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Hearing video

ZBA Hearing - April 30, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 30, 20257h 43m

to proceed with this case five days in advance of this hearing uh yes i have thank you council

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please proceed and tell us about this beautiful project yes um i will ask that if someone can

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give me the council member uh richardson's uh letter i did not include that as part of my packet

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it. I never received it. So I just wanted, you know, I would also ask that this be a resumption

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hearing. We do have a meeting hopefully scheduled with these, with the coordinating RCO and other

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members of the community. So we're hoping to, you know, hopefully enter into some type of

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community benefits agreement and that one of the members should be on line. You want to make a

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presentation and we post the vote that's right that's right okay and and my understanding is

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that we agreed to with the dba's administrator for the first wednesday in june which i believe

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is june 4th to have this as the resumption hearing date i i talked to mr haggerty okay i i did not

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receive that information but doesn't mean you're wrong i don't know if um miss dandy can confirm

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that yes all right so this is really not this is a nice project i mean i i don't know how many of

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you go down City Avenue. I don't go as much. My wife is from Hevertown. So when we're going to

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her parents' house, we'll drive down there. So somewhat familiar. My father-in-law used to be,

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well, he was a mechanic before he retired. So his shop was a little bit further down.

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So familiar with this area. And actually I've seen this property on many occasions and it's

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been abandoned essentially for like eight years. Uh, my client, um, is looking to put a beer store

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in here, not a beer distributorship, a beer store, um, in terms of having a more boutique

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opportunity, um, to sell a beer and, and, and like maybe seltzers, alcoholic seltzers and stuff.

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So Nick, can you just start with the notice of refusal? All right. So this is a CMX two and a

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have property um oh my objection is the fact that you know i believe that the use should be food

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beverages and groceries i i looked on and see and i looked at other beer distributors there is an

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example of a beer distributor actually in my neighborhood on callow hill the 1800 block of

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callow hill where it's they had food beverages and groceries as as part of to be a beer distributor

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So I would say that if that's the case, my client should have this, the use, forget about the everything else, but the use should be as a matter of right.

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Is that that's stones?

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Yeah, I think so.

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I mean, if you, Mr. Augustin, if you're going to, if you want to make that argument or have L&I reconsider, we'd need to get L&I involved and have Mr. Reuter involved.

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The board can't decide to change the use.

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No, I hear you. And maybe I'll reach out to Mr. Reuter and give him an opportunity before the June resumption hearing in that respect.

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Yes, I would recommend doing that if you're going to contest that the use and the refusal is incorrect.

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So maybe we'll have Mr. Reuter show up in June to give a determination. But I do believe that that's a buy-write option.

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Now, what my client's doing is he's taking this one-story structure, which last was a furniture store in, I think, 2017-ish.

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and he's expanding that that structure and you know so we have some issues in terms of

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the non-conformity of the building structure we're expanding it out and that's refusal number one

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um the trash collection you know in terms of the loading zone uh is i guess refusal number two

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because we're 50 feet from a residential zoning district again the trash area isn't closed

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and you know they'll you know we're hoping you know that the board understands that we're trying

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to be have a responsible use of the property the third refusal has to do with the use which we can

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test but regardless we think that this is a cmx two and a half property it's on a commercial

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corridor, it's not out of character to have similar type of use.

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And you'll see across the way, there's a wine and liquor store on the Montgomery.

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there's a wine and liquor store on the montgomery montgomery county portion of city avenue

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then you look at the landscaping requirements to adding about your you know trees and some other

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parking requirements i think there was a misunderstanding in the original submission

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we were not changing the parking at all in that property we're going to obviously clean it up

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like have lighting, have security, but the parking already exists. So Nick, can you go to the next

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page? So, and again, there's additional refusals about the parking, which is not changing at all

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from its current condition. So next. So again, this is what I looked at the zoning code,

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you know, for food, beverages, and groceries uses that sell or otherwise provide food or

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beverages for off-premise consumption, which a beer store does, including grocery stores and

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similar uses that are incidental and accessory food and beverage services as part of their

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primary retail sale business. In addition to serving, you know, beer and alcoholic seltzers,

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there'll be like, you know, selling of candy and other things. So it fits within the definition of

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food, beverages, and groceries. Now, comparison, the next page, you know, what Ellen and I believes

