civus
Hearing audio

ZBA Hearing - February 4, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 4, 20264h 28m

and did not understand her at all and all of that did not include other people i understand

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thank you um would we make this a result of

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okay all right no well so the i mean if the board gets to the merits of this case this is a frivolous

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appeal well i'm not no that's that's okay but here's the thing we're going to continue i get

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but my client is he's lacking funding right now because of this i cloud on his title to the

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property we would ask first that the appeal get quashed on on for the reason alone this is a

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that the appeal get quashed on on for the reason alone this is a petition on proton she's out of

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Petition on Proton.

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time we can't we're going to continue the case is continued um and and we will let the parties

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know we will we will let the parties know of the the the next state okay thank you everybody i

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appreciate it. All right. Okay. Let's go to number two. MI2025, 000484, 4240 Edgemont

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street um holly joe harvey is the owner applicant um this is a pro se oh okay good morning

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hi is your is it on the green light on and just pull a little closer to you if you don't mind

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good yep um state your name is spelled for the stenographer holly joe harvey h-o-l-l-y space

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j-o harvey h-a-r-v-e-y do you swear or affirm to tell the truth the whole truth and nothing but the

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truth yes so this application is for use as a two-family household living within an existing

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structure whereas the proposed use to fail in the household living is prohibited in the rsa

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5 zoning district there's a letter of non-opposition from the bridesburg

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um community action group and our um i'm sorry a letter of non-opposition yes of the community

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action alliance and our vice chair has a few questions for you okay okay good morning um

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have you submitted your documents and exhibits five days in advance of this hearing yes the

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only thing that i just um received was yesterday but i did put it in the computer but i also have

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a copy it's my tax compliance okay thank you and do you waive the reading letter refusal and

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stipulate to its accuracy yes okay thank you you can begin your case so i have the we bought the

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duplex in 2000 or the house in 2007 and it was already built into two floors when we bought it

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and we had family living there for years and then we actually lived there for several years

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and then to be honest I had no clue like what I had to do I mean I had family there so I didn't

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know what all the rules were and what direction I had to go to and then recently when we moved out

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I wanted to do the right thing and zone it correctly the way it should be okay

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and what you want to move some of these um if you could maybe show us the the photos

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I mean we have all the documents yes chair no problem

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so one of you do you see the photo up there yes so why don't you tell us what we're looking at

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so the um on the front door on the bottom that it would be the first floor and that was made

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into an apartment and then the side steps and you have a yard on the back if you see the white fence

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there's a yard that's connected with the first level he'll he'll open that up okay yes there's

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a yard there and then those steps just go up to the second floor which is also built into an

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apartment okay um and just tell us what we're looking at when we're we see it um this is the

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this is the first floor this is the living room that's the kitchen on the first floor

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and then that's just the hallway that leads to the bedrooms and the bathroom and there's a closet

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there on the left that's the bathroom for the first floor that's one of the bedrooms there's

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two bedrooms on the first floor that's still the same bedroom oh and then this is that's the this

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is the second floor now this is one of the bedrooms for the second floor another bedroom

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there's three bedrooms on the second floor and the bathroom is there on the right don't know if

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there's a picture of the bathroom this is the living room on the second floor and that's the

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front door right there that's still the living room and then that is the kitchen on the second floor

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that's just the front of the house there goes our zoning signs right there

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we have one there and then one on the side of the house on the rally

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okay um how how long have you owned the property since 2007. okay questions from the board

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yes are they completely separate right now in terms of utilities yeah well no the heat and the

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air the heat and the air condition that has been separated we paid to get that separated

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but I didn't know I want to do this first and then I guess I have to split the utilities okay

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okay and then how many bedrooms are upstairs and how many are down there's three on the second

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and then how many

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floor and two on the bottom floor and then what's the living space because i saw the kitchen and we

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saw the bedrooms but what's going on in terms of living or dining room um there's there's both

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pictures up there they were yeah the living room on the first floor and living room on the second

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floor they're up there that's the that's part there's two pictures of that that's part of the

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living room and there's another one that shows the front door that's the second floor yeah there

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you go it's a pretty big room okay and the the lower level tenant enters through the side yard

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so they're going to go in no so they have a front door on the first floor oh yeah and then one

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person second floor goes up the steps okay and then currently what's the plan for trash management

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so the first floor we usually depending who was living there we usually have the sec the first

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floor in the yard and then the the second floor has been using in that little corner space

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and like where the steps kind of meet the um the white fence that's where we have for the

