civus
Hearing audio

ZBA Hearing - March 4, 2026

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

I attended, Melody attended.

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We also had John Cristinzio.

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He's her expediter.

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He attended that second RCO meeting.

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um he is also in on this on this meeting on this zoom call is along with ray white the architect

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who drew up these plans um and um i do have in the room with me jan

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frajda um and he'll be testifying shortly he is um a near neighbor he is right behind he lives

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he lives at 600 mccain he's right behind mckin why don't you bring it why don't you bring him

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on now yeah i i could bring him in and because he did attend he did he did attend the vote and

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it's his position please bring him on yeah i'm over here now speak loudly so the microphone

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can pick you up who's there yeah no he's here he's here oh good hello my name is jane frida

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hi sir could you please state your name and spell for the stenographer more than i'm going gay and

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again

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f-r-a-j-d

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R-A-J-D.

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do you swear or affirm

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

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to tell the truth

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Yes.

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Mr. Vaccaro?

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Yes, thank you.

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Can you hear me?

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Yes.

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Okay, good.

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A lot of times the microphone doesn't pick up here when I'm questioning a witness.

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Mr. Frazier, were you there?

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Were you physically present at the RCO meeting in January?

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Yes.

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Okay.

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Well, I want to focus on the January.

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one okay so you were physically there at the january meeting and you heard my presentation

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along with mr christianzio's presentation correct and uh after we made our presentation melody

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john christianzio and i we we left the meeting so that the um so that the rco and everybody that

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attended could discuss the project right so please tell the board what was that discussion because

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The discussion was like a denying DD, the fraction we're doing, and with no vote taking, just a discussion.

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I don't know how no vote whatsoever.

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Okay, so there was no vote whatsoever.

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Did you see the letter from the RCO? I showed you that letter?

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Yes.

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And it showed a 30 to nothing opposition, and you heard Mr. Bergman at the beginning of this hearing, you heard Mr. Bergman say that it was a 30 to nothing opposition.

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nobody vote nobody voted nobody voted okay and you also gave me an email confirming that and

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that's in my exhibit packet correct right okay if I could stop sharing this and and I'm not okay

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you could set you could sit and I'm sharing back to my exhibit packet okay do you see the tax

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clearance certificate mr bergman it hasn't come up yet it should it's up yep okay you see the

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tax letter okay fine yeah it's going to zoom on down this is page 35 of the exhibit packet is

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this the email that you had sent me dear joe my name is jan and i'm melody's neighbor yep okay

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so that's your that's the email that you sent me on january 27th right correct right shortly after

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the um rco meeting yes okay and the rco meeting took place on january 14th okay and uh is everything

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that you wrote in that email the truth yeah and you still stand by it yeah okay um do you have

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any problems with melody's uh plans no okay uh if there was a vote would you have voted

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and you and how would you have voted you know backing up melody backing up melody now melody

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standing to your left right here that's why you were looking at melody right okay and i'm standing

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to your right right okay uh does the board have any questions of mr well joe joe why don't we do

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this why don't you bring your client on have your testimony adopted and if there's any questions

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we'll go from there okay sure okay melody have a seat

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hi melanie could you please state your name and spell for the stenographer

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hi this is melody england e-l-o-d-y last name n-g-u-y-e-n right do you swear or affirm to tell

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the truth the whole truth and nothing but the truth yes mr vicaro miss gwen good morning did

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you hear my presentation to the board do you agree with it did you have anything

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else to add or take away from it no okay would you adopt it as your own testimony

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if you were testifying would you adopt it as your own testimony oh does the

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board have any questions why don't you sit that one why don't you sit back down

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in the seed okay all right and then what we'll do is we'll see if the board has any questions

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that you can help filter through that first questions from the board and if there's any

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technical questions we could bring any of them Mr. Vaccaro I know that you have your architect

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there okay thank you this this is not a question this is just a statement and comment all right

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The deck legislation that was adopted back in the 90s only has two restrictions with respect to decks, okay? And they are, number one, that you can't have stairs, which is not what we're talking about here.

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But the other one is that there can't be a permanently affixed roof, okay?

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Okay, so what you've done is, and there are also some restrictions with respect to the amount of coverage there can be of a deck with respect to a property.

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So what you've done is, and there are.