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we fall under is wholesale uh sales and distribution uses engaged in the wholesale

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sale bulk storage and distribution of goods um and and it says such issues may also include

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incidental retail sales here all we're doing is retail sales you know you know we're selling

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you know once in a while a keg but like for the most part i think you want to get this on the

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record but i think this will be something you'll have to explain the next yes okay all right thank

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you next and that's just the permit from the previous next

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and we did meet with the community honestly i actually thought it was a very productive

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community meeting um i thought that they there was a good dialogue between us and the community

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in terms of talking about like what restrictions we can have in terms of hours of operation

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A lot of community benefits in terms of our hiring practices, having a livable living wage, having security, limitations on matters that were life quality issues.

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um unfortunately at the conclusion of my presentation uh it was stated by uh council

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member richardson while that's all fine and dandy we don't like alcohol in our in our community

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period um i you know again there was a previous presentation about a restaurant at that same

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location and they were against it because it was alcohol they were against it because there was

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consumption of alcohol at the premises. Here, it's a little bit different. There is no consumption

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of alcohol at the premises, obviously. And then their second issue had to do with we're near

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some universities and we fear that students are going to purchase alcohol here. And again,

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we can't sell to minors. So we explained that. Continue, Nick. And then obviously the district

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council member fell in line with the community because they're against it but i'm glad that

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they're now willing to talk to us about potentially having community benefits agreement next

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and then we did try to do some outreach especially with people on that block of city avenue next

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and again to do some cleanup here i think there was a submission that was misinterpreted about

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how we're using the existing parking lot the existing parking lots to remain there's no

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changes to the existing parking lot next

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next all right so are we out of character where we are uh in the neighborhood the answer is no

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here's across the street on the montgomery county side a liquor store so one of the things that was

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mentioned with the community is they were frustrated they're like not only do we not like

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liquor, and they were talking about cannabis as well, we feel like everything's thrown on our

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side of the street. Well, that's not the case here. Across the street, there is a wine and

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spirits store. I will say that Alex Pugman, he lives in Valley Kenwood. He lives blocks away

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from here. He's very familiar with this property. He's known he's been vacant for some time.

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A little bit of background. Alex and his family have been in this business since 2013. They have

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a location in Hatfield, a beer distributorship, more the traditional one that you would see.

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They have one in Hatboro, same thing traditional. They're opening up a location in Chestnut Hill.

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They have one in Hatboro, same thing, traditional.

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They're opening up a location in Chestnut Hill.

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And that's a different business model.

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That's not the distributorship model you would think of.

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It's more of what you're seeing here, where it's a boutique beer store, where you're selling

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craft beers.

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It's more of what you would go when you go into Giant, right?

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Like, you know, down the street from here.

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It's more of a boutique.

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You're not like getting huge kegs and everything like that.

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So I'm just giving you a little bit of background.

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about that. Next. Nick, can you go to the next page? Hey, Nick. All right. Good. All right.

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Cool. Aerial views. You can see we're on our own little island on like City Avenue. We are near

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some residential but it's not uncommon right you have all city avenue that you know backs up to

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uh you know there's residential that backs up to that not uncommon next again our building

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structure we're expanding out slightly still pretty set back in comparison to say the building

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structure to to the left and right of us next and then we're cmx two and a half property commercial

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use i think this is a light commercial use and if you think about what's upsetting the community is

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to have people who are drinking and driving where there's a problem apparently in this community

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in that respect is that the spins is that saint joe's uh i believe so so um but again i think

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the concern is is that we're going to sell the students we can't you know he again and and that's

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the other thing you know this is a zoning board of adjustment whether the use is allowed you know

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or should be allowed we go look at the philadelphia zoning code and whether we met our burden of of

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undue hardship he this business is heavily regulated by the the plcb and he's been in

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business for you know i guess now going on 12 years at multiple locations there was a submission

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recently sent to the ZBA, I think it was last night, about violations by an entity that's

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City Avenue Inc. or something like that. My client's purchasing the liquor license from

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that entity. He's not that entity. So I just want to make that clear because it was what was

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kind of trying to be said between the lines is he's a bad operator and he's not. Those violations

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have to do with a completely different, separate entity.

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He's a good operator.

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Next.

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And then this is just from a Google Maps perspective.

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Next.

