civus
Hearing video

ZBA Hearing - February 24, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 24, 20216h 14m

I don't hear them, Bill, you there?

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Nope, not yet, give me one second.

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Bill?

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I'm waiting for IT.

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It was on a moment ago, Ms. Sunken.

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Thank you.

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I'm sorry I'm not sure I'm gonna try to

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reach out to him. Hi Bill, we're ready to go live?

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We can't hear you.

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Thank you.

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okay okay chair we ready ready okay good morning uh everyone my name is frank uchiko i'm the chair

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of the zoning board of adjustment i'll be participating in today's hearing along with

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our board secretary mr confessor plaza and board members mr thomas hollowman and mr james

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Snell. Board Administrator Ms. Lakeisha Dandy and our Board Attorney Ms. Sharon Saleta are also in

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attendance. For those of you who haven't yet participated in one of our virtual hearings

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I'll go through some of the basics of what you can expect. First we will be administering oaths

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to individual participants prior to their testimony. Second we'd like to advise everyone

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that this proceeding is being recorded and that by participating, you acknowledge your

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agreement to be recorded and that this recording will be available to the public on the web or

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otherwise. If anyone participating by phone, if you wish to testify, you must raise your hand by

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hitting star nine and then star six to unmute yourself. I'll repeat. For anyone participating

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by phone if you wish to testify i'm sorry chair i apologize it appears to maybe be some technical

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difficulties because we have no attendees at this time maybe uh they didn't maybe everybody

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went home for the day so i don't know bill is something going on i know that i had a text

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message from sean ward saying he was trying to sign on hi miss sunka it's ian hegarty from pcpc

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our staff can't get in either yeah good morning i think he was saying i'm in a practice session

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it says attendees can't join the webinar we're all in we're all in until it goes live

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oh okay right so let me start the webinar we're going to wait for bill to come in

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come back in we're now live i started it and chair if you could just give us a

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Come back in. We're now live. I started it. And Chair, if you could just give us a few moments and see if everybody can join now.

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Take your time.

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Okay, Bill, are you good?

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It looks like I am. You can hear me now?

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Yes, and I started the webinar because it wasn't allowing attendees to come in.

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So before you rejoined, I started the webinar.

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So I'm hoping we're pretty good for right now, but we can monitor.

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Thank you, Connie, Bill.

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Yeah, sorry about that.

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I don't know what.

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No worries.

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It seems like technical difficulties will be going on today.

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Okay, thanks.

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So we're still in the holding pattern, Tanya?

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Chair, we now have at least 40 attendees.

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You can start the beginning spill.

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Okay, start from the beginning, right?

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Okay.

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Good morning again, everyone.

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My name is Frank DiCicco.

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I'm the Chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with our Board Secretary, Mr. Confessor Plaza,

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and board members Mr. Thomas Holloman and Mr. James Snell.

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Board Administrator Lakeisha Dandy and board attorney Ms. Sharon Saleta are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings,

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I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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second we'd like to advise everyone that this proceeding is being recorded and that by

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participating you acknowledge your agreement to be recorded and that this recording will be

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available to the public on the web or otherwise pardon me third for anyone participating by phone

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if you wish to testify you must raise your hand by hitting star nine and then star six to unmute

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yourself. I'll repeat. For anyone participating by phone, if you wish to testify, you must raise

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your hand by hitting star nine and then star six to unmute yourself. Finally, to enter an appearance

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statement, call Google 267-270-5548 and leave your email address and the address of the property

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at issue. I will repeat that. To enter an appearance statement, call Google 267-270-5548

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and leave your email address and the address of the property at issue. I would also like

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to advise everyone to please do not attempt to testify in the chat. All comments should

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be directed to the Board Administrator, Ms. Dandy. With that, I will begin with a request

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for reconsideration for MI 2020-002-588-100 West Duval, MI 2020-002-589-102 West Duval,

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and MI 2020-002-57231 West Duval.

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My vote is no to reconsideration and rehearing.

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No to reconsideration and rehearing.

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No to reconsideration and rehearing.

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No to reconsideration and rehearing.

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Thank you.

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Number 11 on our 930 list, MI 2020-002.

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568-4610 North Broad Street,

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there's a request for a continuance.

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And as of right now, that is the only request we've had.

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So I will now ask if there's any other further requests,

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excuse me, for continuances or withdrawals,

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please raise your hand at this time.

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And if anyone objects to the continuance

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I read into the record, please raise your hand also.

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we have no hands at this time chair okay uh

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we have an add-on for 428-30 west thompson i'm going to move that to the bottom of the

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at the end of the list of the 930 list because i understand there may be significant testimony

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so with that confessor we'll begin with number one on our regular list

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Okay, calendar number MI00256.

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Okay, calendar number MI-002561-100-02, West Thompson Street.

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Excuse me, Confessor, I believe that's the one that we were moving to the end of the list.

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Yeah, that's the one that we moved to the end. Thank you, Sharon. Sorry about that.

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No, go to number one, Ashdale Street.

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Ashdale.

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MI 002561.

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I'm sorry, 100-02 West Ashdale Street.

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Ashdale.

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If you're the applicant for this case, can you please raise your hand?

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Hi, I see the applicant among the attendees, but he doesn't appear to have his hand raised.

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It's Christopher Francisco.

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Yes, Mr. Francisco, you can unmute yourself and wait to be sworn in.

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good morning everyone

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morning sir please identify yourself with the record spell your full name

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christopher francisco c-h-r-i-s-t-o-p-h-e-r last name is f-r-a-n-c-i-s-c-o

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

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Yes, sir.

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Okay.

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Sir Francisco, are you an attorney?

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No, I'm the applicant.

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Okay.

