civus
Hearing video

ZBA Hearing - July 7, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 7, 20214h 54m

five days prior to this hearing? Yes, I have. And have you met with the RCO and have a letter?

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Yes, we do. Please proceed. And I would like to ask permission for Patrick Jones

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to be able to share the screen and so we can exhibit show these, this packet.

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Thank you. Please proceed.

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Is that a hand up?

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Hello?

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Yeah.

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Okay.

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Once we identify...

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I'm loaded to panelists now.

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Jones?

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I need to unmute yourself.

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i'm here johns please identify yourself first and last name spell your name please

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I'm here.

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Mr. Jones, please identify yourself, first and last name, spell your name.

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good morning chair members of the board my name is patrick jones first name patrick p-a-t-r-i-c-k

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last name jones j-o-n-e-s you swear and affirm to tell the truth the whole truth nothing but the

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truth yes sir thank you miss brickland thank you and we also do have uh miss sheila taylor the

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owner of the business here this um patrick could you begin to show the exhibits please

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this will start with the uh the deed further this is a request to for from the business owner

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of located with who will locate a business in 683 north broad street a an upscale uh hair salon

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I have before you the deed of the property. Please keep going. And the project has been refused because it's in contravention of the consisting council overlay district that limits the number of and type of businesses there. That's the refusal letter.

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Keep going.

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there's the project information page um we're just going to keep scrolling through these

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and here is the notice to the rca uh to the rco uh meeting um they met um

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last year they let sometime earlier this year um keep going

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that's the certificate of mailing sideways

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and this is the letter of support from the RCO who is in support of this because this will

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be in conformance with the current business district and will enhance the

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um the the the it will enhance the area and um they want to do that they they are accepting this

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on a one term uh on a one uh just a one-time basis anything else we have here we have and

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these are the plans the building is currently vacant it is a renovation there's no x there's no

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structural changes to this. It's all interior. That's the location. We do have pictures. I

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don't believe the pictures were submitted in the packet. With your permission, we would like to

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have those pictures um entered into the record the photographs

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hello yes i should so noted and so note and this is the interior at will be a beauty salon

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upscale um but there's nothing there at the moment um and with that i would ask for um

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Keep going. Are we done with these exhibits? I have the owner, Ms. Sheila Taylor. Is she

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available, I believe, for any questions and to affirm that this is an accurate presentation?

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Is she here? Ms. Taylor, can you raise your hand, please?

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Ms. Taylor, you can unmute yourself and speak now.

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Ms. Taylor, please identify yourself with a record first and last name.

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Yes. Hi, my name is Sheila Taylor.

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S-H-E-I-L-A-T-A-Y-L-O-R.

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

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Yes.

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Thank you. Ms. Bricklin.

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And, Ms. Taylor, you've heard my presentation about the project at 683 North Broad Street.

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Yes.

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And have I accurately represented the basis of your request today?

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Yes.

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I would ask.

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Thank you.

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We also have the owner of the property, if you need to speak, hear from her to ascertain that...

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This was Ms. Taylor was the owner of the business. We have the owner of the actual property. Her name is May Tang, and I think she's on the, she's available.

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We can hold on that for a moment. Any questions from the board?

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Any questions from the board?

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No.

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No.

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No.

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It is Ms. Monroe out there.

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Is Ms. Monroe out there? Anyone else wants to testify? Please raise your hand.

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Anyone else wants to testify?

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Please raise your hand.

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Ms. Monroe, you can unmute yourself and speak now.

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Please identify yourself and I'll swear you in.

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Yes, please.

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Diane Monroe, chair of the 14th World RCO.

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Your last name, please. M-O-N-R-O-E. And do you swear for him to tell the truth, the whole truth, and nothing but the truth? Yes, I do. Thank you. Please proceed.

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Okay, we did have a meeting, and the type of business that the young lady would like to put there, the residents do not feel as though it would interfere with the overlay restrictions.

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And so we didn't receive any negative comments about this type of business coming to Broad Street.

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And we do encourage the board to please grant this variance for them, but this will only be on a one-time basis.

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We understand totally about the overlay, the restrictions of this overlay, and we think that this type of business will encourage other young people to be able to become entrepreneurs, and Board Street is our ideal location.

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thank you um just looking any is there anyone from council president clark's office

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no okay thank you uh planning commission good morning david fecto city planning commission

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mr chairman members of the board the comprehensive plan recommends no change in the commercial

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mixed-use zoning for this property. This is an existing building with use permits dating back

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to at least 2019. Despite the zoning overlay prohibiting personal services, a hair salon is

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compatible with the commercial activity on this commercial corridor. We recommend that the board

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approve the requested variance. Thank you. MI 2020-002-751-683 North Broad Street. My vote is

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yes. My vote

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is yes. My vote is yes.

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My vote is yes.

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UMI

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2021-001

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117

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7573

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Haverford Avenue.

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Notation indicates

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there was no letter from the RCO, but

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we'll find that out momentarily.

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anyone here for seven by the name of daniel mechlowitz

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morning sir please identify yourself for the record spell your first and last name and i'll

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swear you in

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is he the attorney of record i don't know if i should promote him or not i don't know either

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It says I have a loan law associate. So it's the firm.

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They may be an attorney with the firm. I allowed him to speak. Can you please?

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Good morning. My name is Daniel McCleavage. I'm here on behalf of applicant Kimball Cooper Enterprises.

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Sir, please spell your first and last name.

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Sure. My first name is Daniel. D.A.N.I.E.L.

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Last name is McCleavage. M.U.K.L.E.W.I.C.Z.

