civus
Hearing video

ZBA Hearing - July 12, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jul 12, 20235h 52m

have to accept everyone we can decline a large group of people um you know we're trying to accept

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smaller groups and understood understood um so in terms of safety you intend to have

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a staff on and present at any event is that correct yes because we put a lot of money there

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and we intend to put more and we don't want our business our building to be vandalized

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so we do have cameras there to make sure that someone is looking as well as there's going to

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be a staff member there as well at all times to make sure that, you know, there are no alcohol

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or anything that is not in the contract of them having the space for the time that they're having

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it. Right. And just to be clear, there would never be a time where alcohol is permitted.

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No. Okay. And food is also separate. It's bring in, it's self-cater? Yes. Okay. All right. I don't

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have any further questions for them at this time but would reserve the right if there's a question

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asked in opposition quick let me answer this question how many people attended the rco meeting

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um i don't have the exact number of that but i would say there were there were i mean it was a

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full screen it didn't go on to two screens sort of situation but there were people present okay

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all right thank you questions from the board

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i'm a chairman questions or comments from the virtual audience

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i see no handshake wait a minute we have charles richardson chair

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hi mr richardson just state your name for the record please good afternoon mr chair uh charles

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Richardson, Office of the Councilwoman, Councilwoman Cindy Bass from 508 City Hall.

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Proceed, sir.

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As indicated, the Councilwoman is opposed to this project.

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The applicant prematurely renovated the space without knowing that the fact of whether the

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community would be supportive of that just seems to be an attempt to jump on the bandwagon

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and a lot of other folks that have tried to create event spaces, even within a couple blocks of there.

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And you guys have heard those cases within the last few months, and they've been denied each time.

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You know, as they continue to talk about the fact that how nice.

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you know, as they continue to talk about the fact that how nice things are, but the things that

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they're doing are during the day, and they don't have any real idea of how things go in that

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community in the evening. And the type of events that they might be having up until midnight

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actually would have some kind of other effect on the community there. So, you know, and I did let

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Justin know ahead of time because he reached out to us trying to find out about, you know,

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what the temperature was in the community with regard to an event space.

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And I did let him know that others had been rejected quite frequently.

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So, you know, the councilwoman is against it.

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And just wanted to clear that up for you.

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And also just wanted to also say with regard to Oakland and Worcester,

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everything had been scheduled by them, but they unfortunately were not unable to attend.

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So it did not go as rough or choppy as it might have been indicated.

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Thank you. Thank you for calling it. May I have a question, Mr. Krip?

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Well, I would just like to indicate that the idea that, and I'm happy to show them again,

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the idea that the applicant went ahead and did some renovations prematurely is not without

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their knowledge that this may not be granted and they may have to repurpose. She's the owner of

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the property and she has the full right to get a head start, even if it's not guaranteed. And we

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know that the second part though is that that to to indicate that others have been uh declined in

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this area um i think it's important to note that they may have had different circumstances and

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being this is a referral and a special exception if they're all being denied then what is enough

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that doesn't raise to excessive beyond the normal amount of an entertainment venue so i think this

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is based on its size and the characteristics that are there's no liquor license no intent of alcohol

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i think it is distinct from any other event space and and and can't get more de minimis to

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not burdening or or uh you know not harming those objective standards i don't think that

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that there's been an objective uh proof met that this use would exceed the ordinary use

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of an event space is there is there anyone else in the virtual audience

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Here we have Robert Young.

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Mr. Young, could you state your name, please, and spell it for the court reporter?

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Yes, my name is Robert Young, R-O-B-E-R-T-Y-O-U-N-G.

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

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I do.

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Are you a neighbor?

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Yes, I am.

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Proceed.

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I've listened to all the comments. My concern as a local resident is the traffic on O'York Road and Broad Street.

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Even though the pictures show basic Broad Street traffic, there has been no mention of the C bus that comes down Broad Street.

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We have another bus that actually turns off of Old York Road and crosses Broad Street.