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second floor but the first floor puts there has everything in the yard

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other questions questions from our attorney hillary emerson um you said you had a copy of

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your tax compliance okay all right thank you so just make sure um with the staff can make a copy

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of that we'll add it to the file before you leave today questions should come send it but you did

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send it I did it I send it on the exhibit file last night oh you did yesterday oh okay okay no

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problem we'll make sure we have it we're having a lot of trouble getting it um I didn't know I

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needed a tax id number in order to get it so i kept going online and it kept saying my information

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was correct incorrect so finally i went down to the revenue yesterday and got it oh okay all right

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well thank you for that yeah no problem questions or comments from the virtual audience

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actually chair i have one more question did when you subdivide or when you sorry when you change

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the heating closest thing from assuming it went from a furnace to the ducted to the mini split

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system yeah so yeah so we so the the the actual duct system is for the second floor they have the

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thermostat and then the first floor we did the split the splits yeah did they pull permits for

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the splits i don't i'm not even sure to be honest that's my this is my husband joseph harvey hi

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could you please state your name and spell for the stock last name last name's harvey also h-a-r-v-e-y

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first name joseph do you swear or affirm to tell the truth told you with nothing but the truth

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yes we have licensed contract that that did the work um i could get a copy of it and send it in

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if that's if that's something i i think when you when you're approved you're going to have a

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certificate of occupancy to be obtained and they'll come out okay okay okay great thank you appreciate

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that questions or comments from the virtual audience chair i do not see any hands

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planning commission thank you chairman and good morning david effecto f-e-c-t-e-a-u with the city

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planning commission you swear or affirm to tell the truth the whole truth nothing but the truth

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yes sir i do thank you sir uh chairman and board members the comprehensive plan recommends no

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change to the rsa 5 residential single family zoning at this location the city rezoned this

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neighborhood in 1970 in a council supported map change the previous owner appears to have

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converted the property into two dwelling units without the benefit of permits through no fault

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of the current owners the city planning commission recommends that the board grant the proposed use

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variance for two dwelling units mi2023 000 484 4240 edgemont street i vote yes with proviso

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certificate vacancy to be obtained michael johns my vote is yes with proviso

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

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excuse me ryan mcadams my vote is yes with proviso my vote is yes with proviso

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number 17 mi 2025 004 753 2232 fairmount avenue thank you thank you thank you thank you for

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coming in. We appreciate it. There's a letter of non-opposition from Spring Garden Civic

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and a letter of non-opposition from Council Member Young.

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Council, could you please state your name and spell for the stenographer?

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Yes. Good morning, Chairman Bergman and members of the board. Adam Laver, L.A. V.S. and Victor

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er of blank room llp do you swear or affirm to tell the truth the whole truth nothing but the truth

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

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yes mr

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Yes, Mr. Chairman, I do.

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Could you identify your client, their relationship to the property?

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Certainly. Blank Rome represents A. Dikos LLC, D-I-A-K-O-S, A. Dikos LLC, the owner of the subject property and its sole principal,

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Nicholas Kravartis, N-I-K-O-L-A-O-S-K-R-A-V-A-R-I-T-I-S.

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Nick is here in the hearing room to my left.

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Okay.

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Our vice chair has a few questions.

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Good morning, Madam Vice Chair.

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Good morning.

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Have you submitted your documents and exhibits five days in advance of this hearing?

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Yes, Ms. Graham, we have.

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And do you waive the reading of the refusal and stipulate to its accuracy?

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Yes, ma'am.

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Okay.

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Thank you.

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You can proceed with your case and share your screen.

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Certainly.

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Nick who's here with me today owns the long-standing venerable Zorba's restaurant

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which is located immediately east of the subject property in the Fairmount neighborhood of our city

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just trying to uh we just said the prison looks so nice in that picture there it's it does uh one

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moment okay shameless plug that's my neighborhood i know i know that i wanted to do full screen

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and there we go excellent um so uh nick is the owner of zorba's restaurant uh which is located

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immediately east of the subject property as you're uh admiring the penitentiary uh the uh

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which is really a amazing architectural and historical treasure the subject

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property is in this rough that's not me we have a tech okay in this rough

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location on the south side of Fairmount Avenue just down from the prison and

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across from the large parking lot just just to give you that context the subject

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property itself is uh housed a former chiropractor's office on the first floor and that's what we're

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going to be talking about today the reuse of that space chiropractor nick just told me uh had been

