civus
Hearing video

ZBA Hearing - June 3, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jun 3, 20266h 30m

Could you please state your name and spell it for the

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stenographer hi yeah my heart just dropped um because it said call ended when i tried to join

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my name is wasim al-mashadani that's spelled w-a-s-i-m get ready stenographer i'm about to

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test you a-l-m-a-s-h-h-a-d-a-n-i all right do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do uh please proceed sir all right good evening mr and madams of the board

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All right. Good evening, Mr. and madams of the board. First, I'd like to make a point of personal privilege. I am sitting about a foot and a half away from my air conditioner. Are you guys experiencing any issues hearing me? If so, I can turn off the AC.

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first I'd like to make a point of personal

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We're hearing you, sir.

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Okay, great. I'd like to ask for unanimous consent to make a brief general statement.

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Go ahead.

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um i just wanted to commend you guys for serving the community because this is like extremely

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boring i've actually been sitting here since uh 2 2 p.m when this started um i want to tell you

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that the people have given their whole life to this a little depressed right now but that that's

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okay i mean i see at least four lawyers in the room shaking their heads like so i just you you

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they got the whole legal community depressed right now but go ahead yeah well i mean i commend you

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guys for like showing concern for things like quality of life,

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parking, concern for parking, and especially I was impressed

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with the first case about you guys being concerned about

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heritage trees and that they were planning on planting trees

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that were considered local to the area, like the service

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berries and things like that. So why don't you tell us what

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you think about this case? Okay, yeah, I appreciate

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everything you said okay well um i have no issue with um the case first of all i'm the son

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of the people who live in 1437 uh right next door and so um they they told me that the um

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that uh mr and mrs cohen that they met them and they thought they were very nice

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and everything my parents are kind of aging and they like to you know keep to themselves and not

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bother anybody and stuff. So my concerns are I'd like to commend them for have for thinking about

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parking and everything they said was accurate as to not having parking on that side and that it

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would be saving a space for them doing it. And I like that they have a tree right there to keep

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anybody from turning too close to the curb. And so that is my first concern is that that block has

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a lot of issues with major sinkholes. It's right next to the river. There was a large sinkhole in

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the middle of the block for like way, way, way too long with a lot, way too many 311 calls to

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get to it. And it's not something that is like. Yeah, I understand the sinkholes, but I think

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what we ought to do is concentrate on are you okay with this garage i'm okay with it but what

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i'm trying to get to is that if you look at the curb going up 1437 1439 1440 that entire curb is

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already like kind of collapsed and when you guys start doing that construction um they're

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they're the pipes and the things like all that that has to be um that it has to be reassured

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and it has to be taken into consideration that they're going to do that sidewalk all the way up

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to there and provide the proper support once they dig that up to responsibly create that.

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Otherwise, I have no problem with the actual building and I'm also happy that it's going to

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be a single family dwelling instead of multiple apartments. My second issue that I'd like to raise

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is the fact that that apartment I moved back from Pittsburgh roughly two years ago and I noticed in

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the backyard there was a huge issue with highly invasive Japanese knotweed and I'm not sure if

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you guys know much about Japanese knotweed but the reason it's so highly invasive is because

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even the smallest little bit of the root when you're trying to pull it out and get rid of it

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can create a whole new colony of this knotweed. And the way that the knotweed propagates is by

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sending runners all over the place. And so these runners have enveloped their entire property

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and have enveloped most of my parents' property, including the front and all the way into the next

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door neighbor at 1439 and going out in the other direction and so anything that gets done when

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they're digging this out and replacing all this has to take into consideration that this Japanese

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knotweed has to be professionally destroyed by somebody and I have no problem with anything

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except that as long as they you know that they take care of noise try to keep the dust down as

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try to keep the dust down as much as possible and just you know give do their due diligence and like

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much as possible and just you know give do their due

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informing everyone when um utilities might be turned off and try their best to you know

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minimize that amount all right all right thank you very much for calling we appreciate your

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input ron do you have any questions for uh no i don't okay is there anyone else in the virtual

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audience planning commission amy boy with the planning commission am i still on the mic

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no you would know we're one of something else sir i moved to postpone what's that

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i moved to

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we're fine thank you sir please proceed planning amy boy with the planning commission the

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comprehensive plan recommends no change in zoning to the existing rsa 5 residential single family

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The appellant has not shown that there are unique physical conditions or circumstances of the property

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that would prevent it from being used in conformity with the zoning code.

