civus
Hearing video

ZBA Hearing - May 12, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 12, 20214h 52m

I was just curious, Mr. Chico, do you have exhibits to present?

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I emailed them to you.

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I do not know how to bring them up and share them with you.

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My computer, it's an older computer.

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So I've sent them several times through email.

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So, Chair, it's your call, how you want to proceed.

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Yeah, I think we already had some issues in the past.

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Do we have, you said you have a letter from the RCO?

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Jack's on the line right now.

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Jack is who?

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He is from the, where is he?

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The RCO, the RCO.

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All right, just have Jack stand by.

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Okay, tell him to stand by.

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Charon, do you have anything that we might be able to use to get this hearing underway?

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I can try to email you the exhibits now, if that would help.

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all right listen you know what let's hear from the rco and then then we'll make a decision

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all right he said go ahead yeah he's on okay he's on uh yep well whoever he is we need his

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full name spell it and i'll square him in

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mr o'hara jack please raise a hand

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I'm sorry, I'm going to put you in, sir.

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Hello.

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Hello, Jack, are you there?

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i'm having a little bit of trouble finding him sir i'm sorry

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take your time no rush no i don't see him listed

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he he's calling in right he he just called me said he's on the zoom call he said he's on the

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zoom call he just called so he would have to raise his hand to be recognized okay jack can you raise

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your can you raise your hand he is raising and he is raising his hand now 2-1-5-2-8-0-0-0-1-9

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There he is, there he is.

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there he is there he is okay hello i apologize for that

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Okay.

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Hello.

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no worries could you please identify yourself spell your first and last name

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uh yes my name is jack o'hara j-a-c-k-o apostrophe h-a-r-a i am uh the president of the greater

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bustleman civic league my home address 9823 veree road philadelphia 19115 jack do you swear

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a firm to tell the truth the truth about the truth yes i do thank you sir please proceed

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uh i'd like to uh share with the board that uh uh mr chico and husband uh presented to the

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greater boston civic league back in january uh after the presentation of the shed that they

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uh wanted to build uh we took a vote and the vote was uh 20 to 2 20 to support uh the variance

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request of uh mr chico okay thank thank you um i don't know if the other board members you get a

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uh from sharon did you get the uh the proposed uh shed

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any board members have any questions no uh anyone else would like to testify in this case if so

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please raise your hand i see no further hands mr chair thank you planning commission uh ron

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recommend the quets of variance began. Thank you. MI 2020-002733-9721 Dedeker Street, my vote is yes.

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My vote is yes. My vote is yes. My vote is yes. Thank you. Okay, we're back to number one, correct?

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yes and chair if you're able to access your text messages it might be a little difficult to read

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but i did send um three of the exhibits yep i'm just seeing it now thank you you know what now i

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can't find number one this is terrible i'll read it off mi 2021-000362199 west chample street

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there's a letter of support with the proviso proviso is a three-year temporary variance

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and we know we don't know yet if hillary's on miss emerson

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or more importantly are we able to get the applicant on yes i'm here the somerson is on

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as well sir okay i'm sorry miss mccans if you have on two devices you need to mute one i get

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a little echo from you.

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Bye.

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You lost him again?

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No, I'm here.

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All right.

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We're trying to get it on another device,

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but they i'm raising my hand on the other device so we can get it on here so we can pull this share

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screen you can just go ahead and speak to your case go ahead and i'll be okay thank you okay

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So my name is Latrice McKent, last name is M-C-C-A-N-T-S, and I'm trying to open up a bakery at 199 West Champlau's Avenue, Philadelphia, PA, 191-2-0.

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um i have pictures i have pictures um i'm signing a lease i'm for a bakery um

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what uh i got a refusal letter saying that i needed to get the zoning um

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I'm sorry. I needed to get approval from the town meeting to have the bacon.

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Um, approval from the town meeting to have the bakery there, which I sent out letters

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and I got a letter from the CEO and they, they all supported the, you mean the RCO, correct?

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I'm sorry. Yes. The RCO, um, they supported the, the bakery.

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Do you have any plans you can share with us?

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floor plans? Yes. It's actually a floor plan that I gave y'all in the files.

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Yeah. Okay. Yeah. We have, I have it on my phone, I think. Nope. I don't.

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No, it should be down a little more.

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That's the refusal.

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Where's your table?

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No.

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Oh, that might be the picture there on that one.

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screenshot maybe no that's not it that's the um that's for the license inspection that came in

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okayed everything for me to get the business license why don't we do this just hold off

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miss mccance for a moment is miss emerson on let me see i'm here mr chair okay why don't we

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we'll get your testimony we'll get your testimony uh hillary please identify yourself and i'll

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you in uh sure i actually was sworn in earlier um this morning but identify myself no problem

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i'll identify myself again hillary emerson on behalf of councilwoman um sherelle parker

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um the councilwoman after considering a number of factors in this case um is not taking a position

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in this matter um the reason is um this this property does have a commercial history at least

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i think there may be a residential unit in there but it does have commercial history on

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on the space being requested and has been vacant um for at least several years um in the commercial

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um part while the councilman believes that a commercial use would be appropriate given the

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history and the location um this is a residential area but there are other there's commercial on

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three out of the four corners um she um she is all understanding of the opposition from the

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adjacent neighbor. This is the end of a row house or end of a row of row houses. And the neighbor

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who shares the party wall has expressed to our office that she is opposed to having a food

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business at this location. I believe she indicated she'd be okay with another commercial use as it

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was in use when she purchased the property um but she has indicated to us like she may be here today

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um as well that she she did not want to have a food business um on the other side um of um of

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the wall the party wall um we so given those those concerns where we we feel commercial is appropriate

