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Hearing video

ZBA Hearing - October 14, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 14, 20266h 39m

around sort of the timing of this and how it's going to impact operations for the current school

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and the other tenants in the building? So because of the way that the building is configured,

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it really is set up in wings. So we have the second and third floor and hopefully we'll be

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able to develop the first floor in one wing, but it doesn't impact the other tenants. They actually

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have a separate parking lot separate entrances um and we don't anticipate that the repairs and

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the renovations that we are going to conduct on the first floor will have any impact on um on the

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other tenants okay and then the two stairwells that we see here on this plan are those exclusively

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currently for your school's use once you take over the first floor yes well they're exclusively for

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our they're exclusively for our use and will continue to be for our use um so we've had some

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space on the first floor just in our lobby area um but now it's not just the lobby area for the

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first floor but also the larger space in the back that was occupied by the daycare okay and then

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i'm assuming because you're already going to have to enter on the first floor that this isn't going

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to change like access or the way that the students enter the building that's correct so there is um

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there is a door where that provides access from the area that we currently use as the lobby into

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the daycare space we're going to place an access control panel there so that students do not have

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to change the way in which they currently enter the building okay other questions questions from

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attorney um none right now thank you um questions or comments from the virtual audience i see no

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hands to your planning commission good afternoon liz fuzely on behalf of the philadelphia planning

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commission the comprehensive plan recommends no change to the rm1 residential multifamily zoning

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at this location this property has a documented history and use as an institutional use going

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back to 2018 this use is consistent with adjacent uses and appropriate for the site and the community

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context the city planning commission recommends the board grant the special exception for an

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educational facility so m m i 2026 003 877 6900 woodland avenue i vote yes um temporary special

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exception that will expire 10-15-2036 do we want to put first word yes

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michael johnson my vote is yes with proviso

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if you want

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did you need to add hold on one minute mike okay

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part of the interruption chair but uh craig has also raised his hand okay

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all right hold on craig

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Craig has been promoted to panelists.

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Hi, Craig. Please state and spell your name for the stenographer. We've already started our vote, but go ahead.

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Hi, Craig. Could you unmute yourself, please?

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good afternoon hi i craig all right could you please state and spell your name please

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for a stenographer craig's b-r-a-i-g last name melidosian m-e-l-i-d-o-s-i-a-n

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

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I do.

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Please proceed.

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I'm confident that we were going to get a positive vote, but I just wanted to clarify a couple of issues.

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clarify a couple of issues. This is a shared campus, an L-shaped

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This is a shared campus.

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configuration. The other primary tenant on the site is the Otley House, which is

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a homeless shelter. The facilities are basically segregated with the Otley

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House entering off of Woodland Avenue, and I believe the primary entrance for

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the school is off of a small street called Irving Street with its own

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parking lot and entryway. So there is good segregation there. I do want to indicate that

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SLACS has been an excellent member of the community since its inception. Its facilities

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are absolutely impeccable and I would urge any of you to visit. You would be stunned at the level of

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maintenance that it enjoys, I think that's in part due to its very strong board participation

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with people from the community.

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We did put in the 10-year proviso, not because we want SLACS to leave, but it appears to

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be their intention as they develop their new campus off of Whitby and Cobbs Creek Parkway

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that they may be abandoning this location.

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We would love for them to expand to such a point that they need to stay here in the future, but we didn't want to be in a situation where we have an attachment to the land that an owner then may decide to do something that was not beneficial to the community.

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I think we all agree that Southwest Philadelphia is in need of decent, affordable housing, and this would be a site in the future for such a development if SLAC should leave.

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I have the utmost confidence in the, I guess it's now CEO Purnell's ability to oversee the school.

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We started working with her when she was the principal, so we just can't speak highly enough for this member of our community.

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Thank you for listening.