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And then photographs of the property.

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So during a community meeting, it was referenced.

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What's in it for us as a community, right?

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You know, you're putting alcohol in our neighborhood.

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So unlike the restaurant,

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people are not going to be consuming alcohol on the premises.

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He's also heavily regulated by the PLCB.

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These are the things that hopefully we'll talk about

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in the community benefits agreement, jobs.

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So we're hoping that a community benefits agreement

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will have a living wage where it's $15 an hour

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for the people at least who are working there.

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There's sales tax, there's business taxes,

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and most importantly, property taxes

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and taking a property that's currently dilapidated

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and activating it.

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That property has been vacant for seven years.

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I have Nick Giganti, who is the listing agent for this property.

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I'll ask him a few questions of how difficult it is to market it.

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The only two people who have been under contract to purchase this property is a restaurant

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with seeking a liquor license and this beer store that Alex has been trying to put in there.

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Otherwise, there's not much of a market for this property.

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Next.

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And there's just a different angle.

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you can see now the the parking lot that's currently there next is alex the owner so alex

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he's part of the family so his dad is the one under contract so when we incorporate when he

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incorporates you know obviously he'll be working there but alex has been working with them as part

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of the family business for you know the whole time 12 years out of the seven years how long

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had that family had the property oh so this is not my client's looking to purchase this property

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he doesn't own this property he's under agreement to purchase this property and that's the other

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thing it's owner occupied so it's a little bit different when you're renting a property versus

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when you're owning this property alex lives in valley kinwood and you know i'll ask him how far

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he lives from the property um but yeah they're looking to purchase it and make it owner occupied

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um but yeah they're looking to purchase it and make it owner occupied this is their first owner

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this is their first owner occupation

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occupied first owner occupied location i i believe he rents the other locations well we'll ask that

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question real real quick are you running the same issue with chest on hill for the classification

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as this no because it's in a shopping center and and and the zoning is different so that's why we

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didn't run into that yeah so thank you yeah i think it was like ca3 or something like that

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something crazy um next and then this is city avenue to the right of the property deceiving

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most people would recognize the cvs over there uh next

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to the left of the property next our plans and drawings so this is just a rendering of how we

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envision the property you can see it's much nicer and better but again we're repurposing

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the parking lot next and this is how we envision the inside of the property again i kind of equate

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it to like what you would see on at the wegmans or something like that um again more of a boutique

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not a beer distributorship next uh that's just the site plan next and then you by the way hold on

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go back you see the bottom part that's the addition right so you know we currently the

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building structure is 4,274

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square feet. We're adding approximately

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like 2,000 square feet

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in the back to square it off. Next. So will you be

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cutting into the parking? No.

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No. The parking is... Go back, Nick.

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Parking is to the left. A few other

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businesses that is inside of that plaza are there.

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So you're going to share parking with the businesses

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on the side? That's our land.

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there's only 12 parking spots there at least there is i think currently eight parking spots

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so you're saying between that and the businesses on the side no but this is just we own we're just

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purchasing this property which will have eight parking spots we don't share any parking with

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anyone else so this will be completely solely my client's parking lot yeah so and again we don't

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see people who are going to be like staying there a while they're just going to buy alcohol and

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leave this you know the point the transaction is not that long so next and then this is the

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inside from a floor plan perspective so if you go left to right start with the left you you're you

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know you got the check you got the main checkout area and then you have aisles of of like you know

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whatever six packs and such there are warm not cold and then you have the coolers to the right

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hand side and by the way near the checkout too is kind of like you know candy and other things just

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potato chips i'm sure food um non-perishable stuff and as you go further in the back

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there's a beer cave i guess maybe a little bit more exotic beers um and then you know to you'll

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see two ADA compliant bathrooms. There's some storage in the rear. Again, it's more open.

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It's not expected to be a huge amount of actual volume on the shelves. Next. So we met with

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the community on March 5th at 630. Next. Next. Next. There was only 24 addresses. It was

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well attended i mean so um next our application for appeal um next notice of refusal project

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information form the agreement of sale which we're under you know you know for a while next

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and then our um tax clearance certificate uh with that being said i'll have a few questions

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for alex and then um i know that nick giganti who's the realtor will give some testimony as well

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all right could you please come forward make sure it's on and pull close here

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