civus
Hearing video

ZBA Hearing - August 6, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Aug 6, 20255h 46m

and let me i can't zoom in with

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exhibit 9 are our zoning notice posters that were posted at the property on july 13th and we posted

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both street frontages for fronting front street and also the wing of hawkins side of the property

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our rco notice is at exhibit 10 we met with the rco on may 20th 2025 it was about a two-hour zoom

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it was very well attended and we had some near neighbors that had some questions comments and

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concerns we actually had a second follow-up meeting in person at the property on june 2nd

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to address the concerns of the immediate near neighbors which led to the the letter of non-opposition

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from the the rco along with some provisos and did the board receive a copy of that letter from the

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directly yes non-opposition and also the council person excellent and i included at exhibit 12 a

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copy of the retail sales use that includes drug paraphernalia sales. That was one of our requests

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and the proviso in the RCO letter is to eliminate our request for drug paraphernalia sales. So I

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included that just for the items that falls under that category. The owner's property,

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the deed is at exhibit 13. My client's lease for the property is at exhibit 14.

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I had the owner of the property sign an authorization form to pursue the zoning

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variance separate from the lease, which is at Exhibit 15. And the subject property is tax

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complied. Exhibit 16 shows the zero tax balance as of July 29th, 2025. Going back up to Exhibit,

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Exhibit 1 in my packet was the RCO letter, which I received after I submitted it.

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Exhibit 2 is our refusal. So the application is for retail sale, food, beverages, and

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groceries and drug paraphernalia sales in an existing structure. It's an approximately 1,000

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foot tenant space. The property is owned I2, industrial, medium industrial, and the retail,

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the drug paraphernalia sales requires a special exception approval, which results in the referral.

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And then the request for food, beverages, and groceries results in a refusal. And we were

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originally seeking those two uses in the existing structure. As part of the RCO letter,

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we did agree to remove drug paraphernalia sales as part of the application. So we're really just

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proceeding on retail sale, food, beverages, and groceries. The RCO wanted to make sure that we

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had clear hours of operations in accordance with the city code and that there was a sign on the

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And that there was a sign on the front of the property to show when it's open and closed, which we are going to do.

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front of the property to show when it's open and closed, which we are going to do.

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And that we clean up the property at the beginning of the day and at the end.

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We've actually hired a neighbor to the east who cleans up property to clean up our property as well.

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I'll go to the aerial view of the map.

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This property is this, I'll call it an L-shaped parcel.

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I2 with RSA 5 to the north.

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Some RSA-5 properties to the east, CMX-2 properties directly across to the east of us, RSA-3 to the south, which is a big cemetery.

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We have other I-2 properties to the south, and then to the west, we have RM-1, RSA-5, and CMX-2.

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So it's a ton of uses at the intersection of North Front Street and Wingahawken.

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Going to photo three is just an aerial view looking to the north.

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As you can see, it's like a zigzag Z-shaped building with many tenant spaces.

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and again residential to the north commercial to the east and residential to the east and

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then industrial to the south and then the additional photos are just looking at all

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the angles north south east and west showing that aerial view of the context of the neighborhood

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and the block and i'm going to go to

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page six is again just showing a close-up of all the tenant space the tenant space that we're

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speaking of is really just this little corner, the bottom right hand corner of the building,

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which is about 24 feet wide. So photographs of the exterior are at Exhibit 4. As you can see,

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it's Calabra Snack and Vape Shop. It is a blue building. To the north of us is a retail use,

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personal services for a hair salon. And then farther to the north is a auto use,

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detailing, alarms, painting, tinting rather. Farther to the north is the auto use continues.

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And then the rest of the block going to the north on the west side are single family twin houses and

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row houses. And then looking on the east side, we have a bunch of twin residential properties.

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And then coming back closer to the subject property, we have more residential properties.

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and then directly across the street from us is the commercial use,

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which is an auto shop that does transmissions and auto sales and stuff like that.

