civus
Hearing video

ZBA Hearing - April 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 17, 20245h 58m

Voting on this will be

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Ishmael, James Snell, and Thomas Holloman.

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Ishmael Shaheed, my vote is yes

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for reconsideration and rehearing.

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Thomas Holloman, my vote is yes

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for reconsideration and rehearing.

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James Snell.

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Oh, I'm sorry.

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Go ahead, Jim.

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I'm sorry.

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My vote is yes to reconsideration and rehearing.

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My vote is yes to reconsideration and rehearing.

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Okay.

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Okay, thank you.

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And number three on the list, voting on this will be myself, Thomas Holloman, and James Snell.

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MI 2024-005-001400-38 North Howard Street.

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I vote yes with provisos.

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Medical marijuana dispensary use is prohibited.

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Hours of Operation, closed by 10 p.m. on Sunday to Thursday, closed by midnight on Friday and Saturday.

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Thomas Holloman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Thank you. We're going to move to our regular list.

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We're going to go to number four, that there's an interpreter involved.

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MI 2023-006-126-706-08 Porter Street.

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Lori Hahn Moslin is the attorney. Is the interpreter available?

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We're checking in on, Chair. Okay, thank you.

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Lori Hahn Moslin has been promoted. Okay, thank you. You're welcome. Good morning,

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counsel. I mean, good afternoon, counsel.

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Oh, I'm sorry.

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Hi, counsel. Could you please state your name and spell for the court stenographer?

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Sure. My name is Lori, L-O-R-I, middle initial J, Han, H-A-H-N, Maslin.

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I seem to have.

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Could you spell it, please? We see you.

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M-A-S-L-I-N. Yeah, I can't see anything. I don't know what's going on here.

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We see you very well.

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

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I do.

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I understand there's a translator involved in this.

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um my client um initially we had asked for one uh i think are you okay going forward with this

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without one he is all right so if if the if one has not um appeared or has not been able to be

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obtained that's that's okay all right so could you identify your client in relationship to the

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property. Sure. He is Vanna Nguyen. It's N-U-N-G-U-O-N. Thank you. N-G-O-U-N. U-O-N. N-G-U-O-N.

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His first name, Vanna, is V-A-N-N-A. He is the principal and owner of the properties

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Rex May LLC. He is also the principal and the owner of the business that operates out of 706,

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708 Porter Street, which is Rex May Ancor Corporation, I believe. And we have a letter

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of opposition from the Lower Movement and Civic Association, a letter of opposition from Council

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Member Squill. Our vice chair has a few questions for you. Excuse me, Mr. Chair, can I just interject

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briefly um miss maslin we do have an interpreter um available um is your client seeking you're

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welcome is your client seeking to have the entire proceedings interpreted or is he seeking to just

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have any sort of testimony that he gives interpreted i i think at this point um it just

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he's fine in english sometimes he has a little issue um understanding specific words so maybe

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just when he gives testimony um we could have the interpreter i mean we don't he's he tells me he's

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okay going forward without without the interpreter so i mean do you anticipate do you anticipate

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having him testify uh just briefly um we have we have submitted quite a few documents in support of

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this um and and we and i will respond specifically i've not seen councilman squilla's letter

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uh but i have seen the community letter so sorry um miss l you were going to say something yes i

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just want to let you all know that the interpreter has been allowed to speak and just for the record

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please let them introduce themselves.

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Sure.

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Thank you.

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I think we'll keep them on standby for the duration of the hearing

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if your client, Ms. Maslin, needs assistance testifying.

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Thank you.

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All right.

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The interpreter, please state your name and spell it for the stenographer.

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Hello, Mr. Chair.

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Hello, Mr. Chair. Are you able to hear me?

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Are you able to hear me?

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I can.

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I can.

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Thank you.

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Thank you. My name is Nisei, your Cambodian interpreter, IDR as in Romeo, G as in Gulf, 093.

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Am I allowed to also introduce myself to the client as well, sir?

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Sure. One minute. Just let me swear you in, okay?

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

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Yes, sir.

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Sir, excuse me, Chair. This is the court reporter.

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Could I have the interpreter's full name, please?

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Sure.

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Spell your name again, please.

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Yes, sir.

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My name is spelled N as in Nancy, I as in Igloo, S as in Sam, A as in Alpha, Y as in Yankee.

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My last name is spelled H as in Hotel, A as in Echo, N as in Nancy, G as in Giraffe.

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Thank you.

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Could you please introduce yourself to the client?

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Thank you.

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Also, Mr. Chair, your interpreter is speaking.

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So just to be clear, should I just be on standby and jump in?

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Yeah, just stand by when we need you.

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And thank you so much for doing this.

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We appreciate it.

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My pleasure, sir.

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And, Mr. Chair, while we have her right now, why don't we swear in the client?

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And since he's right here, we'll be all set.

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Could you have your client state his name, spell for the court stenographer, and I'll swear him in.

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My name is Sovan Nangun.

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My first name is V-A-N-N-A.

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My last name is N-G-U-O-N.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Okay.

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Thank you.

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Our Vice Chair has a few questions for you, Counsel.

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Certainly.

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Good afternoon, Counsel.

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Do you agree to weigh the reading of the refusal or stipulate to its accuracy?

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Yes, we can stipulate to the refusal.

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It states what it is.

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It's a document.

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So we would stipulate that it is what it is.

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Thank you.

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Have you emailed all the required documents and exhibits that is needed and required to

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proceed with this case five days in advance of this hearing I believe we have put in everything

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thank you ma'am uh thank you counsel please proceed and share the screen

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okay um and it may take me a couple of tries here but um may get into my documents no I don't want

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that. There we go. All right. And let me get here. Oops. I got to get into my, I got to find which

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one's the correct one. Okay. The first document here you will see is the notice of the refusal.

