civus
Hearing audio

ZBA Hearing - March 4, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Mar 4, 20268h 6m

single-family. The property has non-conforming real-home structure presenting unique physical

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conditions that would prevent it from being used in conformance with the industrial zoning. The

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the proposed use would be allowed by right under the recommended zoning the planning commission

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proposed use would be allowed by right under the recommended zoning. The Planning Commission

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recommends that the board grant the requested variance for single-family household living

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recommends

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mi2025-005-494-2719 federal street i vote yes michael johns my vote is yes

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cheryl gaston my vote is yes tenetta graham my vote is yes my mcadams my vote is yes

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Mr. McElhatton.

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Thank you, Jim.

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Thank you.

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Daniel McElhatton.

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I apologize.

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I have not been able to.

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No, your time is valuable, and I have wasted some of it.

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So you're still working on it?

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No, I've worked on it in that period of time.

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I would like to make the oral presentation.

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We have presented our packet, and I think,

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and I'll let the board decide what you wish to do let's see can we pull it up yes chair this is

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Ian Haggerty I can pull up the exhibits give me one little so Daniel will you be able to see the

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computer yeah I can see okay and while Mr. Haggerty is trying to help me out I mean he he helped us

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all if you if you're interested well um this is a property at the corner of castor avenue and bridge

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street in the northwood section of the city uh it's the end of a row of the row houses in the

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5200 block of castor avenue on the west side um i know this area intimately it having been my

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i was a committeeman for that division for 20 years and uh my first understanding of the use

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of the property was when it was a blockbuster video store. It then became a hair salon.

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My client, Yannick Nobrum, purchased it in August of 2023 with the understanding and the belief

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that she could use it for a staffing location for her home health aid business. And that home

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health care aid business has been running out of that location. Thank you, Mr. Haggerty.

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you know and from 2023 she became aware that she was in violation after she put a sign up on the

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outside if Mr. Haggerty you could slide down to there is the photograph of the outside of the

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the facility it shows the first the well it's I can't turn it around but if you can

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And that's the exterior on the first floor on Castor Avenue.

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And you'll see that it is business windows on the first floor.

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And it is in that area where she has her staffing agency.

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She runs it with her children.

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And the no clients who are served come into the facility.

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It's only staff and occasionally the staff who go to the homes will come in for training or for other information.

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If you could move down, Mr. Haggerty, one more.

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That's a side picture of the office location.

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and they're all there we go um that's that's what the office location looks like and you can see

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that that there are windows in there that go to the outside but it's not configured it has never

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been used for anything other than commercial purposes and that those commercial purposes

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are you know consistent with what i've mentioned in terms of the blockbuster video and the um

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hair salon. There is across the street, across Bridge Street is just an open piece of ground,

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residential properties on the other side of Caster Avenue. There will be no, it'll only be

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open during the day hours and only workers on the site. And occasionally a staff member will be in

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for training or something of that property, that, that nature. And so let me ask you, is the

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business just that bottom level or the whole building just the bottom level it's a single

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family residence above okay and we gave notice to all the neighbors and as you see northwood

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civic uh supported the proposition and as well as councilwoman lazada yes so uh i would request

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that you consider you see other pictures on the side there the postings and uh the uh the windows

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they are they're not residential so it really doesn't have a functioning use as

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a residential ground floor level and we would request that the board favorably

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And we would request that the board favorably consider our request for a variance.

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consider our request for a variance

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Okay.

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Questions?

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You want to bring your client on and adopt your testimony?

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Yes.

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You're right.

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Her name is Yannick Nobrum.

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Okay, Yannick.

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She had told me earlier she was on and listening to all the presentations.

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She's been promoted.

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Okay, good.

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thank you yes can you hear me i can could you please state your name and spell it for the

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stenographer okay my name is yannick noborn okay um do you just could you spell that please for

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the stenographer okay yannick y-a-n-i-c-k no one n-o-b-r-u-n do you swear or affirm to tell the

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truth the whole truth nothing but the truth yes i do counsel yes mr nobram you've heard my

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representation about your use of the uh ground level facility for your staffing agency loving

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and divine home care um do you adopt my representations as your own all right

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i'm sorry what was the answer yes yes yes okay thank you all right questions from the board

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Yes. What kind of business are we talking about operating here?

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She has staff that go out to homes and take care of people in those homes.

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They're assigned there by loving and divine home care.

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Okay. And so then this is.

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In one of your prior applications, there was a home health, a home health care.

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these folks under Medicaid or other insurance would go and assist the folks in their own home.

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So this is for the paperwork, the billing, and that kind of thing?

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Exactly.

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They won't be operating out of there, correct?

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They will not.

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It's more like administrative services, support services for the aides that go out and actually visit the patients?

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Yes, ma'am.

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Okay. All right. Thank you.

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Other questions?

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Questions or comments from our attorney, Hillary Emerson.

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Yeah, I just wanted to note, I just looked at the zoning history quick in terms of whether this was considered like a ground floor or a first floor.

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Yeah, I mean, that's...

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It's recognized as a first floor on a prior permit.

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So this will be first floor only.

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Right. And just noting that signage was not included in this application.

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there um they the applicant will likely need to submit separate permits to have signage of the

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property yes questions or comments from the virtual audience no answer um planning commission

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thank you boy with the planning commission the comprehensive plan recommends no change

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in zoning to the existing rsa 5 residential single family the property has a documented

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history of commercial use on the ground floor since at least 1971. The Planning Commission

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recommends that the board grant their requested variance for business and professional office.

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How do you want to provide so for the signage? We don't need to provide. I'm just noting for

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the record that it was not on the application. Okay, so MI 2025 001 543 5260 Caster Avenue.