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Looking to the south, across Wingahawken, we have some residential properties

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and then behind those properties is the large cemetery.

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And directly to the south of us, opposite Wingahawken is another auto use.

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And this is a view of the property showing the Wingahawken side of the property.

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And then behind us is other tenant uses in this big industrial building, which there's retail uses for U.S. Mattress Factory maintains the large percentage of the building.

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And then behind the subject property, again, are just other auto uses as you go back towards Rising Sun Ave to the west.

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And I'll take you into the exhibit five are the interior photos of the tenant space.

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it has a main one window and a main entranceway on the front of the property inside there is a

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foyer area and all the products are displayed in the window and there's a point of sale at

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the service counter for customers to select what they'd like and purchase and these are just views

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of the service counter showing the products we have candies we have medical type items we have

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smoke shop type items, vape products. And then the rest of the photos are the interior of the

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actual store space where the clerk runs the business. We have snacks and chips. We have

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some clothing, some vape products, hookahs. This is the clerk working at the service counter

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servicing customers. And again, we have the Snickers and other food products, some vape

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products and then a whole bunch of snacks chips ahoy chips crackers we have ice cream

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the downy downy product we have a ton of drinks soda milk orange juice cokes diapers so a real

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convenience store and now the next photo is the back half of the retail space where the client

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uses the space for storage of products as supplies run out they bring it out and restock the shelves

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and at exhibit six is a overview of the tenant space it's approximately 1,000 square feet

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the front of the building is about 24 feet wide we have that foyer space and then the actual

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retail space is around 450 square feet or so and then the back half of the building is the storage

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space that also has access to the outside of wingahokken street for trash removal and the

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back storage is mainly for the trash storage and supplies. And the front is for the actual

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the front is for the actual retail operation. So a very small, approximately 11,000 square foot

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retail operation. So a very small, approximately 11.

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retail use. This use, I included at Exhibit 7, just an old zoning record at this property

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where it's been used for different retail spaces over the years. It's had all kinds of uses,

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this multifaceted building. Most recently, this tenant space was actually an office building for

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an all-state insurance office until this client took over the space and then realized they need

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a zoning permit to operate retail sales of food, beverages, and groceries. So with that,

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after meeting with the community and addressing their concerns, we've agreed to all the provisors

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that the community was seeking, which is really no drug paraphernalia sale. So that's out of our

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request and make sure we have those hours of operation clearly posted along with opening

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and closing signs, and again, make sure the trash outside is cleaned up, which we've hired an

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individual to address those concerns. So with that, members of the board and Mr. Chairman,

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I believe that this is in keeping with the community and the characteristics of the

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uses on this block, and it's not going to have any negative impact on the community,

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especially when we're complying with the code hours. There's no increased traffic, noise,

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congestion, and no impact on the environment. So we would request that the board grant the

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a variance request for retail sales of food, beverages, and groceries.

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And if I may call Amar Muhammad to raise his hand.

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Yeah, why don't you bring him on?

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Mr. Muhammad, can you please raise your hand?

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Amar Muhammad, please accept the promotion to panelists.

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Amar

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Yes sir

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Okay

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Did you hear that

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Hold on

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Amar could you please state your name

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And spell for this stenographer

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Good afternoon

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Board my name is Amar

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Muhammad

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A-M-M-A-R

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M-O-H-A-M-M-E-T

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Do you swear or affirm

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To tell the truth the whole truth and nothing but the truth

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I do.

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Please proceed, counsel.

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Mr. Mohamed, did you hear the statements that I presented to the board today?

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Yes.

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Were they true and correct and accurate to the best of your knowledge, information, and belief?

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Yes.

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And would you adopt my statements as if they were your own?

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Yes.

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No further questions, Mr. Chairman.

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Questions from the board.

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Questions from our attorney, Hillary Emerson.