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Basically, what this case is about is the Raxmay Anchor Corporation has been previously approved

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variants for the properties at 706, 708 Porter Street for use as a commercial business as a

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beer distributor. He has been operating in that capacity since 2014. And to my knowledge,

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and I have not found anything, there's really no liquor board citations or anything of the sort.

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What he has done is he has purchased the properties immediately adjacent on each side

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of his business. The 704 Porter Street property and the 710 Porter Street property. 704 is

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currently approved for use as a single family home. 710 is currently approved or at the time

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of his purchase for use as two residences, two apartments. What he wanted to do and what we have

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done just to give you a little background is initially we um wanted to we did a lot line

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adjustment um and that required having a um having a that approved and that was done and i can show

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you that document um i'm just going to skip through here until i get to it um

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Nope, not that one.

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it's here i know it's here we did a deed of consolidation back in 2022

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and part of that deed in consolidation as you'll see me scrolling through here

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is an exhibit of a new legal description done by Juron Surveying,

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which was reviewed and approved by the Board of Surveyors.

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So we now have the property listed as deeded as all into Raxmay LLC.

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see. Um, once we did that, uh, I then, um, requested, um, a lot line adjustment through

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L&I. And I did a second one, um, in order to do the expand, what, what I refer to as

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an expansion of use, because that's what this is in a sense, in essence. Um, and in working

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with L&I, they indicated that they would issue a refusal because the lot line adjustment could

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not be done without an approved use of all of the properties. So that is why we are here today.

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We filed the appeal of which I have provided that document as well. For some reason, it appears that

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the first page appeared before the second page. And again, the lot adjustment would

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change the use of the two adjoining parcels, 704 and 710. What Mr. Nguyen is looking to do

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is expand Porter Street Beverage into the first floor of each of the 704 and 710 properties,

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and then rework the upstairs for the existing properties and rehab them to the extent where

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there would be an apartment above each address. So it would be a four-unit apartment with a

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business on the first floor. So the object is the beer operation gets bigger is what we're saying,

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Yes, the beer operation gets bigger.

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And one of the reasons, and Mr. Nguyen will testify to this, that ever since, particularly since COVID, both between COVID and the continuing approval of new products and that, you know, get sold out of a beer distributorship, he has run out of space.

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and we can show you and I'll have him identify these but we honestly believe and Mr. Juan

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honestly believes that his property will be less of you know will will actually

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increase the safety and welfare of the neighborhood by having things like this you'll see

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exhibits A, 12A, 12B, and 12C. I believe there's one more in 12D. This is what happens when he

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gets deliveries. Because they cannot come into his store with pallets of beer, they sit out on

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the sidewalk until he is able to hand cart them in. And what this variance, what this expansion

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of the beer distributor business will do would his plan is to open up 704 that um the beer delivery

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folk can roll the beer right into that side um it would never be it wouldn't be on the street it

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wouldn't be out in the open causing a hazard on the sidewalk um it wouldn't be open for theft

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wouldn't be open for um vagaries of weather um or blocking the saw as i said blocking the sidewalk

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so that would enable that um and it would not we're not looking for a loading dock or anything

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like that it's basically he would roll that stuff up he would put a ramp on the inside and roll it

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up and in um and uh on the other side would just be he would be able to expand the area where his

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coolers are and where his product is. Some product is

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in coolers. Some product is out

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by the case. Let me find those pictures for you.

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My computer likes to alphabetize

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things in the wrong manner, so I apologize for that.

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the first floor of all four locations become part of the operation correct correct so and right now

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the first floor of all four locations

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um as you and if you look at these some of these are sideways but as you um can see some of these

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when you walk into his store this is the front of the store um it is piled with sodas and beverages

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um and there's very little room to get around um and um it's gotten to the point where it's you

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know it's difficult to operate the business um the business has done increasing business since

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covid it is a neighborhood business um they sell ice they sell soda they sell beer um they sell

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some cigarettes um there is a limitation no loosies no cigarette paper they don't do that

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they sell cigarettes by the pack um and you will see there are bathrooms here um and as you and

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you guys will be able to uh scroll through whoops one's upside down be able to scroll through these

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at your leisure this is the back exit to um 706 708 it's on the 708 side and it leads to about a

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three-foot alley back there. And the alley is locked at both sides. He has access from the

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Beulah Street side and his neighbor, Bodega, which is on the corner, which you'll see in the exterior

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photos, has access from that side. And I can show you those, give you an idea so that you have

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a little bit of an idea of what we're looking at.

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There we go.

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And these are under Exhibit A11, A through, I think, G.

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And you will notice that this is the outside of the store.

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We would be looking to expand to this building and to this building,

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remove this at 704, this porch that sticks out.

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Yeah.

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Yeah, the front porch. And you see there's a door here. There are doors here. Those would

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eventually lead up. There would be access up to the apartment, separate access as is required

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by law. You will note, I took pictures of this just to give you an idea that Mr. Nguyen,

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if they have a problem with theft or an issue, they put up pictures of people, you know, so that

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If anybody in the neighborhood recognizes them, they can be banned from the store.

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Counsel, why don't you tell us what happened at the RCO meeting?

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Okay.

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We actually had two meetings.

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The first meeting was with Councilman Squilla alone, and there were three or four people there, and the biggest issues are trash.

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and Mr. Nguyen what he does is he goes out two or three times a day and he cleans up he makes

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sure people don't drink out there they're not allowed to loiter out front they can't drink on

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the highway and you know and he does sell lottery tickets so there are people in the neighborhood

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who will do their scratch-offs and drop their lottery tickets but he cleans up he cleans up

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