civus
Hearing video

ZBA Hearing - October 29, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 29, 20255h 57m

And, you know, I think my client would agree with me that, you know, South Street is, you know, we need as much commercial activity there as possible.

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And it's great that our business is looking to fill one of those spaces and contribute to the regrowth and the return of South Street.

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So you see the four refusals on the screen there.

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But again, the CMX two and a half zone property, there's two residential dwelling units above.

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those are not related to the applicant and my understanding is they're currently occupied

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the LLC has a lease term of three years that's to my understanding starts upon opening

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and the last thing I'll mention on this screen is a couple months ago we were retained after

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the community meeting but we added on the library and cultural exhibits use that you'll see

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on the description which is allowed by right but we wanted to include the retail component which

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will be sort of in the front and then uh basically an art gallery and photo gallery in the rear and

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i think that that better falls under the library and cultural exhibits here's the letter of support

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from south street head house i was not at this meeting so um you know once stevie is sworn in

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feel free to ask her questions about that but sure we have the support there were 20 attendees um

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people, you know, were receptive to the use. She's an involved member of the community and

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has done murals on South Street and is involved with Philly Aids Thrift, which, you know, hence

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the letter. So she's a known quantity and, you know, generally supportive. And we also have a

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letter of non-opposition from Council Member Squilla, as well as a letter from Philly Aids

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Thrift, sort of describing their commitment to sexual health education, which is going to be

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a component of the business here. You know, a reference to Stevie's character and her involvement

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in the neighborhood and on this block and how the Philadelphia Erotic Gallery will benefit South

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Street. Here's an About Us, you know, basically this place will be a spotlight on the history of

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sex, gender, and erotica in Philadelphia. There's going to be art classes here. Stevie's an artist.

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There's going to be neurodivergent sex education classes here.

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There will be exhibits, spotlight for local artists.

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spotlight for local artists. Um, there was, uh, you know, you may have seen in the letter,

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There was, you know, you may have seen in the letter.

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but there was questions about what does this look like from the, from the street? You know,

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obviously there's, there's all different types of people, including families on South street,

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but there's no intention to do anything, um, inappropriate for lack of a better term. Um,

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It'll be pretty vague, I guess you would say, no nudity or anything like that in the windows.

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So that's that.

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Here's the zoning map.

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We are across from RM1.

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My understanding is there were no indication from the neighbors at the community meeting that they had any issue with this.

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But because we are across from a residential district, we are getting that refusal.

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Here's some photographs.

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This is the front of the property.

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this is the commercial space we're talking about here's the posting photo to the right

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of the property on south street and the left we're not proposing to do any real work to the

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interior besides you know paint and movable items we're not doing any construction work it's a

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pretty raw space right now um the history here was in 1990 there was a travel agency with the

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two units above then there was a nail salon then there was a costume shop not sure what was here

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just before but I think it's been vacant for some time so we're happy to put a use in there

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it's a small rear yard or I would call it more of a breezeway in the back that you'll see

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nothing going on back there I guess store trash cans although the use will not really be generating

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trash significant amount of trash here's the plans and drawings this is the basement it's an

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unfinished basement for storage that stevie will have access to here's the first floor you can see

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the door to the left gives access to the residential component the door to the right

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gives access to this commercial space it's about 940 square feet um we're not moving any walls

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again just you know art um shelving i'm sure and and you know some some light furniture

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the rco meeting notice went out in a timely fashion there's the bulk mailing certificate

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application for appeal

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here's the lease of the property philadelphia erotic gallery llc is the tenant

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and then the last item is the tax clearance just a couple more things i'll note um tobias and stevie

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are the only employees it's just them uh hours are 11 a.m to 6 p.m closed on tuesdays so very

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reasonable hours there'll be a gallery gift shop in the front ticketed museum in the back um

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and that's pretty much it so um if we could bring i could you uh state your name and spell

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for the stenographer could you get a little closer is that one

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yes stevie laney s-d-e-v-i-e-l-a-n-e-y right do you swear or affirm to tell the truth the

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whole truth nothing but the truth yes please proceed counsel stevie did you hear my testimony

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today yes was it true and correct yes and you adopted as your own yes questions from the board

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yes i have a few questions so the plan is showed is that current and existing conditions

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because it looked like you had a lot of

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what's called them rooms for lack of

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better term but there were no doors

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on them

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but when you showed the photographs

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it did look like they were full

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rooms in the photos

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these look more like gallery

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walls

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the intention is to be a gallery

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but there are

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three rooms

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we took the doors off of

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them or the two that had

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doors one room did not have a door it was just like a kitchenette um but yes we took the door

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and is that the first room or is like the one that's six feet by nine six nine um or is that

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the five foot width room on this plan i think that which which one are you in well there's so

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there's two rooms that kind of had it there's one in the back the second one that was the kitchen

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yeah that's so that's the one i was asking about the kitchen that was the kitchenette

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yeah it was just a sink and so of the places where there's gaps here because there's not gaps

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in the photo right there the walls don't stop they're they're full walls you just took the

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doors off which ones have full walls and just now our openings and which ones there were when we

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moved into the building there were the first three walls that fourth one towards the middle of the

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hole that was not there this is not here you're adding you're adding this we we didn't add any

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this came right out this came out of the lease so this was how the space got it so you don't

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actually have a plan that shows how you intend to use the space i mean we're not trying to

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I mean, we're not trying to build another wall.

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build another wall we we just want it

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We just want it to...

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We're using the space as is and just...

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Understood, but this plan is neither as is

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nor what is going to be used for.

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Yeah, how would people flow in

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if they wanted to go to the museum?

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What would the flow be like if...

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There's a hallway and then, yeah,

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just three separate rooms.