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um mr mcelhenny did does this property already have a tobacco permit because it's not you're

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saying you're not going to sell drug paraphernalia but you're still selling hookah and tobacco

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products that's a good question um mr muhammad you know if there's a current tobacco license

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at the property i believe we'll have a an application submitted um i believe it is in

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the waiting list, we do have a Pennsylvania tobacco license guarantee. Okay. So just to

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be clear, because I just look at this area, if you don't, yeah, this is capped. So you cannot

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sell tobacco products at this property without a city tobacco permit. A state license is not

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sufficient. So I just wanted to be clear on that because I know sometimes it's confusing what's

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drug paraphernalia, what's tobacco. But if there is no tobacco permit, tobacco products cannot be

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sold at this property and that's a city license correct you said this that's a city it's city

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permit specifically the state is a license um but the city permit has caps and this is a capped

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area so that's why you're on a waiting list no okay i want to clarify the issue relative to the

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unit oh i did i did want to know because there are multiple um there's even multiple businesses

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at this address is there a specific unit designated for this look for for this business

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i wasn't clear from the lease that's like everything refers to mainly unfortunately

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4500 north front street because they all this side of the building fronts on north front street so

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informally um i think if not that's okay i just wanted to make sure that wasn't something we

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missed yeah no there's nothing specific i was looking to see if they've designated the i've

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seen like if you can look at the auto use they have 4504 yeah or they've tried to make their

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own designations 4502 north front that that's not the official opa address right you wouldn't want

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that's that's not the official opa address right you wouldn't want to put that in that's right i

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to put that in that's correct i mean that could be

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mean that could be a man like that could be a federal mailing address but it's not the city

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it's not the city yes okay not a problem not a problem thank you questions or comments from the

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virtual audience i see no hands lady commission thank you churn one second for one second um

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um this is a question for hillary i believe um are vape project prop products considered

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tobacco products i believe so i'm looking at the department of health uh website right now um that

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that is my understanding but i would that's something that um i would verify with the

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department of health it's not just vapes they also have loose tobacco for hookahs for sale right

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can I comment

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this is Ammar

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I just wanted to add

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that the vapes and the hookahs

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both include nicotine and non-nicotine

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options and

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they're all packed

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they're all in package

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there is nothing that is sold in loose

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well even so

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you can't sell tobacco

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without having a city permit

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gotcha

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thank you

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all right um planning commission

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thank you chairman and good afternoon david fechter with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the i2

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medium industrial zoning at this location the city rezoned this neighborhood in 1982

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at that time this property's zoning was left unchanged from the original 1933 zoning the

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The appellant proposes the retail sales of food and beverages.

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The proposed use matches a prior approved use in one of the tenant spaces.

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The City Planning Commission recommends the board grant the proposed use variance for the sale of food and beverages.

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Hilary, are you looking at the proviso there?

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It just says retail sales of food, beverages, and groceries only.

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Do you want to put in there no tobacco until...

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Well, that is understood.

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I don't think that's within our purview, but that is the use that the RCO asked for, and I understand the applicant is agreeing to.

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And that's the zoning code definition.

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Right.

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So what do we want to say relative to the tobacco?

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I don't think we need to say anything, Mr. Chair.

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They need to have a permit to sell tobacco products.

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If they're not, the health department will address that.

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Thank you.

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MI-2025-001-082-4501-North Howard Street, I vote yes, with Proviso, Operation of Hours 7-8-11-P.

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Michael Johns, my vote is...

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And approved use and retail sales of food, beverages, and groceries only.

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Okay.

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Michael Johns, my vote is yes with Proviso's.

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Cheryl Gaston, my vote is yes with Proviso's.

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Tanetta Graham, my vote is yes with Proviso's.

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Ryan McAdams, my vote is yes with provisos.

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I win.

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My vote is yes with provisos.

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Thank you, counsel.

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Thank you.

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Let's go back to number nine, MI 2025, 000989, 6227 Callahill Street.

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Vito Canuso is determined.

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