civus
Hearing video

ZBA Hearing - January 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 10, 20245h 43m

My vote is yes.

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Thomas Holloman, my vote is yes.

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Jane Snell, my vote is yes.

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Mr. Snell, can you certify on this case as well as the next two?

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Thank you.

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Absolutely.

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I certified that I watched the video and ready to vote on this case.

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And as I stated, my vote is yes.

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Thank you.

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Number three, MI-2023-0049302100 Diamond Street.

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My vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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thank you certify mr okay do it for this one okay uh yeah we have to vote them separately

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watch the video and ready to vote on this case and as i just stated my vote is yes

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thank you thank you commissioner snow uh number four mi-2023-004929 2033 north 22nd street

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my vote is yes

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My vote is yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Thomas Holloman

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my vote is yes

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You got a certification one more time. Sorry. Sorry. I certify that I have watched the video

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from this case and I'm ready to vote on this case and my vote is yes. Sorry about that.

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No problem. Thank you very much. Thank you, Isha. Mr. Chairman. So, yes, I'm going back. So,

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So number five, MI 2023, 005-146-4315 Boone Street.

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I vote appeal denied.

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James Snell, my vote is appeal denied.

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Ishmael?

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Yeah, I couldn't turn my mute back off.

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Ishmael Shaheed, my vote is appealed tonight.

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Okay.

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Here.

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And number...

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Hold on a minute.

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I'll be right with you.

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Number six.

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MI 2023-005-346-4315 Boone Street.

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I vote yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Do it again, Ishmael Shaheed, my vote is yes.

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Thank you.

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And number seven, MI-2023-004-606-3593, Primrose, my vote is yes, and that's Ishmael and James Snell again.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you.

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We're going to move to our regular list.

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Number two.

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M.I. 2023-005-629-1901 Chessna Street.

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Joseph Vaccaro is the attorney.

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Letter of non-opposition from the Center City Residents Association.

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Joseph Vaccaro is in as a panelist.

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Mr. Vaccaro, could you state your name, please, and spell for the court stenographer?

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Let me try this again. Good afternoon. May it please the board, Joseph Vaccaro, VA, CCARO, Attorney ID 83366, on behalf of the applicant, Oak Berry.

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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, I do.

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Mr. Holloman, could you do a quick follow-up? Ishmael had to get off the phone real quick.

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good afternoon good afternoon counsel good afternoon mr hollivan do you agree to waive

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the reading of the refusal or referral and stipulate to his accuracy yes i do did you email

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all the exhibits and documents as required five days in advance to this hearing yes i did with

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the exception of the letter of non-opposition which i received over the weekend so that was

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sent no later than monday thank you thank you please proceed and share your screen thank you

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very much

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We're doing 1901 Chestnut, correct?

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We are, sir.

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Okay.

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This is an application for a special exception to permit Oakberry

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to run its store, which sells acai bowls and smoothies.

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If I could show you the

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photos of what the store looks like.

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Then I'll share my screen.

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Can you see the zoning notice?

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We do see it, sir.

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Okay, so I got the right one.

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So I put up the zoning notice.

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This is what the store looks like.

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This is the inside.

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This is the inside. Obviously, my client still has to clean up the place.

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Obviously, my client still.

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I'll show you the, there's no access to the back, so there will not be any photos of the back of

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the building. I'm going to pull the nutrition fact booklet, showing some of the products that

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would be sold i could just

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how do i i'm looking for the screen again so i could share that screen uh can you can you see

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the nutrition fact booklet you gotta roll it up i mean we see the front page okay yes but you see

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that okay yeah okay that's basically the products selling in one in nine ounce bowls 12 ounce bowls

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and 16 ounce bowls and 24 ounce bowls with the nutritional information uh essentially the hours

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of operation would be seven days a week from nine to eight and as mr brandstatter who's in on the

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meeting, they have stores in Florida, Washington, D.C., Chicago, all the major cities, and they're

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looking to open up two locations in Philadelphia. One location at 1901 Chestnut, the other location,

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which is coming up later on on today's list, at 1206 Walnut. Essentially, this is nutritious,

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fast food. If the board

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happens to have any questions

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I could bring in Mr. Branstadter

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in on the call.

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Well, why don't you bring him in to adopt your testimony?

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Sure. Mr. Branstadter

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can you raise your hand?

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Is that Alexander Branstadter? Yes, ma'am.

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okay i will allow him to speak now mr brandstatter

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can you hear me sir could you state your name and spell please for the court stenographer

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okay can you hear me we can okay my name is alex alexandre brandstatter it's a l e x a n

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D-R-E

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B-R-A-N-D-S

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T-A-T-T-E-R

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Right. Do you swear or affirm

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to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Proceed, counsel.

