civus
Hearing video

ZBA Hearing - July 12, 2023

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

We're taking it so we can cut it in half like everyone else is, or essentially cut it in half, and have the property on Fowler Street, which my clients live in, in the building structure, which would be the non-conforming lot, as one parcel, and then have another parcel facing Sheldon Street.

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And here's the correspondence from the organization, and I don't begrudge the organization. They're just taking a summary of what happened here. I would state that the letter that we received from Ridge Park is not factually accurate in this sense.

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They state that the Sheldon Street side, the one that is actually conforming where we have a lot size proposed lot size of 1,460 square feet is the nonconforming aspect.

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It's actually the Fowler Street side where the house is.

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And if the crux of their argument in this letter is that, well, they're dividing this lot such that the Sheldon Street side, you know, they're going to need to get another variance.

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And that's not the case. The Sheldon Street side is the conforming side. And if, God forbid, my clients decide to build something that's not as of right, we'll have community input again. And then we'll have the board decide whether we, you know, have fulfilled our burden of proof under the circumstances.

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But the petition here, so we have, my client reached out to 24 separate properties. This is where we are, and these are all the properties on Valor Street on both sides. They're in support of this project. And then even over here, they're in support over here on Fountain Street and a few on Sheldon as well.

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So we have overwhelming support for this project. Again, my clients didn't really understand the necessity of actually getting people to the community meeting. And then people who showed up were for another project, which I believe the community was very upset about. But my client faced the collateral damage here. And that's why I'm here today.

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And then here's just the petition along with the signatures for that petition.

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And a few letters separate from the petition.

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And then, as you can see, 4749 Fowler Street.

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I can't read this.

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It's a little blurry.

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But it was definitely in front of it.

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It has a calendar number of 10934.

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Same circumstances where there was a subdivision a lot.

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this board granted a variance. This one's not by way of variance. This is 4743 Fowler Street.

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But again, because our lot is a little bit more narrow on the Fowler Street side, where we're

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slightly less than 16 feet wide, that's where we're running a foul of the lot size requirements,

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means slightly off. But again, here, L&I approved by right a subdivision so that there would be

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divided into half where one property would be facing Fowler Street, one would face Sheldon,

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just like we're here today. And then finally, this is by way of variance in 2018, 4741 Fowler

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Street, where again, what we're asking for, someone asked for, and the board granted that variance.

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and uh 20 273 delmar which is not

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And 273 Delmar, which is not pertains to this exactly, but again, just showing another subdivision of non-informing lots.

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And then, as you can see, and just want to highlight this, if I can get the screen on.

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This is our property, right?

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I'm not pointing to the Fountain Street side or the Huntington Street side.

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those properties face differently but if you go down the road every property is subdivided

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and all we did was subdivided exactly how it is we put the line right here essentially but oops

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as you can see like the lot here is slightly thinner on Fowler Street side if we were just

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as wide as we are on shelter sheldon street side we wouldn't be here today it's you know it's it's

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just less than 16 foot wide lots on the fowler street side and that's why we're here too but you

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know and i know it's been a long day mr chairman i just want to you know because it's an opposition

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i just want to make this point clear here's an aerial view too we got an atlas which shows the

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same exact thing every single lot on this on this city block is subdivided between sheldon

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and fowler how we want to do it and then you know again we have the photographs of the property

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oops you know from the fowler street side which my clients live in a two-story structure they're

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not trying to overdevelop it this is from the sheldon street side this is fowler to the right

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of the property. Fowler to the left of the property. You see properties on Fowler.

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And then Sheldon Street to the right of the property. Again, you see building structures

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on Sheldon Street. Sheldon Street to the left of the property. Notice posters,

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proof of posting them. Our plans and drawings, which is just our survey.

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I'm trying to get it smaller. Oops.

