercial garbage rotting on the front of of of their of their homes

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and basically that's what we're looking at um the business hours we felt as though we were being

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very, very, very lenient in requesting that the restaurant close at 830. Most of the competitive

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restaurants in the area have the biggest lines during the afternoon, and they're done by six.

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This residential block should not have to endure people coming and going, strangers in and out,

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parking all over the place after dark and in the evenings um when when they're trying to live right

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now they would like to be able to sit outside and enjoy this beautiful day that would not happen

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if that restaurant were there so we are asking that the the the um business hours be limited to

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8 30 a lighted sign would be totally totally imposing on the residents across the street

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And we're requesting that there be no lighted sign permitted on this property.

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um again whatever type of exhaust system that would prevent the exhaust from blowing into a

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whole block of windows um directly behind the um the restaurant is requested as a not an option but

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as a requirement. There is a concern that the owners indicated originally that they were in

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fact going to open an event room. Somehow that changed to a restaurant and we suspect it has

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everything to do with the zoning that is required to get an event room, but neighbors say that they

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They have experienced loud parties over there and are not happy at the idea of this place being used for events and or parties.

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And we would like that to be stipulated clearly as a part of anything that is granted, if it is granted, for this restaurant.

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But again, the question remains on the table as to why is this necessary to burden so many for one?

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And at that, I'm going to yield the floor.

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Hello?

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Hello?

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Frank?

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