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but the commercial um that's a that is being proposed is of concern to the neighbors um

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we are not we are not taking a position however we are asking that if the board does decide

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um to grant this use um that it be granted on a temporary basis because it's being classified as

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a grocery store um and there's already another grocery store convenience store across the street

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um so we we we like we don't want to see a proliferation of the same you know type of

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business um should the bakery not continue um if again if the board decides um to grant this

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thank you do you have any knowledge of history of the prior uses were

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my understanding um is it was approved for a dry cleaner um and a tailor shop um i remember seeing

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that in the um in the history and the neighbor um who we've spoken with told me that it was a

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a tailor shop when she initially moved in about 15 years ago no food that you're aware of thank

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you no this um according to the zoning history um the board did um i think it was in 2015

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approve a takeout restaurant at this location but it never opened and i understand

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approve a takeout restaurant at this location but it never opened and i understand the neighbors

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were opposed to that as well at least the neighbor that that we spoke with and again she may be

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on this call and can speak for herself okay thank you um

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where are we miss mccance are you able to get us um i'm trying to see if we can pull it up on

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the other screen so i can show you all my photos of the shop um my sister raised her in on here and

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her name is nicole johnson and is not letting her go come in excuse me i don't know if you want to

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do this or not but if um she has it on her ipad she could use her phone as a hot spot maybe it

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would give her stronger wi-fi but it's up to you obviously it won't let me share the screen

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I don't know how we go forward without knowing something about it.

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i mean it's the one we've tasted before was a shed we understood that was so i don't hear i have a

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promoted miss johnson um as requested if she wishes to share her screen it might be able to work for

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her thank you okay can you see it yes can they see it yes the plans the chair asked for the plans

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if we can bring those up that would be helpful i've showed the other documents

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okay you're gonna play here there we go okay so

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i'm having a hard time reading it it's uh the print is very light

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uh it's a little blurry yeah before you go any further did i hear

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miss mccant i think earlier say that you have a lease agreement yes how long is the lease

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agreement what are the terms of the lease um it's for a year one year yes

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and i i actually um remodeled the place um because i didn't know that i needed zoning

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because i was told from the takeout shop that was going to be there in 2015 that it was already

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zoned so when I when I leased it they I didn't know that I needed zoning so I did all the

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remodeling I actually spent all my savings that I had I didn't get like no loans or anything I

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used my savings to remodel the place to make it a takeout bakery because the person that was there

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in 2015 she was it was a takeout sandwich shop your your your intention excuse the interruption

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is strictly takeout yes it's all takeout and it's pastry or or break uh what is it pastry

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it's like yes cupcakes cookies and like let us like cakes cookies cupcakes that's it what would

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your hours of operation be? Okay. Monday through Tuesday, it will be closed. Wednesday through

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Saturday, it will be 9 to 6, 9 a.m. to 6 p.m. And on Sundays, it will be 9 a.m. to 3 p.m.

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Chair, this is Sharon. If you'd like, if it would make the use more acceptable to the neighbors,

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you could limit it to bakery use hours of operation through your attempt to expire on a

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specific date yeah i was kind of getting there with the day that's why i asked about the days

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and hours since the category is a little broader than that it's a grocery store it's classified as

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you could limit it further to the bakery use

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bakery use right days of operation and hours

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um trying to think you're an exhaust system already in place yes

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um i don't know does the board have any more any questions no

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is there anyone else who would like to testify in this case if so please raise your hand

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no further hands at this time mr chair i'm the chair sharon again if you'd like to hold it for

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i'm sure sharon again if you'd like to hold it for a week for discussion i could in the meantime

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a week for discussion i could in the meantime

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send you all of the exhibits hey i don't i think it's for me anyway it seems to be pretty clear cut

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what she's proposing okay unless the other members want to wait it's up you know to me

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i i don't need to wait okay uh there won't be a takeout window correct

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no it's just you come get your order and just leave no okay thanks and you only have a one

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year lease um yeah but i'm going to see i was trying to wait for the the zoning permit so i

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can ask her for longer she don't mind my um owner is pretty yeah i mean for you for your purposes i

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would suggest that you try to make something like a three five year lease right well three years

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something like that okay all right um planning commission uh ron bednar city planning uh the

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property is indicated for residential use on the city plan we recommend that a temporary use variance

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be permitted thank you so uh miss mccanson i'm going to go over again what was the uh monday

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and tuesdays closed mondays and tuesdays closed wednesday through saturday from 9 a.m to 6 p.m

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sunday 9 a.m to 3 p.m okay thank you thank you all right i think i got it right mi 2021

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that's zero zero i'm sorry is there anybody else who wanted to testify i apologize

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guys you asked you we're good all right mi 2021-000362199 west shampoels my vote is yes

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with the following proviso used to be limited to bakery purposes days of operation monday and

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Tuesday is closed, days of operation Wednesday through Saturday, 9 a.m. to 6 p.m., Sunday, 9 a.m. to 3 p.m., with a three-year temporary variance, to expire June 1st, 2024.

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My vote is yes with proviso.

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Yes with proviso.

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Yes with proviso.

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I think that's it. Oh, we're all finished, right?

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Yes. We are finished as far as the list is concerned,

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but may I make a request that we check to make sure everything that was

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supposed to go forward today has been.

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We leave anybody out. Is that what you're asking?

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Yes, chair.

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Did we forget anyone? Any, any applicant, I should say.

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Anyone else?

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I do not see anyone, Mr. Chair.

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Very good. We appreciate that.

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Thank you. And again, thanks to everybody,

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especially those folks behind the scenes

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to make this all happen.

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Have a good week. Stay safe.

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Thank you.

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