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thank you craig thank you very much so i voted

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all right i voted michael voted

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oh uh cheryl gaston my vote is yes with proviso

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to another Graham my vote is yes with proviso

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my vote is yes with proviso Layla Beebe my vote is yes with proviso

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okay thank you um okay thank you chair sorry to interrupt this is Ian Hegarty we do have an

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interpreter on we do have an interpreter on the line now they've been promoted to

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panelists and so we can handle that add-on case and uh case number four so we're going to go first

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for the number five again we have to re-vote it thank you have a good day all right thank you

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council thank you very much six four four one north 20th street

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yeah but since the interpreter wasn't there we still do it

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okay so spanish interpreter please hello good afternoon hi could you please state and spell

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your name for the stenographer of course my name is rocio it spells r as in romeo o as in oscar

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c as in charlie i as in india o as an oscar do you swear or affirm to tell uh to interpret

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accurately completely and impartially from english to spanish from spanish to english

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i swear okay um we're gonna go vote for number five right so yes and number five is mi2025

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zero zero zero six two two

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could you please state that for me yes of course i apologize uh vota por el numero cinco verdad

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Así que sí, el número 5 es M-I-2-0-2-5-0-0-0-6-2-2.

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All right, and it's 6441 North 20th Street.

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Es el 6441 Norte Calle 20.

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All right.

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I vote yes per amended refusal dated September 15th, 2025.

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Yo voto sí la negativa modificada con fecha del quince de septiembre del dos mil veinticinco.

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Two family household living on the second and third floor of existing structure.

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vivienda bifamiliar, situada en la segunda y tercera planta de una estructura existente,

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is approved.

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The proposed commercial uses on the first floor are denied.

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¿Se niegan los usos comerciales propuestos para el primer piso?

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Michael Jones, my vote is yes with proviso.

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michael jones me

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voto es si con proviso con una condición

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cheryl gaston my vote is yes with proviso

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cheryl gaston mi voto es si con condición

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tenetta graham my vote is uh yes with proviso tenetta graham my vote is see

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ma'am this is the interpreter you said proviso as well yes thank you

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kaya win my vote is yes with proviso and just lynn reidel hubert this is a revote just noted

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for the record thank you

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okay is that it okay we're good now do number four am i correct we're going to do number four

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interpreter so mi2026-002112 4045 west rod avenue

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entonces vamos a hacer el número 4 entonces m y 2 0 2 6 0 0 2 1 1 2 4 0 4 5 oeste avenida broad

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the attorney is joseph aquaro

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el abogado is joseph aquaro

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okay thank you interpreter this is ian hegarty executive director i just wanted to um introduce

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you to mr vaquero uh and let you know that he will i believe be presenting most of this case

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to the board as the attorney for the applicant that portion of the proceeding does not require

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interpretation however any interaction between mr focaro and his client should be done in english

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and translated by you and any questions from the board to the client should also be translated

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and and lastly any disposition by the board should be translated do you have any questions

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interpreters

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um i'm sorry this is an interpreter just to clarify do you need me to say this or should i

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ask uh answer just yes or no just answer yes or no thank you yes it is clear thank you okay thank

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you very much please proceed mr vaquero good afternoon joe if i remember correctly you've

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have been sworn in right yes do you identify your client yes gladly my client is jose vargas he's

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sitting to my left and he's the owner of the property through his uh his corporation jose

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vargas properties inc okay our vice chair has a few questions for you joe yep good afternoon

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have you submitted your documents and exhibits 14 days in advance of this hearing uh yes i do

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and do you waive the reading of your referral and stipulate to his accuracy yes i do all right

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thank you you can share your screen and proceed with your case thank you very much uh it's my

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pleasure to uh represent jose vargas and his corporation i'll start sharing my screen

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and

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and Joe let it let us know if he if he needs anything okay relative okay very

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and Joe let us know if he

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needs

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well thank you do you see the front of the store we do okay and it's moving

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right I have the the proper screen yes it's moving okay I just wanted to make

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sure that we're all on the same page so this is basically an application for a

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special exception so that Jose and his family in his grocery store, Girard

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neighborhood food market, located at the southeast corner of 41st and Girard, so

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that they could sell hot foods. It's already an ongoing bodega grocery store

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with two aisles, already selling sandwiches, already selling cold foods,

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and he'd like to have permission from the board to be able to sell hot foods.

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This is a picture of the front of the store, courtesy of Google Maps,

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and I'll be scrolling down with the photographs.

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Here's our poster, which was put up, and I'm trying to make it scroll down a little bit faster,

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if the computer will permit me.

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You briefly saw the other poster.

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Here's the third poster, and there's our poster.

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He already has the sinks in place, a view of the food prep area.

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This is a deli slicer condiment.