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So you have this whole thing is one with the permanently affixed roof on. What is in effect an addition? It's not really a deck anymore. And then with respect to the amount of coverage of the deck with respect to the property.

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And so, I mean, you're now saying, well, now we're going to try and fix it. But the problem is that you did it in the first place without a benefit of any permits, for which I don't think you would have gotten them in the first place.

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And then there's the whole issue of now you're talking about converting it, but you're still going to have more in terms of the coverage of this deck that you're proposing.

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I mean, this is pretty extensive. And, you know, this is why we ask people to get permits before instead of asking for permission after.

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That's my comment. And you can explain or you can say that, you know, the unscrupulous contractor is the one who, you know, is responsible. In the end, the property owner is responsible.

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They are supposed to make sure that there are proper permits before they let anybody make any kind of alterations to their property.

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So I'm having a real problem with how this came about and how outside of the bounds of the code that this is.

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and so you know that's that's my comment statement with respect to this um okay any anyone else yeah

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I have a question about the parking space is the intent now that the parking space is going

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to be in the that space where there's now no deck but at the ground level correct okay there's going

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to be a rear parking in the back yeah and have you done because like in your plan it didn't show

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the turning radius i'm now just curious how this lines up with the structure for the deck because

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the previous deck was done you know without permits it's sitting on top of a what looks

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like a rear shed that's not attached to the house or it wasn't clear if it was attached to the house

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and i just didn't i just want to make sure that there's clearance for a parking space

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yes there there certainly will have to be clearance uh if i could show you

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i understand like permit wise there will have to be clearance and that doesn't have to get

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permits but right now the site plan is shown didn't depict it that's that's why that's why

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there's that that that empty space in that corner you see where my cursor is can you can you zoom

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in it's also it was zoomed out and it's pixelated so just it's a little difficult let me see how i

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can uh zoom in uh let me see it's not zooming in okay it's telling me that it's 200 but it's just

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not zooming in i'm sorry yeah i think your your image it's an image it's not the original drawing

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it's pixelated so this is one it's really hard to read this two that is very close to the edge of

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the alley like so like one I question the turning radius coming from the from

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Bingham Street into the alley to be able to even make that that's a very sharp

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turn and yeah I also feel like this does not show the shed like the shed that is

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in all the images the shed that the other deck is sitting on top of I think

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to like both be able to understand where that shed is in relation to the rest of

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this i think these plans just need to be updated i could bring in mr christenzio to answer some

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of those technical questions uh there was an issue of a um of a column that's that was in the way

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that um mr christenzio might be in a in a better position to to address i don't think we need him

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to address i mean the drawing should show it i think a question i have hillary can we just

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yeah hold this for a corrected or a clearer drawing

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or just if the board wishes we can we're going to do a resumptive joe so just come back with

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better plans and uh we're going to have a we're going to make this a resumptive hearing on 5 19

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2026 at i'm not sure the time

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2026 at I'm not sure at the time 2 3 30 9 30 so 5 19 20 26 at 9 30 we'll come

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back 9 30 so clearer drawing with regard to sure that we can understand it a

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little bit more yet for the parking space like the parking space is part of

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this permit so like you focused a lot on the deck and now on the parking

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for the parking space understood any any other questions or issues then

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no i i think at this stage we'll we'll just have to take another look at the drawings that's right

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so mr shared the resumption hearing we'll do public testimony in the planning commission's

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recommendation yeah and we'll be here yes all right all right thank you and if i'm if i just

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may address uh uh miss gaston's comment about that roof structure again here as part of this

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Joe, listen to me. You're coming back. We'll give you an opportunity when you come back

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to do it then, okay? Thank you. All right, sure. Have a good one. Thank you. All right,

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so we're going to go to our last case this morning, number 13.

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MI 2025-005-362-1941, Cala Hill Street. Darlene Street is the attorney.

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arlene has already been sworn in

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and we received the deed for that matter good thank you

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darlene three will be coming back in as a panelist okay

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the 10-9 voting yes if you don't like that good morning good afternoon

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commissioner i'm sorry that you were the last case when you were there earlier uh thank you

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very much for sending us the deed we appreciate it just for the record could you state your name

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because you've already been sworn in darlene fritt all right and just for point of information

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there's non-opposition from the council member young and there's a letter of support from logan

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square neighborhood association yes so why don't you start okay

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Do you see my screen?

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We can.