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You do have the bank.

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There's a lot of stop-and-go traffic, and even though the facility itself is to be used for those type of situations,

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I think the neighborhood just reflects the parking concerns.

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uh broad street is broad street there are businesses on all york road you have the

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police station that takes up a spot uh the businesses on all york road they have to stop

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and go traffic so when you have a situation where you want to have an event the overflow of parking

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and i understand maybe 50 people i don't know how many cars that brings but the overflow will be

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onto the residential streets and as much as the concern of what type of facility it is

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the neighborhood i feel that the overflow of parking during certain hours will be an impact

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to the neighborhood thank you mr young thank you thanks for taking the time

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is there anyone else in the virtual audience here we have sharon mcclain

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hi miss mcclain could you state your name and spell please for the court reporter

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okay i'm i am this is it's my phone but my daughter vernee handy uh she's a daughter of

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of uh monday handy who owns the handy's barbershop she wants to make a statement so i'll let her talk

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hi could you state your name please as bell for the court reporter yes my name is vernee handy

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v-e-r-n-e-e last name h-a-n-d-y do you swear or firm to tell the truth the whole truth and

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nothing but the truth yes your business is in the neighborhood yes my father's business

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Yes. Your business is in the neighborhood? Yes, my father's business in the neighborhood. I've lived in the neighborhood my entire life. Proceed, sir.

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um it's a ma'am actually i'm actually in favor of this event space um i do commend

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the uh woman for wanting to expand her business um as before she's rented the business to a church

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on the uh in the same building that she's in so i don't know what any difference there would be

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as far as parking uh as the members of the church attended i'm sure it would be the same amount of

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people at the event space also across the street adjacent across from the 35th district there is a

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bar myspace bar so there are all already liquor on the block i think you guys should give this

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woman a chance and her daughter to have black-owned businesses in the community and i congratulate her

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and i pray that it goes through thank you thank you anyone else in the virtual audience here we

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have bill williams mr williams please state your name and spell for the court reporter

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name is bill williams b-i-l-l-w-i-l-l-i-a-m-s right do you swear or affirm to tell the truth

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the whole truth nothing but the truth yes are you in favor or against it i'm against

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could you tell me real quickly why my concern is all the people that's going to be coming

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And actually, we have three event spaces within three or four blocks that's on the agenda right now to be made into event spaces.

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All of them claim they're not going to have liquor.

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They're not going to have this.

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But you're inviting people from all over the city to come to a place where we're already having a whole bunch of problems.

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We're just inviting more problems, I think.

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Mr. Williams, thank you very much for your input.

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We appreciate you calling in.

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Is there anyone else in the audience?

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I've seen no more hands, Chair.

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Hi, Planning Commission.

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Thank you, Chair Bergman, and good afternoon, David Fecto with the City Planning Commission.

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

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The appellant has shown that the proposed assembly and entertainment will have no detrimental impacts to the neighborhood beyond what might be expected from this use.

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The City Planning Commission recommends the board grant the proposed special exception for assembly and entertainment.

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Thank you.

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MI 2023-000952-5918 North Broad Street. I vote no.

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Tom?

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Can you repeat?

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yes so i i vote no tom

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okay thank you jim james snell my vote is no

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mr kelly you get both votes the little three votes

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chair i'm afraid i have to ask mr holland yeah that's fine tom could you vote one more time

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Tom?

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Unmute, Tom.

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Your vote.

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Tom, could you just say yes or no?

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Mr. Chair, I believe we also have Mr. Shahid back on.

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Ish, could you vote, please?

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Yes, Ishmael Shahid, my vote is no.

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Thank you.

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Mr. Crick, could you stay on, please?

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We have another case with you.

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Thank you very much.

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Yes.

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Number six, MI 2023-001-042, 10 South Front Street.

