civus
Hearing video

ZBA Hearing - June 5, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jun 5, 20245h 26m

this view is taken directly diagonal from the property in question

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We've also included interior photographs showing the small, roughly 1,200 square foot, bright first floor space.

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These photographs reflect the entire space, with all of these doors shown leading to utility spaces.

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The spaces already fit out with a bathroom.

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We did also include floor plans at Exhibit 7, showing the layout that is consistent with the layout that's shown in the photographs.

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So again, it's just one big open space.

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Currently, the space is approved for use as a community center, which is shown in the zoning permit that I've included at Exhibit 6.

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A community center is defined at Section 146014P of the Zoning Code as a space used for cultural, educational, recreational, or civic engagement purposes, owned and operated by a public agency or a not-for-profit, like right on time, and open to the general public.

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Nicole is seeking to expand the permitted use further to permit use of the building for an event assembly facility.

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As the board may know, the event assembly facility category was just added to the zoning code in December of 2023.

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Prior to this addition, all assembly type uses were either categorized as nightclubs and private clubs or more general assembly and entertainment.

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This was particularly problematic for uses such as the one today, where the nature of the use is not even remotely akin to a nightclub or anything remotely similar.

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Here, the original referral in this matter was issued in July of 2023 prior to the code being updated.

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As a result, L&I issued the referral for a nightclub and private club, but specified that it would be a banquet hall.

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As the Board will glean from our description of the use, even a banquet hall is a significant overstatement of the intended use.

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Conversely, the new event assembly facility use is defined at Section 146017C.4 as an establishment that accommodates private functions and that may or may not include kitchen facilities.

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The principal purpose of an event assembly facilities is to serve food and beverages to groups that have reserved the space in advance for civic, educational, political, religious, or social activities that may include banquets, meetings, weddings, and other similar functions for the individual or group and any guests to which the general public is not admitted.

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With the definitional context in mind, allow me to explain what Right on Time actually plans for this space.

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At Exhibit 8, we have included detailed information about the intended use, which I will summarize.

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On the second page, let me zoom out so you can see all of this, Nicole has provided a list of the proposed services.

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Many, if not most, of these aspects fit within the community center definition that is already

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permitted by right and operating in the property, such as food drives, voting booths, career

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development and entrepreneurship classes, job fairs, and networking.

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However, towards the end of the list are components of these, such as birthday celebrations,

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baby showers, art shows, bridal showers, and dinner parties. These facets of the proposed

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use fit squarely in line with the definition I provided earlier of the event assembly facility

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use, which is specifically intended for these types of smaller gatherings. This space will

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be open from 8 a.m. to 11 p.m. Monday through Sunday. At all times, approximately two employees

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will be on site to staff each and every event. In the packet and shown up on the screen,

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we've included the event space staff policy, noting that staff are responsible to ensure that

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all events run smoothly and are safe, including managing guests and visitors to ensure there are

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no crowds and certainly no gathering or loitering outside the premises. No food is permitted to be

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cooked on site. Right on time also has a policy, which is included in the packet, and I'll bring

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that up for you, that strictly prohibits all alcohol from the premises. This applies to any

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event, activity, or function being held in this space, whether indoors or outdoors. Event staff

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is responsible for strictly enforcing this policy. Right on time does not anticipate permitting more

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than 50 occupants at any one time on site, despite the building code lawful occupancy

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Despite the building code lawful occupancy limitations, that would be much higher.

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limitations that would be much higher.

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Trash is stored inside, and this property does have commercial pickup.

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Before I conclude with my argument, I'd like to bring Nicole up just to briefly share with the board her background and mission for this space.

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So if the administrator could look for Nicole Richardson.

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They've been allowed to speak.

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counsel counsel before she speaks did you go to the rco meeting did i were you part of the rco

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meeting i had not yet been retained mr chairman okay thank you

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hello uh mr chairman did you need to swear in a colon i do yeah please state your name

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and spell for the court stenographer yes nicole richardson n-i-c-o-l-e-r-i-c-h-a-r-d-s-o-n

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Do you need me to turn my computer up?

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

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Yes.

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Please proceed, counsel.

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Thank you.

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Nicole, I've already given the board some basic facts about your use, but if you could just supplement that a little bit with your background and your mission for this particular space.

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Yeah, so currently I am a business, current business owner of a child care facility, and I consult with a nonprofit.

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So I'm just looking to get a space that will provide as a resource hub and community hub for the neighborhood and allow families to come together with events, provide a space for the neighborhood to have voting booths there or food drives, back to school drives, all gearing towards the community.