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okay good afternoon commissioners darling on behalf of the applicant dragon series llc

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today i have my client uh which is a part of dragon series llc mr michael munter the other

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part of this corporation is mr tim can tell who is not in attendance today

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a commissioners i submitted a package of exhibits which contains the syllabus let me just make this

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little bigger use permit application refusal appeal property information form tax information

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it says deed permit plan pictures letters of support and we and we have all of your documents

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now so you can go right to pictures and plans and i think that's where we okay great so while i go

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there i just want to give you a little background my client uh tim tempel um purchased this building

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um back in um i believe march or so to build a new structure we did go ahead and get a zoning

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permit to build a two-unit dwelling which has been issued with commercial on the bottom

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we didn't um ask for the cat2 parlor at the time of the original zoning and so i was hired to

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present this to the board today.

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Mr. Kempel, as well as Mr. Michael Monter,

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has a tattoo history in the city of Philadelphia.

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Mr. Kempel is the proprietor of Villain Arts.

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He has the tattoo convention here every year in the convention center,

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as well as having a tattoo convention in 30 other states in the USA.

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Currently, he and Mr. Mentor is associated with three tattoo parlors, the floating tattoo on South Street, the hunter-gatherer parlor in West Philadelphia, and Philadelphia Eddy on South Street.

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I do believe I brought one or two of these applications to the board.

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Currently, what I have in front of you are the plans.

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I'm just going to reduce that a little bit more so you can see the whole plan.

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Okay. So first, I just really want to show you this.

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So, first, I just really want to show you the space that we're looking at.

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Previously there was a building here which was demoed, and now it's just an empty space.

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We would like to, and we haven't started, to build a three-story building with two units

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on the top with a commercial space on the bottom.

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This is how the front of the building will look.

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This is the commercial area on the bottom and this is a side elevation,

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and this is a back elevation of how the building presents itself.

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I'm going to scroll down to the site plan.

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This is just a site plan to show you how the building fits and lays out on the street.

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Now I'm going to go down to the floor plan.

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and i'm just going to reduce it a little bit more so i can fit the whole plan in there

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so basically uh commissioners we would like to have a a two floor tattoo parlor currently well

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not currently because it's an empty lot right now but here's a layout of the bottom floor and you

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can see there is a window well exit in the back here you can also see that there's a light well

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here and here are the steps I'm gonna go how we would like to sit out the seller

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plan and we have it laid out here basically you can walk down the stairs

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from the first floor we have a bathroom here we have the service areas in the

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back here and I'm just gonna move it up a little bit and just enlarge it a little

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bit so we could just see it a little bit better so um in the basement area um there's an office

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for administrative purposes there's kind of like a lounge area here with a couple chairs and a

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refrigerator and a sink it could be used for the staff or the customers we also have a bathroom

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here and we have the sinks i'm here for our washing equipment if we go up to the second floor

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which is really the first-level floor.

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I'll just move that over a little bit more.

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This will be the layout of the first floor plan.

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You would enter from Callow Hill Street.

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We have a light well here that actually goes down to the basement,

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so there's more light in the basement we have a sitting waiting area here we have a little

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also sitting waiting area here we have the reception area and as you traverse towards the back

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we have the um service area here again upstairs here we have the what we call the bio uh

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This is where we sterilize medical equipment, and this is where the medical needles, et cetera, are stored for waste removal and pickup as needed. There's a little separate area for that.

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and i'm just a little bit more so we can see the back area a little better

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in the back here also we have the uh piercing station uh we have another wrestle in the back

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and then we have a back door um there's a little back yard here that i could have showed you on

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the site plan where we uh plan to store the uh trash until trash day uh we do plan to have four

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employees. All of our employees will be certified. They will have the blood

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pathogen certification as well as a license from the city of Philadelphia.

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This is how the lot looks currently. Here's my little posting down here.

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Basically the buildings have been demolished or construction hasn't

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started as of yet. That's just another look at the open space.

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that's the original picture i took and then i just showed you the surrounding area diagonally

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of course from it is the barns theater uh down the street is um i think it's whole foods across

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the street is a big parking lot the courthouse is back there over in that area that's just another

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look down callow hill looking towards the east

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That's looking west down Callow Hill.

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Target is kind of obscured by the trees, but you can see the sign.

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Target is on the right over there.

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that's another look at the big parking lot across the street another look

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