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which shows again all we're doing is matching exactly the dividing line to the property right

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next to us and then our rco meeting notice oops

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is mars you know again we didn't do it so this is not the top the common one you see but

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Same thing, you 121 addresses were notified, proof of mailing to those addresses, and then our application for appeal for notice of refusal, project information form filed by my clients, deeds showing that Brian and Caitlin have owned the property since 2017, and most importantly, they don't owe any real estate taxes.

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this city. So with that being said, I would ask that Mr. Thomas, Brian, if you can virtually

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raise your hands to be sworn in. Mr. Thomas? I'm here. Could you state your name, please,

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and spell for the court reporter? Brian Thomas, B-R-I-A-N-T-H-O-M-A-S. Do you swear or affirm

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to tell the truth, the whole truth, nothing but the truth? I do. Proceed, counsel. Yes, Mr. Thomas,

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you heard everything I had to say today

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about your zoning matter.

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Yes.

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And is it true and correct?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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Thank you.

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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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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman, and good afternoon. David Vecto with the City Planning Commission. The comprehensive plan recommends no change to the residential single-family zoning at this location. The proposed lot area is within 10% of the lot area required by the code. The proposed lot area meets the spirit and intent of the zoning code. The City Planning Commission recommends the board grant the dimensional variance for lot area.

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Thank you. MI-2023-001-025-4751 Fowler Street, I vote yes.

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James Snell, my vote is yes.

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ish ishmael shaheed my vote is yes thomas try one more time please

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Thomas, try one more time, please.

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Well, Mr.

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Nackamson, you have your three votes.

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Thank you very much.

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I know Mr.

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Thank you.

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Thank you very much.

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So, Hillary, what I want to do, it's

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close to five.

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I want to take a five-minute break.

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Let Mr. Kelly get straight. Then we have one more case from this afternoon's list.

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And then we have I don't think we have much more than one case on the 330 list.

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So we'll be back. Yes. And Mr. Chair, that that case on the 330 list, we're going to be announcing a new date.

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The attorney had a time constraint and we're up against her time constraint.

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OK. OK. All right. So let's take a five minute break and then we'll let Mr. Kelly get straight.

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We'll be we'll be we'll be right back. Thank you, Chair.

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i'm not seeing mr tom oh i do see him okay all right so we're going back to

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mi 2022 003 437 6900 chester avenue hal schirmer is the attorney zen jin is involved

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Leonard Reuter is involved.

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I'm promoting them as panelists now, Chair.

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Thank you.

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mr jen

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good afternoon how are you mr shirmer good

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there he is

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mr shirmer did you check with your client uh yes we would like to proceed okay all right

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Is Leonard on?

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Yes, Chair.

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Okay, thank you.

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Mr. Shermer, proceed.

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Okay, good morning, good afternoon.

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Mr. Chairman, this is Hal Shermer.

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I am representing Tariq Ryan, who is the owner of the property at 6900 Chester Avenue.

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uh the property was previously subdivided in about two years ago and if i can

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start sharing screen so we have a

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local rco we've gone through three rco meetings most of them have been organized he shared your

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screen, Mr. Shermer? I thought it was. No, we don't see it. There we go. There it is. It's coming now.

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That is the background from Committee of Seventy, because we've been dealing with the 40th

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word Republican Committee, and we have had some back and forth with them on the interests

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in the area, and I will now swap over to, we have the tax clearance, project information

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form, going through all the sort of rigmarole application for appeal, clearance, and some

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background on the applicant

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and more background on the applicant

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so we have a proposal which would bring a new property and a new business into the area

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uh we have had a back and forth with the local civic association we're actually we actually have

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six rcos and two political organizations uh the democratic committee has not taken a position for

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The Democratic committee has not taken a position for or against the Republican committee has taken a position pretty strongly against.

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or

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And then all of the rest of the RCOs have said that we're going to listen to whatever the neighbors say.

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We've got a bit of a split in the neighborhood between the neighbors.

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Mr. Sherman, you know your screen's blank, right?

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Yep.

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Nope.