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Thank you. Mr. Brandstatter, did you hear

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my presentation?

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Yeah.

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Yeah, I saw.

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Would you adopt it

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as your own, as if you were testifying

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yourself?

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Okay.

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We are...

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Start by saying yes.

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Ah, yes, I'm sorry.

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Okay.

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And what else do you have to add about your store and your operation?

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We are bringing, just as a small store, we are bringing health fast food to the U.S.

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We have more than 600 stores around the world, and we just started in the U.S.

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in the west we had 20 stores and we hope we can open two stores in philly

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uh our main goal is to bring a health fast food for for the people in the city

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okay all right um and this is an application for a special exception

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right i understand hillary we're going to do these separately right

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um yes we get because they're they're different addresses different rcos

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Thank you. Sure. Questions from the board? No, Mr. Chairman. No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Just a quick comment, Mr. Chair. The refusal was a little bit confusing about the proposed use because it kind of mixed a couple of different eating and drinking establishment uses together.

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so um i had prepared a proviso just to clarify the takeout restaurant yep did you hear that

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thank you all right questions or comments from the virtual audience

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there are no hands chair planning commission

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good afternoon chair peter bernard for the planning commission

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do you swear just just for the record peter spell your name yes my name is spelled p-e-t-e-r

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b as in boy a as an apple r as in roger n as a nancy a as an apple r as in roger d as in dog

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Do you swear a friend to tell the truth told you nothing but the truth?

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do you swear a friend tell the truth told you nothing about the truth i do

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I do, Chair.

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We'll be right back.

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Please proceed.

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The comprehensive plan recommends no change to the existing CMX-4 commercial mixed use at this location.

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We feel the proposed use would have no more impact than what could reasonably be expected.

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Accordingly, we recommend the Board grant the special exemption.

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Thank you.

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So MI 2023-005-629-1901 Chester Street, I vote yes with proviso.

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Approved use is a takeout restaurant.

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Thomas Holloman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Thank you.

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Mr. Vaccaro, we're going to go right to four while you're here.

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Thank you.

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Thank you.

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MI 2023-005-628-1206 Walnut Street, Center's Recommendation of Non-Opposition from Washington Square West Civic Association, Letter of Non-Opposition from Council Member Squilla.

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I think you sent this in with the other one, so I want to just start presenting.

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Thank you very much. Again, this is an application. This is an appeal because we need to have

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a special exception for the proposed use. We already are using the property. I could show

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you the photo. Can you see the photo? We see the zoning notice. Okay. That's a photo of the zoning

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notice. Scrolling down here, they're already in operation. Here's the front of the store.

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Yeah, we see it.

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Okay.

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So that's the front of the store.

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That's the inside of the store.

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I'll slow down here.

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The inside of the store going down.

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Here we have access to the back, so you'll be seeing a photo of the back and the back office.

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This is the back.

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okay and i already showed you in the previous presentation the uh nutritional facts and

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let's see other i i think our attorney has a question for you hillary why don't you go right

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away yeah no i did i did have a question on this one um because i was a little confused between

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the pictures and the drawings how much seating was provided because the refusal may have the

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wrong use on it depending on the number of seats that are being provided well uh there are no seats

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in the store itself um the store is being used solely as takeout and and and maybe if i could

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i could bring in mr brandstad or just to confirm that okay yes that that would be helpful because

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the one the drawings showed that there were tables with some chairs and then but then the photos it

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just kind of had that seating to wait for your order so it didn't have any like sit down any

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sit down portion to it right there it's not being used as a sit down and and we could bring in mr

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brandstatter that would be yeah that would be great if you could confirm thank you okay

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any other questions from the board before we bring in mr brandstatter well why don't you

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bring him in bring him in okay mr brandstatter could you yes okay do you need to swear him in

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again mr chairman no no just state his name that's all he just states his name it's alexander

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brand starter yep and i can confirm it's not it's not sitting no no seat inside just take out

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all right thank you so much that that that me they could the category is then correct that

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they had on their refusal so thank you thank you thank you questions from the board questions from

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the board no mr chairman no chair questions or comments from the virtual audience

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no hands chair cleaning commission

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good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends no change to the existing cmx5 commercial mixed use

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at this location. We feel the proposed use would have no more impact than what could reasonably

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be expected. Accordingly, we recommend the board grant the special exemption.

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Thank you. MI 2023-005-628-1206, Walnut Street, I vote yes.

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Thomas Holliman, I vote yes. Jane Snell, my vote is yes.

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Thank you, Mr. Vaccaro.

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Thank you. That concludes my business. May I be excused?

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Thank you. You can, sir.

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Have a good one. Thank you.

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Thank you.

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Number three, MI2023004.

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Number three, MI-2023-004874, 906 North Front Street.

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Alan Nockamson is the attorney.

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