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there since 1998 he remembers because zorba's his restaurant had opened up around the same time

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the subject property existing uh is the now vacant chiropractors space because nick has purchased

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the whole property and an apartment above that professional space and again we're on fairmont

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avenue just west of the prison as shown in the aerial photographs here you can see a little bit

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better where the cursor is you can see the awning of zorba's restaurant and just to the right which

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we'll get to in a moment is the subject property and the subject property in this aerial photograph

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is outlined in red it only fronts on one city street it backs up to residential to the north

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and we've worked closely I'm proud to say with all of the neighbors to address the natural

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concerns, I would put it, that come up when you have mixed uses. Here you can see a photograph

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of the subject property. One would walk in the turquoise door, and I'll show you interior

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photograph, but walk in that door, make a left in the vestibule to get into the space that we

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would like to discuss with you today, and head straight through another door and up secure

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steps to get to the residential apartment above there's another view of the main entrance to 2232

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and you can see once again streetscape the subject property to the right of the restaurant

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another streetscape photo showing you a view standing alongside the

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um a parking lot that's open to the public across fairmount avenue to the north looking south

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towards the subject property and uh you can see that the subject property is located in the rm1

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zoning district uh shown here in the purple outline and across the street is that full

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city block public parking. The proposal calls to fit out the former chiropractor's office space

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at the first floor for a takeout coffee shop, a dream of Nick's to have a sort of a taste of

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a sort of a taste of the casualness the neighborhood nature of back home in greece this is not zorba's

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the casualness, the neighborhood nature of back home.

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restaurant zorba's restaurant is successful and existing and beloved this is in addition

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it's separate and distinct although it's right there it's easy for nick and it makes sense

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because he has the restaurant there and nick and his wife melania who's also a local entrepreneur

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or live just two blocks down on Fairmount Avenue.

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So many people in the neighborhood,

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and even a couple of the letters

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that were just submitted to the board only this morning,

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and thank you, Ian, for scanning them,

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speak of people remembering Nick as a teenager

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and being such a presence in the neighborhood.

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But the coffee shop itself would feature Greek specialties,

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dark roasted coffee, spinach pie, pastries, et cetera,

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to compliment but not compete

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with the full service restaurant next door.

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As you can tell, and you may know, Zorba's is a family-owned business with these deep

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Fairmount roots. The notice of refusal is before you. There is one-use refusal. Variance relief is

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required as the property has long been configured for commercial use at the first floor, but the

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takeout restaurant use is prohibited and we would submit that this existing configuration

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and the long nature of the commercial use speak to variance relief being granted this is part

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of the fairmount avenue commercial corridor which is specifically noted in the letter of

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non-opposition from the coordinating rco it serves nearby residential which is also noted

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in the coordinating rco's letter of non-opposition here you can see some interior photographs so

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again i had described the vestibule this is walking into the left through an open door into

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that is not the chiropractor's office that's one of nick's office managers doing a little bit of

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paperwork and what had formerly been the receptionist area in the chiropractor's office

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here you have another view of what that setup looks like and nick has already started to explore

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the potential beyond that space as you're heading south if you will towards the rear of the property

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of what the potential business might look like side note the subject property

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is located in a historic district and under the zoning code as we know there is encouragement

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to adaptively reuse existing historic properties this would qualify however it falls just short

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of the 2500 square foot requirement for past commercial use if we had been above that we

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would not be taking up the board's time but we're happy to present this proposal uh here's another

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photograph of that back space and um maybe i should zoom in a little bit here because this is

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a all-important floor plan and uh the basement itself is just storage that's the pink utilities

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But the first floor plan, I think, shows board members what you may be interested to know.

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So in the lower right-hand corner, you can see the entry vestibule that I had described,

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and really is just as it has always been.

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The cafe, the public portion of the cafe in Tann with very little seating.

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This is a place in sort of the European tradition to stand up and have a coffee and talk and walk the dog, et cetera.

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it is not a place for lots of people to sit down it's it's casual uh neighborhood oriented and then

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the green is the area where behind the counter where employees would be and then the blue in

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the back is the kitchen uh etc so it's a um it's a compact space but one that would work very well

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for for this use the project has been reviewed by count um by the district council member

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uh and uh also by the coordinating rco as i've said operations proposed seven days per week

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7 a.m to 10 p.m in consultation with neighbors because this is a mixed use community

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It is balancing the neighbor who is up early and wants to walk their dog and needs their coffee, but also the one who wants to sleep a little bit later.

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