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When I first applied for the zoning, it only allowed me to apply for the nightclub, private club, slash banquet hall.

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So it kind of deterred the neighborhood away from what I was actually trying to do.

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But once I was able to knock on each of the doors that was provided in the address list, I was able to explain exactly what I was trying to do.

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And that's how I obtained the 31 guesses in the signature.

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Thank you, Nicole. Stick around just in case I need you again.

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Okay. With respect to the application, as the board knows, the application received one referral

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for the proposed use. As noted, we are requesting the board issue a proviso clarifying the use as

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an event assembly facility. As is required by Section 303.7E.1 through .3 of the zoning code,

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the proposed event assembly use meets the definition of a use permitted by special exception

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in the CMX2 zoning district. Furthermore, the proposed use will not cause specific detrimental

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impacts to the neighborhood beyond that which might normally be expected from the proposed use,

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and this is especially true for this case where this is just an expansion of an already permitted

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use of the space. The proposed use will not cause congestion in the public streets or overcrowding

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of the site. This is a very small space that will accommodate small-scale events that do not pose a

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risk of creating congestion, either within the space or within the surrounding community,

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particularly in light of the much more impactful uses on some of the adjacent corners,

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including the bar, deli, and family medical practice. As noted, Right on Time has strict

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written use policies and on-site employees to manage the use of this space and to ensure that

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guests are complying with all use policies for the space. The event assembly facility use will

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not add any significant congestion beyond what would normally be expected from a community center

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type of use or an expansion thereof that accommodates small-scale gatherings such as

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baby showers. This proposed use is a natural expansion of the existing use and will not

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create impact that is beyond what would be expected for this type of use. The use will

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not impair light and air to adjacent properties, as no physical changes are proposed to the new

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construction building. The uses will not burden any public facilities, nor will it injure the

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use of adjacent properties. The property is owned CMX2 and is specifically contemplated

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for mixed commercial residential use. The property is further surrounded by predominantly

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multifamily residential uses, which will significantly benefit from this type of

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community-serving use. The new construction building and space have been built with all

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appropriate utility connections and capacity to accommodate a commercial use, and this particular

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use poses extremely limited utility demands. The proposed use will not endanger public health or

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safety, nor is the use inconsistent with the comprehensive plan. This area is zone CMX2 and

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This area is zoned CMX-2 and is specifically contemplated for commercial and assembly use.

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is specifically contemplated for commercial and assembly.

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The proposed use is in keeping with the impacts that are normally expected from the proposed use

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and is specifically contemplated as an allowed use in the CMX-2 zoning district.

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As the board has heard, Right on Time is a community-oriented organization

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that would like to continue serving its community by providing a safe event space

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and will have a positive impact to the neighborhood and the surrounding community.

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Regarding the community, as you know, Nicole met with NOAA back in September.

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Seemingly, there was a significant misunderstanding amongst community members as to the intent for this space.

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Let me just bring up the letter to reference.

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The vote was ultimately seven opposed, three support, and four non-opposition. So essentially

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a washout in terms of vote balance. Following that meeting, as Nicole testified, Nicole was

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in contact with both NOAA and the councilman's office on at least three different occasions,

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seeking a follow-up meeting to clarify some of the clear misunderstandings that were stated in

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the RCO letter. Neither our office, Nicole, nor the councilman's office, to our understanding,

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were successful in receiving any response. We do understand that NOAA may have just undergone

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a leadership shift and that that may have led to some trouble in receiving a response.

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Regardless, to address some of the community's points specifically,

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The letter notes that the corner of 66 and Lansdowne Avenue has, quote, repeated nuisance activity and references a shooting at the bar across the street.

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As the board knows, this type of generalized speculative concern that actually concerns an entirely different property and bar restaurant use does not rise to the standard necessary to warrant a denial of this special exception.

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Furthermore, the community expressed concern over parking, which is a perfectly valid concern.

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However, the zoning code does not require parking for this use, and given the community-centric

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nature of this use, the community has not established that this particular use will

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substantially increase the parking burden already created by other commercial uses in the neighborhood.

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The next two points are simply factually incorrect. As we noted, alcohol is strictly prohibited. So we're unclear where the community believes that alcohol will be permitted, given there is a written policy that alcohol is prohibited.

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Furthermore, contrary to what is indicated in this letter, there will not be any armed guards on site. This type of use certainly does not justify that type of measure.