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i vote yes with proviso first floor only michael johns my vote is yes with proviso

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cheryl gaston my vote is yes with proviso tenetta graham my vote is yes with proviso

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ryan mcadams my vote is yes with proviso thank you thank you councilman we appreciate it well

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okay um number number five okay mi 2025 005 530 7803 frankfurt avenue justin crick is the attorney

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oh one second

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let's choose that camera

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there you go

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I mean I knew you were there

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I just couldn't see it

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please state your name

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and spell for the stenographer

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yes thank you

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Justin J-U-S-T-I-N

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Crick

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K-R-I-K

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do you swear or affirm

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to tell the truth

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to tell the truth the whole truth and nothing but the truth i do counsel could you identify your

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The whole truth is nothing but the truth.

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I do.

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Counselor, could you identify...

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your client the relationship to the property yes my client is winifred crofa she is a principal of

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the lineup corporation which is the uh the tenant of the building that operates the existing

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restaurant there's a letter of non-opposition from holmesburg civic association with proviso

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our our vice chair has a few questions for you sir um good evening good have you submitted your

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documents and exhibits five days in advance in advance of this here I have

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the exemplar pages of the lease came about maybe four days but I was just

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gathering those but the remaining documents were submitted great and do

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you waive the reading of the referral or stipulate to its accuracy I do thank you

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you can share your screen proceed with your case thank you

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all right members of the board thank you for uh staying late this evening um we are here to uh

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to handle a referral to the zoning board for this property the the property at 7803 frankfort avenue

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is currently uh being used or at least the first floor is currently being used as a restaurant a

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sit-down-eat-and-restaurant that serves primarily a West African cuisine. And what we are seeking

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is for the ability to have assembly and entertainment in that structure.

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The assembly and entertainment we're looking for isn't club or party in the sense of

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boisterous and rowdy. It's more of this restaurant would like to be able to host

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private family gatherings of that type of nature. No alcohol is, you know, intended or permitted on

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site, but we would like to be able to use the restaurant to be able to have things like karaoke

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night, game nights, quiz nights, as well as, well, primarily those and those events. But let me give

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you a little bit of background first to where we're situated. The property is located in the

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greater northeast philadelphia area between hartel and decatur right along frankfort avenue which is

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a pretty big commercial corridor in the northeast and as i get a little bit closer here you can see

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that it's not the corner property but there is a church on the block and i point that out because

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the existing restaurant you know brings patrons in anyway we don't believe that there would be

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any greater parking or congestion with this ability because, as I will point out shortly,

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we do intend to limit the occupancy number. So this is the front of the building. We're only

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dealing with the first floor. The residential tenant above has not had any complaints with us

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at this point with anything, not that there's been music because we don't have the approval,

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but they've never had any issue with us as a tenant in the property.

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this is looking i believe south down frankfort avenue towards the city and then you have the

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the northbound view with the restaurant over here and when you come into the restaurant this is what

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you see now we have we again this is only a special exception for the assembly and entertainment

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we are still in the process of obtaining the certificate of occupancy for the basement it

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has been fit out and the plans are being submitted for that certificate of occupancy so until that's

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approved we are still talking about just the first floor but we anticipate that approval shortly but

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when you walk into the restaurant as you can see that it's a it's a standard narrow size of these

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these types of homes that have the commercial first floor but you know seating along the sides

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this is the other direction so the intent would be to have people being able to sit down or gather

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in this space the rear of the property has your exit to the back there are restrooms on the side

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and then the kitchen i'm sorry i didn't get this one oriented well but the kitchen as far as i've

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could see myself and been told it's pretty immaculate for restaurants these days and here

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is the basement space that is set up but not in use at the moment because we are still trying to

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get the co and the approval to have anybody in that space but again the idea would be you know

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sweet 16s lifestyle life life events um uh and then again upstairs and so the the idea of trivia

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nights game nights karaoke nights or even tv sporting events there is an intent for potentially

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to have a live entertainment in terms of a dj for a private party but only for private parties it is

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not a uh advertised for for uh you know party evenings now there they do intend to advertise

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for things like a karaoke or a quiz night but private parties are not uh it's it's not like a

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friday night destination place for a party so it has to be reserved or be one of these nights

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and they are specifically talking about like a third

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i think we lost you

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I think we lost you.

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Justin?

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Notable is that this property does have multiple...

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So, Justin, we lost you for about two or three minutes there.

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Oh, I'm so sorry.

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Yeah, yeah, that's okay.

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Just back up a little bit.

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Okay, okay.

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Well, I will then make it quick and see if I, you know, hopefully it's not repetitive for you.

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But so essentially, the idea is that the both floors could be used.

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I don't know if you saw the first floor from both directions, both angles.

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And then we have a basement, both directions, both angles.

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So it's more of a Wednesday night trivia night, Thursday night karaoke night.

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And then Friday, Saturday night events would be the on-demand kind of if someone reserves it for a family event or so.

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now we do have multiple means of egress from the first and second floor and as

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I'll just show you the floor plan for a minute you can see that we have the

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ability this is the basement so the basement not only has one here but we

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have an exit out to the rear of the property for fire purposes but I will

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note that the applicant is limiting its occupancy to 49 people it does not wish

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to have more than 49 people because as you are all well aware that that would

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trigger sprinklers and other things. So we are only seeking a limited occupancy for the entirety

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of the building where the total load of the building is actually about 83 people. So we don't

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intend for this to get out of hand. The principal, when he is on air, monitors how many people can

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come and go. The hours of operation are generally Monday through Thursday, 11 a.m. to 8 p.m.

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Fridays and Saturdays would be 11 a.m. to 12 a.m.

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And Sunday would be 11 a.m. to between 6 or 8 p.m., depending on if there's something happening that night or event.

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