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So you just go...

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Yeah, walk in and out of the room, yeah.

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And the rear and the back,

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what's that larger place in the back?

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Is that where the kitchen was back here?

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No, no.

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That was, it wasn't even a full kitchen.

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That was just an empty room when we moved in.

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And what will you use it for?

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That's a museum room.

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Okay.

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So the last three rooms will be a museum, and the front is just a store.

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And is the museum room also, like, where are you going to be holding sort of your education

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courses in any of your sort of public programming?

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That would be in the main floor or the entrance.

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The retail space.

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Yes.

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I will say it would be really helpful, even if it was just diagrammatic, to see how you

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all plans into the space from like a programming standpoint just to understand what activities you

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plan to happen in each room and even just like basic furniture you intend to have in the room

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that would be really helpful and just trying to better understand the overall plan for the project

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my second question is about i know it's not part of this permit but signage and use of the retail

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window um i think you know yes there are certainly similar uses on south street um but i know from

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like just other similar museums and other cities i think the one thing about this museum and its

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location is like of all the uses on south street most of those uses tend to be closer to third and

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fourth and south this is at seventh and south which is a lot closer to the residential side of

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the neighborhood i know right across from you is a big apartment building that has a lot of

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families like there's always kids and strollers and stuff and there's even a playground um that

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that that part kind of a complex frequency is about a block away and so just kind of understanding

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the context of putting this use now so much closer to the more family side oriented side of the

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neighborhood and like one not trying to like still how you could advertise your things because i

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think you know we can have but all the other ones are on commercial corridors where they're facing

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other businesses and not necessarily facing just like a street level residential community so

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what's your plan for the for that um window and how do you plan to either like deal with

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any concerns that might come up from neighbors i know i've heard complaints from that um complex

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before for things that weren't even quite as i think uh you know controversial as yours and so

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So I'm just like, how do you plan to handle neighbor relations and signage and things like that at the street level?

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We want to be very respectful to our neighbors and comply with them.

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We have a, on the glass door, those blocker sort of things, kind of that shimmer, whatever that you put on the window.

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The big it open.

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Yeah, yeah, thank you.

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um adhesive stuff that we put high up enough that one you can see in if you're tall and if

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not you can't um the window has a sheer glittery curtain at the moment that we kind of want to

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keep you can if you really squint hard you might be able to make out what's going on but we do like

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to have that little subtlety and mystique to it.

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We want to definitely lean into the art culture

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and education side of this

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so we're not trying to be shocking to anybody

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or put it out there.

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Again, we want to be respectful to the neighbors.

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Do you have any plans for signage

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or it would just be in the window signage?

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Just be a logo window in the signage.

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A vinyl or a sign?

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yeah yeah so so you're saying the retail merchandise that you're selling will not

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be visible from that window no okay and then what what type of merchandise are you hoping to sell

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um well i have a lot of um a collection of artists it's going to be consignment based so

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some of them are little zines magazines pins artwork gallery work um all your classic gift

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shop museum stuff keychains and all that uh maps the city and

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what about hours of operation 11 a.m to 6 p.m every day except tuesday

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and again i just want to kind of piggyback in a way it would be more helpful to know

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how you're going to actually use this space sure um i i really can't

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use this space sure um i i really can't tell and um again i i'm

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just um yeah i mean tmi that's that's fine i mean again i guess i had this swingers globe at

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seven oh it's one of my museums yeah yes yes yes yes so i was in about every court system with that

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one it's going to be shelving so i i guess the question the question would be is the individual

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rooms what are they going to look like are they're going to shelves are they're going to be chairs

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and i and i think so that we're not keep going back and forth i think what we need to do is

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um maybe uh get us a copy of what that would look like yeah and um and that way we'll uh

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we're going to hold the vote on this um i don't know that we could get it done in a week and then

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we're closed two weeks so i think what we'll do is we'll go to that third week that you just heard

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me talk about i'm happy to get this is a business that's trying to no no i know i i could get you

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the plans today if we could get this voted on if you want us to put it on the schedule next week

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we'll put it on the schedule next week what we'll need is exactly what was said i think what it would

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be is showing what the rooms are and and what's going to be there are you going to have chairs

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in the room or is it all open and just things on the wall and like he talks about shelving so i

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think that's what you should try to put on a drawing and i think everybody then would understand

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exactly what it is and maybe just a little bit of two of what what your logo would be right that

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you're going to put out right so that people have an idea what it's going to look like in front too

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okay um you can do that just a recommendation i think based on like the museum and the sort of

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class use you're going to have people that are like sitting and staying for a longer time

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than most retail sales and you only have a single stall bathroom and so you do you might want to

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also check code provisions because i do think you might end up having to need additional restroom

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facility okay yeah she said they have to okay okay um hillary

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yes mr chair you heard me right so we're gonna i did this it's it's basically closed other than

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received from them um i'm going to open it up to the to the virtual audience also planning

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beforehand so questions or comments from virtual i just had one comment too i just noticed on the

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refusal it didn't specify the location of the uses in the structure mr goldberg would would

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you object if the board grants to proviso indicating that the uses are limited to the

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first floor and basement no objection okay okay thank you questions or comments from the virtual

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audience or anything good morning chair this is jason hand i will be uh stepping in as calls

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temporarily we've got two hands up the first one is by alex andrea gerber i will promote them

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and they should be back in shortly.

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Hello.

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Sorry about that.

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Hi, good morning.

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Good morning.

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State your name and spell for the stenographer.

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Sure.

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It's Alexandra, A-L-E-X-A-N-D-R-A, Gerber, G-E-R-B-E-R.

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Do you swear or affirm to tell the truth,

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