civus
Hearing video

ZBA Hearing - April 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 24, 20246h 7m

handicap accessibility to the space they have an will have an accessible entrance and an elevator

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so all may enjoy this space so as i said this adaptive reuse of this building is really crucial

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in maintaining and preserving the building as far as any trash we don't

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expect there to be any real trash concerns it is an art gallery the

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assembly and entertainment use really just allows for the physical artistic

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expression and performance if there are any events at the space the trash will

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be handled by any contractor or vendor or caterer that will be hired by your

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agency and vetted by your agency. There is no application for a liquor license. Your agency is

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not seeking any liquor license. If there is any alcohol at any event, that liquor license will be

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held by any vendor or caterer that comes to the space. The hours of operation are typically Monday

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through Sunday from 10 to 11. These are time tickets, so they expect 25 to 27 people every

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20 minutes with a maximum occupancy throughout an hour of 80. There is a higher occupancy load

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of about 150. But that is a very good day. But we just wanted to give you the max.

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But that is a very good day, but we just wanted to give you the maximum.

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As I said, this is for assembly and entertainment use to allow for artistic expression.

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It meets the minimum variance request.

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It's also in keeping with the spirit and intent of the code.

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And we do not believe that there is any detriment to the public health, safety, and welfare in granting this variance.

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in fact there is a hardship if the variance isn't granted because as i said this is all this use is

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by right the art gallery is by right the assembly and entertainment use really allows the full

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potential of the art gallery and artistic expression through performances to be displayed

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and experienced by patrons coming into the space i would like to call on um i'd like to ask the

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board if they have any questions. As I said, we do have Meg Saligman here. Why don't we have your

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client come on in and adopt your testimony? Thank you. Can you please elevate Ms. Meg Saligman?

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They've been allowed to speak. Good morning. Could you please state your name and spell for

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the court stenographer? Good morning. My name is Meg Saligman, M-E-G-S-A-L-I-G-M-A-N.

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

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Yes, sir.

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Please proceed, counsel.

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Thank you.

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Meg, you heard my presentation?

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I did.

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And would you confirm that my presentation was accurate?

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I do confirm its accuracy, yes.

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And Meg, if you were to testify, would you adopt my presentation as your testimony?

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I certainly would.

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thank you may i also have brian schneider i'm sorry

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um brian what do you want to bring another witness one i just want brian schneider as

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the architect to confirm and adopt the testimony as it relates to any improvements that were being

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made sure bring them on yeah they have been allowed to speak good morning could you please

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state your name and spell for the stenographer uh good morning yes my name is brian schneider

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B-R-Y-A-N-T

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S-M-Y-D-E-R

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You swear or affirm to tell the truth

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the whole truth and nothing but the truth?

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I do. Please proceed, counsel.

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Thank you, Chair.

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Brian, you heard my presentation?

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Yes.

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And would you confirm that that presentation

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is accurate?

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Yes, I would.

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And if you were to testify, would you adopt my testimony

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as yours?

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Yes. My presentation is your testimony?

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Yes.

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thank you questions from the board no mr chair questions or comments from our attorney hillary

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emerson not at this time mr chair questions or comments from the virtual audience

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i do not see any hands mr chair planning commission

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good morning meg cavanaugh planning commission staff i need to spell my name correctly correct

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M-E-G-C-A-V-A-N-A-G-H

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

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I do.

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Please proceed.

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The comprehensive plan recommends no change to the commercial mixed-use zoning at this location, although the proposal is not anticipated to cause detrimental impacts to the neighborhood beyond what might be expected normally.

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The City Planning Commission has no objection to the variance for assembly and entertainment use in the overlay.

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Thank you.

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MI-2023-006-885-27-North 3rd Street.

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I vote yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you, Chair.

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May I please move our exhibits into evidence before I leave?

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Yes, you can.

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Thank you.

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Thank you.

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That concludes my business.

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Thank you very much.

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Thank you.

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Number 11, number 11, MI-2023-006882, 5235 Jefferson Street.

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Christopher Dean is the attorney.

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There's a recommendation of support from the Parkside Association of Philadelphia.

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49 in support, only two opposed.

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Letter of support from Winfield Community Neighbors Association.

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And a letter of support from Council Member Jones.

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they're coming back in as a panelist sir okay

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good morning council good morning chair members sure could you state your name please and spell

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for the stenographer christopher dean d-e-a-n council for sandra slaughter owner of

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D-E-A-N, counsel for Sandra Slaughter, owner of today's, excuse me, 5235 Jefferson Street.

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All right.

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

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I do.

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Our vice chair has a few questions.

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Good morning, counsel. Do you agree to weigh the reading or the refusal or stipulate towards accuracy?

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I do.

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Have you emailed them all the required documents and exhibits that is needed and required to proceed with this case?

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I have.

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Thank you. Please proceed.

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Sure.

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All right.

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Hopefully, everyone –

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You're all.

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Okay. And I apologize in advance if there's the suite underneath me is getting worked on today. So if you hear some hammers and drills, I apologize. That's why I have the headphones on.

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So it's my pleasure to present 5235 Jefferson Street. My client is here, Sandra Slaughter, along with her son, Nadir Malik, and Nadir owns the nonprofit NANM, Inc., which we hope will operate and lease at the property.