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area. Here's a griddle. Here's a sink that we saw with the condiment area that we saw before.

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Fire suppression and hood system.

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Here's another view of the griddle with the hood system and the fire suppression system.

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And all of this is located behind the counter area, located in the front of the store. If you

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saw the front door into the store you have the cash register area immediately

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to the left and this is all behind the cash register area. Going further down

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to the photos and all of these photos were shared with the um rco when we had our meeting on

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june 25th of 2026 which i attended along with jose um by way of background uh jose

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had purchased the building on April 13th of 2021. Store hours are from Monday through Friday from

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7 a.m. to 8.30 p.m. Saturdays from 8 to 8, Sundays from 8 to 6. Three people at a given time work at

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the store, Jose along with his wife Julia Elena and Jose's brother, his name is Santos. We've had

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We are meeting with the RCO on June 25, 2026, and even though we don't have a letter of support from them yet, at least I haven't received one, there was a positive response at the RCO meeting.

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They did ask for a CBA, a community benefits agreement, which we agreed to in general, in principle.

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there's just a few minor corrections um among the gist of the community benefits agreements was that

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the uh the store needed to remove any of the uh games those those video games which they already

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have been removed um city council and i believe even on a statewide level they're no longer no no

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no um no store no concern is allowed to even have them anywhere statewide and they've already been

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removed uh consistent with the cba and consistent with the uh with the law they also asked for um

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additional healthy food options more fruits and vegetables which i'm showing you some photographs

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and some fruits and vegetables that the store always has onions potatoes i have a few additional

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photographs of again here go fresh fruits fresh vegetables which are available as well as frozen

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fruits and vegetables in their freezers um that was the uh that's the food prep and serving license

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that was the uh that's the food prep and serving license which the city already had granted to

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which the city already...

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them uh and it's still still active um i have some additional photos which i'd like to show the board

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of the store

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store. It's a two-isle store. Here's the aisle to the right when you come into the store.

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this is the checkout area and all that kitchen equipment

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is behind all this display and behind the deli counter

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this is that same aisle looking towards the front of the store that's jose

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this is the aisle to the left that's that deli counter

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and another view of that same aisle and this is that deli counter area and behind that is where

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the kitchen equipment was in addition to the healthy fruit healthy fruits healthy vegetables

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and other healthier fruit fruit drinks we also agreed that we would apply for that the store

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would apply for some sort of a cover to cover and hide away the trash bin that's on the side.

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If you saw that first photograph, there was a trash bin that's on the sidewalk. It's a commercial

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trash bin. So if the board were to grant us this special exception, my client would immediately

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put in an application to have some sort of a structure to cover that trash bin

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on the side and the third item or I'm sorry the fourth item that the RCO had

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asked for was to keep the store looking nice beautify it paint it as may be

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necessary we still have not gotten the community benefits agreement back to us

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from the RCO, but we anticipate that the RCO will sign that. And with that, we would like to

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proceed operating. With respect to the requirements that the code provides for a special exception,

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this application to sell hot, to prepare and sell hot foods, it would not add to any congestion

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in the public streets or the transportation systems it would not add to any overcrowding

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on the land in question I'm sorry it's nothing Jeff but okay I thought I heard somebody ask

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it would not be impairing any adequate supply of lighting or air to any adjacent properties

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it would not be burdening any water sewer school parks or other public facilities it would not be

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impairing or permanently injuring the use of adjacent conforming properties it doesn't

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endanger the public health or safety by fire or any other means and it's not inconsistent with

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the comprehensive plan for the city um this application to sell hot foods it would add

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to the uh food choices that the neighborhood has um this is considered a food desert and every time

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um when we've had our meeting with the rco there was positive response they couldn't wait for him

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to be able to sell hot foods when i put up the posters at the property neighbors were asking

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what's going on what are the posters for and they showed some excitement and they couldn't wait for

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for jose to start preparing and selling hot foods so what was using the joe is he using the basement

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to um let's ask that question of jose

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do you want me to ask that question in spanish or do you want the

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okay all right interpreter could you ask the uh jose if he's going to use the basement also

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José, ¿va usted a usar también el sótano?

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Yo lo uso para soda solamente.

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Interprete aquí, un momento, por favor.

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Señor, este es el intérprete.

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