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The Planning Commission recommends that the Board deny the requested variance for parking.

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Thank you.

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MI 2026-000450-1435 East Oxford Street, I vote 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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Tanetta Graham, my vote is yes.

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Ryan McAdams, my vote is yes.

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Tywin, my vote is yes.

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Great. Thank you.

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Thank you, Kim.

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Have a good afternoon.

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Thank you, everyone. Have a good evening.

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All right. Thank you.

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Number six.

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Number six.

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MI 2026-000-492-4055 West Gerrard Avenue.

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Henry Clinton is the attorney.

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mr clinton

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what what time was he supposed to be on

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you know what we did give him a later time um

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who's uh

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why don't you why don't somebody give him your call i'm sure he'll answer right away

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yeah we're we're a little bit ahead of where we thought we would be

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about that being ahead that's great

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we're a little ahead

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Thank you.

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I think, I think I actually remember that's the health place they wanted to put up.

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How about if we go to Jennifer's case, all right, we'll go to Jennifer and we'll come

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back for Henry. And then I think you're the last case, right? Okay. So MI 2026 000 494 1122 Walnut

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street jennifer bazillo was the attorney thank you

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oops let's see let's get the light better there okay hi guys how are you could you please state

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your name and spell it for the stenographer sure it's jennifer bazillo b-a-z-y d as in dog

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L's in Larry, O's in Oscar.

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Right.

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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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I did. I do. You did. Well, that's okay if you did. That's right. Could you identify your client,

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I did.

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I do.

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You did?

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Well, that's okay if you did.

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That's right.

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their relationship to the property? Sure. My client is Yummy Picks, Inc., who is a tenant

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of the property. Okay. Our vice chair has a few questions for you. And I do notice that

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there's a letter of non-opposition from a council member and also from Center,

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is it walnut street washington square one square west okay yep good um evening have you submitted

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your documents and exhibits five days in advance of this hearing yes most of them were um i

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supplemented with a few later okay thank you and do you waive the reading of the referral i think

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this is okay yep um and simply to its accuracy i do okay all right thank you you can share your

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screen to proceed with the case okay okay so I submitted the just a list of the

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exhibits that I submitted was the referral a copy of our lease it is a

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ten-year lease so it's a substantially with renewal option so it's a

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substantial lease tax compliance there's lease we have property taxes

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being paid, the unanimous letter of support from Washington Square West Civic, and then we're going

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to go through the rest of these exhibits. So I'm going to try to keep this simple because it is a

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referral and not a refusal, and it is unopposed, I believe. So right now, let's just go here.

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Here we have Yummy Picks is a store that's operating, it has a permit right now for the

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retail sale of food and beverages and groceries.

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And we're looking to expand the use to having a small sit down portion and take out restaurants.

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So these are photos of the inside of the store right now.

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the proposal would be that you would order right here at this counter that you can see on the

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right hand side it would be prepared over here there's a you know there's actually all of the

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equipment's been installed with proper permits I have a I submitted a copy of all the electrical

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mechanical that sort of thing permits and then this little front area of the store is going to

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used as the seating area. There would be about 14 seats there. The sit-down portion would be open

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from 6 a.m. to 9 p.m. The rest of the store is a 24-hour operation but that's due to the location.

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It is about a block away from Jefferson Hospital and it is looking to be able to service

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the workers and visitors to that hospital so that they could get sandwiches and things like that.

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That was presented to the RCO, just to be clear.

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So I can show you there is a bathroom at the rear of the store for public use.

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And we will just go to the floor plans just so you get a little bit better idea here.

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Let me zoom in.

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So this is the front area.

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This is where you would come in off of Walnut Street.

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This is where we have a few places to sit.