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we are here to seek seeking a variance for technically an entertainment assembly hall

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but what what we envision here will be a community developmental hall um contributing growth to the

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community to the park side community especially um it's worth noting my client my client started

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this process over a year ago and he withdrew his initial application um so we could really

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get in touch with the community get invested and learn learn what the community wants and that's

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why you're going to see that, as Mr. Chair alluded to, 49 to 2 in support with Parkside

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as long as Winfield and Councilman Jones' office supporting this project.

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So I'll just speak briefly about the project and I'll just go through the slides and then

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we will have my client testify.

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So NANM Inc., what we intend to do with this property, as you can see here is a rendition

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of what it will look like, and I'll show you what it currently looks like. This is not going to be

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similar to the last presentation. There's no entertainment in this project. This is not

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going to be any kind of late night partying. At most, you're going to have private baby showers

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and family reunions you can use this hall for. But the main focus of my client set up this

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nonprofit just for this project in hopes to get this variance granted. You're going to have

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neighborhood cleanups my client has actually already taken part in neighborhood cleanups

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with his non-profit with parkside um including on i believe april april 6 they already they

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already completed one um after school activities for kids so we envision after school a four to

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eight window depending on when school is out the kids can hang here and say they can it avoids

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trouble. It'll be promote their growth. We want to have educational workshops, organized neighborhood

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cleanups, food drives. My client intends on partnering with local churches. We've looked

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into CPR, first aid training. He wants this to be a community meeting spot, a community hall

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to bridge the gap between Parkside and the Park West neighborhoods.

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uh this area this location actually was a former barbershop so a barbershop we don't it's not going

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to have any detrimental impact on traffic and parking in fact a barbershop has much more

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transient of transient customers in and out all day this is going to be there's going to be many

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many times when it's dormant it will not be there will be be no use and then there will be

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community meetings on the weekends, and then as I mentioned, after school for kids.

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So this will not have any negative impact, certainly not a greater impact than the prior

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approved use of this property.

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Just to go through the slides, this is my client's deed, Ms. Slaughter, to prove that

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she owns the property.

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Her tax clearance issued through May 17th.

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Here is the actual design.

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When I go through it, if anyone does have questions about the design, I'd be happy to put this slide back up.

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This is our refusal.

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Our application for appeal.

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Project information form.

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This was our notice of the community meeting, which we held on March the 13th when we received the 49 in favor.

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This is the letter of support from Winfield.

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um as met as alluded to on the letter my client has agreed to support cleanup efforts and he

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As alluded to on the letter, my client...

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already has done so since since this meeting um our hours of operation um that was a community

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concern we certainly will not be going past we envision eight o'clock on a weeknight on a weekend

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11 p.m as i mentioned this is not going to be this is not going to be a hall for use for

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really entertainment purposes. There's no liquor

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license involved. You're going to have

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family. It's just going to be a community

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hall, baby

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showers, family reunions, and

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the rest will be communal

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benefits.

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This was the

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Parkside vote, 49

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and 2, and a letter from

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Councilman Jones' office. This is a current

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picture,

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so we are also going,

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the addition, we are going to beautify

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the building, which has another positive impact to the community. The remaining slides are just

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to show the parking, and I apologize of the slant of the pictures. Parking obviously is always a

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concern. There is ample parking, there is ample street parking at least, so we do not envision

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this is going to have, it's not going to add to any congestion or lack of parking in the area.

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And you can actually see right here my client already, this is his logo right here, already being active with food shares in the area.

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And this was the notice for today's zoning.

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I'll go through all of the – just the proof of mailing.

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And at the end of it, I'll show pictures, and then I will have my client testify.

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okay here's the proof of the zoning poster

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this is the interior

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and there obviously is with with pitching there will be

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the potential for caterers with their own license to come in to handle, you know,

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community events or private events like baby showers.

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Okay.

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And with that, I would, if she, Sandra Slaughter, or it may be under Nadir Malik.

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I think they're both on the Zoom together.

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sondra slaughter has been about to speak good morning could you please state your name and

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spell for the stenographer sondra slaughter slaughter s as in sam l-a-u-g-h-t-e-r

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sondra s as in sam a-n-d-r-a do you swear or affirm to tell the truth the whole truth

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nothing but the truth yes please proceed counsel thank you uh miss slaughter are you the owner

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of 5235 jefferson street yes did you um did you hear my testimony this morning

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yes do you adopt it as true and accurate yes okay and do you intend on renting this property to your

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son yes okay uh is nadir with you right now yes okay um yeah i guess mr chair if we could have

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um nadir malik sworn in all right could you please state your name and spell it for the stenographer

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nadir malik n-a-a-d-i-r-m-a-l-i-k do you swear we're affirmed to tell the truth the whole truth

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nothing but the truth yes chair please proceed counsel mr malik um what is your non-profit

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this is nam inc n-a-n-m inc incorporation and and you said did you set this non-profit up for

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the purposes of this prop this property yes sir and if you just tell the board and the members

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of the community what efforts you've made to invest in the community and what your goals are

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if your mother is successful with this variance

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and you're able to operate an assembly community hall?

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Well, first we wanted to do community neighborhood organizations,

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meetings for the neighborhood, for the side of Parkside

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where other neighbors can't get to.

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And on Thursdays, we do a food share for the elderly neighbors

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who can't make it to the other side of Parkside Avenue.

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