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Have you submitted proof of ownership, tax certificate, deed, photos, plans, five days prior to this hearing?

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Yes, sir.

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Have you met with the RCO and have a letter?

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Yes, sir.

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Please proceed.

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Please proceed and share your exhibits with us, please.

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It was sent to, it was sent via email.

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yeah we understand that are you able to share your exhibits because as board members we don't

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have all that material in front of us because we're doing everything is being done remotely

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yeah this is Sharon Saleta Mr. Francisco did you have a an architect working with you

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yes Ms. Poulos if she is present and able to share the exhibits her role would be limited to sharing

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the exhibits but um can we check to see if that's possible yes ma'am

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yes i just promoted miss shirl

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hello

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good morning chair you're muted your full name can you hear me yes please spell your first and

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Okay. First name is C-H-E-R-Y-L. Last name is P-O-U-L-O-S.

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We're in the firm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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You are the architect for Mr. Francesco?

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Yes, correct.

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Please proceed.

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Okay. Can I share my screen?

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Yes, you can share your screen and Francisco, Mr. Francesco can present.

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Okay.

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Okay, Chris, if you want to start just walking through the current layout, what you're trying

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to do.

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So what I would like to do at this property is open a convenience store or corner store in the Hispanic community called Bodega.

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So what I would like to do with this property is open a...

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We would like to sell items such as chips, candy, cereal, bread, sodas, juices, milk, basically everything you could find in your local convenience store.

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However, in addition to that, we would like to also serve hot food.

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hot foods such as fries pizza fries cheese steaks mozzarella sticks chicken fingers

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burgers chicken sandwiches chicken wings just to name a few we have a my direct competitor is right

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down the block which is the supermarket called seven brothers so having the hot food will put

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me over the edge and allow me to provide a product and service that my supermarket does

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not currently offer. It was previously a restaurant, and prior to the restaurant, it was a convenience

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store from two prior owners. And from what I'm told from nearby neighbors, that prior to that

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was like a deli slash produce place. Is there an exhaust system? It did have it when I purchased

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the property. However, it was very outdated, so we did remove it. Once we do have, if I am granted

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it uh the hot food um permission i will be uh adding the exhaust system an updated one

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will it be roof mounted it will be roof mounted yes okay all right um to the architect is there

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anything else we need to have on the record uh no just everything was

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already set up really for being used as a commercial space. You can see in the drawings,

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you know, it's very small, even though this is zoned for single-family residential, it's not

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really, it was never really set up like that. You can just see from the outside,

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um it's small and it's it just has these huge windows on the front never really set up for

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residential so um all right that's different i'm sorry i didn't mean to interrupt no you're fine

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you're fine i am my understanding is there was a proviso uh that you agree uh was agreed to

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by the 42nd Democrat Ward regarding the floor space, commercial floor space.

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This is Sharon Saleta.

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Ms. Poulos, the RCO is requesting that the board clarify that which space is going to be used as commercial

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so that it doesn't extend any further than what is shown on your floor plans.

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Correct. It's not currently connected to, even though the deed includes both of these properties, there's no connection, and the 102 West Ashdale will always be used as residential.

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Okay.

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So it's only this 100 West Ashdale space.

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so if the board were to add a proviso yes dating commercial space limited to space designated on

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floor plan stamped by the board today that would be acceptable thank you thank you both all right

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any questions from the board uh yes is commercial trash commercial trash pickup

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chris do you want to talk about the trash pickup yes so um right in the back uh area um

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like right where that door is at at the end right there there there is space for there for a dumpster

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which which which was there prior as well so the commercial trash pickup will be there'll be a

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dumpster set up there and it is fenced in with a with a door accessible for trash pickup thank you

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you any other questions from the board no would anyone else like to testify in this case if so

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please raise your hand yes chair we have uh miss hillary miss hillary you can unmute yourself

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Yes, Chair, we have Ms. Hillary. Ms. Hillary, you can unmute yourself. Wait to be sworn in.

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way to be sworn in

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Good morning. Good morning, Mr. Chair, members of the board. Hillary Emerson, on behalf of

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Councilwoman Sherelle Parker. We're going to tell the truth, the whole truth, nothing but the truth.

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I do. Thank you. Please proceed. So a couple of things in this property. First,

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um like the councilman um doesn't oppose uh grocery store um use in the designated commercial

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um portion of this property um the community we had quite extensive discussion at the community

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meeting um the the community was okay with the use with with several provisos outlined in their

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letter um they had some concerns based on the location of this property it is directly across

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the street from a high school um so they were concerned that this could be kind of a gathering

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or loitering spot um and it has been it has been in the past um there's also been an issue um with

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with trash um they were concerned about the size of the space and whether um whether it could um

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actually have both a grocery store and hot foods so they and they were they were a little concerned

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because this is a this type of business had you know can cause can cause issues in the

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neighborhood but they were willing to give the owner a chance but they did ask that

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the variants only be granted on a temporary basis. They suggested two years.

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They also wanted to make sure the hours of operation were limited. There was a suggestion

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by the applicant that he could be open until as late as 10 o'clock in the summertime, and the

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community felt that that was too late. So they would like to see nothing later than probably

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nine o'clock. As we already discussed, the community was concerned that the use could

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also expand into the residence, especially because these properties are on the same deed

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and appear to be on the same parcel. So the proviso that Sharon discussed would address

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that concern. And I don't know if it would need to be noted as well that because I didn't

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see on the refusal which includes you know both both properties it didn't indicate that the

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residential use would be continuing so I don't know if there should be a note mentioning that

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you know with the you know continuing residential use um in part of the property just for clarity

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um lastly the um the the neighbors as in when going back to the their concerns with space

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They did not want to see hot food in the space.

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