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and the food prep area back here and then the other areas are retail sales

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uh we have the coolers the bathroom and then all the way to the back is uh the offices um

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there is a dumpster in the rear of this property and there's commercial trash pickup three times

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week on monday thursday and saturday um and like i said uh while the area is already constructed

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they did obtain permits. So there is the use permit for the retail sales. There is, I just

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want to show you this, mechanical permits in place for the hood, interior plumbing permits,

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and also the necessary fire permits and food prep license. So the business is trying to do

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everything right. They've been operating since last fall. And the RCO in particular noted that

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there has been no issues with the business since that time. So let's just go here. Like I said,

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so this is only a referral, right? So we have to show that this use would be no more detrimental

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than you would expect it to be and in fact it's a referral not because it

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wouldn't be allowed in the CMX4 zoning but because of the overlay for Center

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City so I guess in argument of that it wouldn't be any more detrimental we this

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Um, we, this is a relatively small operation. The whole store is 1800 square feet. The sit-down portion is only 14 seats. Um, it is on a main commercial corridor, um, of Walnut Street with many other businesses, um, that are restaurants and takeout.

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is a relatively small operation the whole stores

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So just on this block alone, just on the 1100 block, we have a Starbucks, we have a Dunkin' Donuts, we have the Caribou Cafe, we have Morty Arty's, Scoop DeVille.

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So this is, there's a juice store right next to it.

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So this is a very inline use for this block and this neighborhood.

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It's serviced by public transportation.

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It's really for, like I said, the local people, so it shouldn't add any traffic or congestion.

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And, yeah, I think that's basically it.

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like I said, we met with the community group. I'll show you their letter.

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We had a good conversation. They asked questions. We had a full discussion

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and they voted to unanimously support

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the granting of the referral.

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Sure. I know they were trying to log on when I started this.

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So it should be maybe Malik

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is the owner of the business. And if not, maybe Charlie

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is there, who's our expediter.

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Do you see any hands council? You're an officer of the court. We will take your testimony. Great. I appreciate it. Questions from the board.

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Yes, what are the hours going to be for the sit down and take down the sit down portion is 6am to 9pm and the takeout portion is 24 hours.

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and that's to service the hospital staff in the area

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other questions and you said there would be what 14 seats 14 seats yeah okay so the majority of this

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is really going to be takeout and the retail sales the retail sales are going to continue so

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it's it's really like kind of like a deli type situation um it's a deli is really what it is in

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its most common term but you know it's having some falafels and work maybe some it has your

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typical sandwiches and things like that but it also has you know some wraps and things like that

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some juices okay um and any kind of real cooking or is this mainly there is cooking um you know

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there'll be cheese steaks and things like that um they were issued a permit for their fire

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suppression systems and the hoods have been installed let's see here we go there's plumbing

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one let's see the mechanical um the gas lines um and it is vented to the the roof okay that was my

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question about the venting all right thank you i have a question i know you guys are planning to do

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24 hours for uh take out are there any other places that are 24 hours in in that surrounding block

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I am not 100% sure.

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I know that, you know, the hospital is definitely open 24 hours a day.

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So that's why they were looking to have food service for the staff.

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And have they had any issues with neighbors or anybody in the neighborhood?

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Nope.

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Not at all.

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They're operating 24 hours right now and they've had no issues since September of last year.

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okay great thank you questions from our attorney hillary emerson um just a quick question um you

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had mentioned that there's there's a significant like retail sales component like presumably of

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food beverages and groceries do you already have a permit for that i realize it is yes yes and i

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and just so you know i submitted those permits earlier today so you probably don't see them yet

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but there is a zoning permit in place from 2024 for um although where is it for the retail sales

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of food beverages okay thank you questions or comments from the virtual audience

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all hands mr chair planning commission may be boy with the planning commission the comprehensive

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plan recommends no change in zoning at this location from the current cmx for commercial

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mixed use the appellant has demonstrated that the proposed use will not cause detrimental impact

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beyond what would reasonably be expected the planning commission recommends that the board

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grant the requested special exception for takeout restaurant and sit down restaurant thank you mi

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2026 000 494 1122 walnut street i vote yes michael johns my vote is yes cheryl gaston my vote is yes

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