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recommendation of support from the old city district and a letter of non-opposition

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from council member squilla um you've already been sworn just for the record state your name

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yes justin crick j-u-s-t-i-n-k-r-i-k right and could you identify your client the relationship

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to the property yes my client is anas hamed and he is the owner of the tenant he's the applicant

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owner of the tenant um uh the victoria free house which which will be later known as lily's ferry

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um ish could you follow up with a few questions sure

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Sure. Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate

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good afternoon council do you agree to waive the reading of the refusal

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to its accuracy? Yes, I do. Have you emailed in all the required documents and exhibits that are

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needed and required to proceed with this case five days in advance of this hearing? Yes. Thank you.

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Please proceed and share your screen. Thank you. Members of the board, my name is Justin Crick,

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and we are here for this matter is an application for the property located at 10 South Front Street.

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The applicant, Anas Ahmed, would like to, as an occupant, continue and expand the proposed

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restaurant use that he has in this first floor of this property already. So this is for an assembly

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and entertainment and smoking lounge with sit-down restaurant at the second floor of this building,

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which already exists, his sit-down restaurant with assembly and entertainment on the first

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floor. There is no sign on this application. So essentially, the proposed assembly and

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entertainment is not allowed in the district and the sit-down restaurant and smoking lounge

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generated special exceptions in this area. For geographic purposes, this is located right along

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South Front Street you may all be familiar with the parking right as you

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get onto this ramp on to 95 we are about the fifth building in along that way and

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as you can see we're located right here first floor and then we're trying to

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expand to the second the occupant has no control over the third and fourth as

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residential but does have the landlord's approval to to expand the first floor

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dining and assembly entertainment to the second floor as well as the smoking

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lounge upstairs so another vantage point of the property you can see there's

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already some parking and as an old city you know parking there's parking garages

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and the neighborhood didn't seem to concern with that aspect of it and we

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also have their support this is the the layout current situation of the second

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floor of the property it's empty and not in use but will be laid out very similar

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to the first floor without the bar some seating along and tables along the sides essentially

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this is the the number of seats at the bar and the layout of on our system didn't quite have an

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exact layout so we're using the the the seating crm to show you about how many two seating tables

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two top tables can fit along each wall of the second floor after meeting with old city district

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They supported this unanimously with, you know, all seven out of the 10, seven board meeting members and 10 other attendees all supporting this matter.

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Here is an exemplar of the lease, again, the Victoria Free House and Anas Ahmed.

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He will be opening and operating this, I believe, under the name Lily's Ferry when it is open.

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the staff the intent is to have hours of operation from 4 to 12 on Sunday through

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Thursday 4 to 2 a.m. Friday Saturday and a little bit of actually and some again

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with the restaurant some music over the speakers maybe maybe someone with an

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instrument walking around to provide ambiance uh it will be mediterranean cuisine there are about

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approximately 42 seats on the first floor i'm sorry uh and uh and i believe that's it again

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with with the um with the approval of everyone they understand that he's just trying to expand

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the existing operation from the first floor to the second and to add the smoking lounge to that

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second floor uh we do again have the support and notice and proof of mailing is attached

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as well as a tax clearance certificate for the victoria treehouse

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i have an assamed on the line if he can raise his hand i would have him adopt the testimony thank you

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hi could you state your name please and spell for the court reporter

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Please unmute yourself.

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Can you hear me now?

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Yes. Could you state your name, please, and spell for the court reporter?

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Sure. My name is Anas Hamed, N-S-A-N-A-S, H-A-M-E-D.

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

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I will say the truth, nothing but the truth.

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Okay. Proceed, counsel.

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All right, Mr. Ahmed, have you had a chance to hear my testimony to the board today?

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Yes.

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And would you say that my statements were true and correct to the best of your knowledge?

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Yes.

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And would you adopt my statements as if they were your own?

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Yes.

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Yes.

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Do you have anything else you'd like to add?

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Do you have anything else you'd like to add?

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No, sir.

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No, sir.

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Thank you.

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Questions from the board?

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No, Chair.

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No, Chair.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Right, thank you.

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