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Aside from Noah's letter, the exhibits include a letter of support from the Lancaster Avenue 21st

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Century Business Association, try and get, there we go, noting the minority-led collaborative

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effort driving this project. Additionally, Nicole went door to door and was able to secure

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signatures of support from 31 of the immediate neighbors that were within the 250-foot radius

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that is provided by code. This is a clear representation of the broad community support

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in the immediate community for this use. Once the applicant has met its burden of establishing

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entitlement to a special exception, only then would the burden shift to an objector to establish

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that the use is substantially likely to cause a detrimental impact on the health, safety,

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and welfare of the neighborhood, exceeding that which normally might be expected from the proposed

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use. This burden is squarely on an objector, and the presentation today clearly establishes

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that the community has not met that burden. We therefore assert we have met the requirements

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of Section 3037E.1 through .3 of the Code concerning entitlement to a special exception,

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and we therefore ask the board to grant our application.

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Nicole, if you could unmute yourself again.

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Yes, I'm here.

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Nicole, have you heard all the testimony and evidence that was offered in front of the board today?

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Yes.

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Would you agree that testimony was true and accurate, and would you adopt it as if it were your own?

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Yes.

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Thank you, Mr. Chairman.

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before i give it to the board was your client involved in a conversation about securities

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with the armed guards so yeah um i can speak there i'm sorry um because um that

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So, yeah, I can speak there. I'm sorry, because that means she's going to answer that.

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Yeah. Mr. Chairman, she's more than welcome to answer that. She was present during that meeting.

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I was not. OK, good. Thank you. Yeah. So, yeah. So when we were talking, when I first met with the neighborhood committee,

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they were saying that they were having concerns about the shootings across the street from the at the bar.

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So I had made a suggestion, like, you know, if you guys want, I can have armed security at the door to protect your neighborhood if you feel like the security of gun violence from the bar is an issue.

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They said they didn't want armed security.

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So I said, okay, no problem at all.

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That was just a suggestion.

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We can just have employees on site.

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Okay.

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All right.

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All right.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No questions, Chair.

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questions or comments for our attorney hillary emberson um just two quick things one um i

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noticed that the ownership of the property changed since the refusal was issued i assume that the

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tenant um is continuing under the the current owner that's correct hillary yes okay thank you

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And then the other thing, the other thing is, sorry, the request for proviso to specify the event assembly facility, we actually, we can't do that.

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I've had this conversation with L and I. They have to look at the code at the time that the

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application was filed. And at the time this application was filed, the use that would fit

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would be nightclubs and private clubs. So unfortunately, we can't do a proviso to change

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that because it would be inconsistent with the timing of when it was filed with what was in the

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code at the time. So Hillary, if you recall, we had actually reached out to L and I requesting

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an amended refusal they they declined to do that and they had asked mr reuter for his opinion and

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if you recall he had responded uh in a way that is contrary to what you're saying right now

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okay i i do i do not recall that um i do not recall that i can take a look at that but that

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I have when I've discussed the issue with L&I that's what they have told me so yeah I mean we

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specifically asked L&I about two months ago to issue an amended refusal to avoid this issue and

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they basically told us we can't do that we had then spoken with Len and he said if the use is

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an event assembly use then you can just issue it via proviso so um okay yeah that's not that's not

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my understanding because they're still

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looking at the

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code at the time the application

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was issued. That's why they can't issue an

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amended refusal. So I don't

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know how we could do

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something different with a proviso. We're

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looking at the code at the same time as

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when the application was issued.

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So, I mean, I can

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take, I'm happy if you want to hold it, I can take a

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look at that, but that's just not my

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understanding.

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Okay, so questions

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or comments from the virtual audience?

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yes mr chair i have a hand up from a pete felder i've allowed them to speak

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hi sir could you please state your name as spelled for the court stenographer

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yes my name is gregory felder and i'm known as p um okay unity yes could you spell your name

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please yes my first name is g-r-e-g-o-r-y my last name is f as in friday e-l-d-e-r

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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 do swear.

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Are you a neighbor, sir?

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I am.

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Please proceed.

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I want to get right down to Ms. Richardson saying that she stated that if we wanted armed guards, no, we asked her would there be guards, and she stated that there would be guards.

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I asked her if they would be armed, and she stated they would be armed.

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so i don't know why that was said that she asked if we wanted we we didn't say that that question

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was never presented to us we presented her with a question secondly as far as the the bar and

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restaurant across the street we understand that the there have been murders at that bar shootings

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within 10 25 feet of that bar and that's the bar there is the restaurant call it what you will is

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a takeout beer i'm not even gonna call it a deli because that's not the official name that's not a

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delicate test it it is a nuisance in our neighborhood and many young men have lost their lives there

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It is a nuisance in our neighborhood, and many young men have lost their lives there.

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