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and my attorney you swear from to tell the truth the whole truth nothing but the truth

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yes and then finish what you were saying sir i'm sorry i was going to give the uh the board my

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attorney id uh necessary it's three two zero three two two thank you okay sir if we could pause a

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moment um miss i'm bitten it's going to promote you to a panelist so you can share your screen

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very good thank you he's been promoted to panelists

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and then confessor will ask you a few questions the secretary sir uh you agree to waive the

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reading of its refusal and stipulate to attack your seat you repeat that sir we

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sir do you agree to waive the reading of its refusal and stipulate to attack your seat

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Sir, do you agree to waive the reading of its refusal and stipulate to its accuracy?

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Give him one minute. He's coming in now. Okay. Okay. Can you hear me? Okay.

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

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Yes, I do. And have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance,

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a copy of the refusal or referral folders and plans five days prior to this hearing?

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Yes, we have.

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Have you met with the RCO and have a letter?

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Yes, sir, we do.

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I do believe, I can share my screen to show our approval from the RCO.

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However, I believe that may not have been in our packet.

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Would the board stipulate to include that in the record?

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I do not believe the, we were, the Overbrook Park Civic Association did, did approve, or does recommend the board approve our zoning exception.

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uh however i don't believe that that was in our uh that may not have been in our packet so that's

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correct would uh would it be possible to stipulate to include that in the record i can share my screen

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to show the approval letter okay yes excuse me this is sharon if you could after the hearing

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please email me a copy so we'll have it for the record absolutely can i get your email please

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Yes, you sent exhibits to me.

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It's S-U-L-E-T-A-Z-B-A at gmail.com.

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Okay, I'll check with my staff.

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I believe it may have been one of our staff that sent it.

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Okay, thank you.

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Thank you.

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All right, just allow me a moment to share my screen.

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Can the board see my screen?

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Not yet.

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We see you, but not the screen.

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Not yet, Daniel. Did you click on a screen share at the bottom?

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Green button. Just one moment, please.

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Okay, it's coming up. Okay. All right. So, board, we're here today on my client's Kimball Cooper

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Enterprises application to operate a special event space in a property located at 7573

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Haverford Avenue. My clients have a background in catering, and it's owned and operated by

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a husband and wife, Kevin and Latoya Cooper. Mr. Cooper is a chef, and he has a background

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and catering. So many of the events will be operated by my client's catering company.

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The property, as you can see, it's within a shopping center and it's surrounded by several

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other businesses, including daycare center, dry cleaner, sandwich shop, and a place of worship.

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We believe my client's proposed use is compatible with the neighborhood.

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There's 70 available parking spaces. So we don't believe that the operation of this business

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will be a burden on the community at large. As you can see, it's also near City Avenue and

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Haverford Avenue, so it's accessible by septic bus routes. There are no proposed external

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modifications to the structure. And with that, I'll go through some of our exhibits.

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I apologize, it seems like, okay.

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This is a copy of the appeal my clients submitted.

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Here is the notice of referral from Department of Licenses and Inspections.

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Here's the project information form, which is included in our packet.

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This is a copy of a lease agreement between Kimball Cooper Enterprises and the owner of

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the property, Yale Realty Corporation.

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And this is an addendum to that lease.

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This is a certificate of tax clearance showing that no taxes are owed.

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This is a certificate of tax clearance show.

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This is a letter that we sent to members of the community notifying them of the RCO meeting,

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which took place on Monday, March 22nd.

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And my clients, actually, we had a follow-up RCO meeting just to accommodate the community because I understand there were some members that were not able to attend.

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So we held two meetings with the Overbrook Civic Park Association.

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Overbrook Park, rather the Overbrook Park Civic Association.

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This is the proof of certificate of mailing.

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And this is a RCO meeting summary form which we received from Overbrook Park Civic Association.

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As you can see, the RCO voted to support my client's proposed use, 12 to 6.

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This is a letter dated March 23, 2021, approving my client's proposed use of the property.

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um and just a a few points and my clients can uh are present and they can speak to this um my

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clients uh uh they uh you know at the uh rco meeting they wanted to assure the community that

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you know safety is not you know safety will is a you know the utmost concern to them uh they will

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have security on hand and also you know this this is the uh you know the type of operation they're

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running, it would be more upscale events, such as birthdays, business meetings, etc.

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And with that, I would like to ask if Mr. and Mrs. Cooper are present.

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And if you are, if you could raise your hand so the board can let you in.

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We have a Latoya Cooper.

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Ms. Cooper, you can unmute yourself and speak now.

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Good morning, Ms. Cooper.

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please identify yourself with the record, spell your first and last name, and I'll swear you in.

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Good morning. I'm Latoya Cooper, and I'm also here with my husband, Kevin Cooper.

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Latoya, L-A-T-O-Y-A, Cooper, C-O-O-P-E-R. You swear or affirm to tell the truth,

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the whole truth, nothing but the truth? Yes. Thank you, Ms. Cooper. Mr. McLevitt,

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not Clevitt, I get it wrong, I'm sure. Yes, pretty good, McLevitt. Ms. Cooper,

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Did you, Mr. Cooper, hear my testimony regarding your application?

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Yes, we did.

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Was my testimony true and correct to the best of your knowledge, such that you would adopt it as your own?

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Yes.

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Okay.

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Ms. Cooper, do you have anything else you would like to add?

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Excuse me.

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Do you have anything else you would like to add to the board?

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Yes, this is Kevin Cooper.

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Kevin, do you swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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Thank you.

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Please proceed.

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Hi.

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So basically with this location, it's not a kitchen in there.

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So what we want to do is we want to kind of put our own kitchen in there.

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The location, we will pretty much be hosting like events, wine tastings, special events,

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