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I stopped sharing.

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Sorry.

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I do have other info that I can put up, but let me get into...

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Project information form.

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Yep.

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So we'll get that up.

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PIF, and our application for appeal, tax clearance, and one of the main points that we have is the applicant is a local entrepreneur who has been opening restaurants in Philadelphia, outside of Philadelphia, and in the neighborhood,

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and now wants to open up a restaurant in the neighborhood.

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We have had some interesting discussion from the neighbors.

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About half of them are opposed to this because they don't like health food

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and they don't like veggies and smoothies.

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and about half of the other about the other half have been saying that well this is going to be

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great and we're going to be swarmed with people who like the property and who like the idea of

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veggies and smoothies and we're just trying to to navigate between two sections which say yeah

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We're going to be a regular business, just like we have at Chester and 70th, Chester and 69th, Chester and 68th, and Chester X, Chester and 67th.

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The zoning board has previously approved properties and variances at the other locations at the 70th Anchester, 69th Anchester, and then 67th Anchester,

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in order to have some of the local corner open properties.

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If we have the client online,

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I will now hand it over to Chef Ricky

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so that he can explain his idea for this property.

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Mr. Shermer, could you show us the property?

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Oh, yeah.

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Yeah, I mean, we'd like to see what the property looks like so we understand what we're talking about.

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All right.

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One minute.

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Sorry, one minute.

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Okay, so here is our property.

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okay can the board see this

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Okay, can the board see?

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okay we sheet on the map okay yep so this is 69 6900 chester avenue right uh we are and the client

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It is located pretty much at the crux of, one, the Cobbs Creek Parkway bike trail, which runs along the right side of Cobbs Creek Parkway.

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We have the elementary school up here, and then we have the park down here.

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So this seems to be a perfect nexus of the three locations where, okay, people who are actually jogging along the Cobbs Creek Parkway, kids who are out at the park, and then kids who are coming out from the elementary school,

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all would want to be then available to this.

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Mr. Shermer, do you have a picture of the location?

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Yep.

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One second.

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one second okay well okay well we work through design notices vacant

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One second.

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Mr. Sturman, did you take photos of it?

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Oh, yeah, we have.

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We've got photos, and we have posting photos, and one second.

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Okay, give me one, sorry, one second.

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Thank you.

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Mr. Shermer, if you can't find a photo, just bring your client on, please.

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If I can have Tariq.

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There's no one in the office. Here we go, Chair, someone with the iPhone.

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Yeah, sure. Thank you.

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Okay.

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

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Yes, Tariq Ryan.

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Spell it, please, for the court reporter, sir.

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Sure. T-A-R-I-K, last name R-Y-A-N-T.

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

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Yes, sir.

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Proceed, counselor.

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I'm not a counselor. I'm an advocate.

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No, no, no. I mean, Mr. Shermer. Mr. Shermer has to. Mr. Shermer, here's your client.

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Tariq, can you explain what you want to do at this site?

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Sure. The proposed project is simply added healthier option for our community. I'm proposing all natural cold press juice bar, which would potentially sell.

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All natural cold press juice bar, which would potentially sell fruit smoothies, veggie smoothies, all natural cold press juices, no sugar added, prepared salads, prepared meals that are grainy, that are green.

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There's a lot of promotion in Philadelphia about a greener Philadelphia.

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So I actually own a restaurant called Cheesy Vegan.

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And as you guys, I mean, everybody knows there's a push for plant-based food and, you know, healthier options in Philadelphia and the surrounding suburbs.

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I am a vegan myself, and I'm not pressing my agenda on people, but I do understand some of the, you know, health afflictions within the Black community.

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I am a minority-owned business.

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I am a business person from Southwest.

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I've owned and operated a successful restaurant and juice bar on 65th and Elmwood and I am also

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I'm an educational background I am a Temple grad in business I am a restaurant school

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graduate from the restaurant school at Walnut Hill College I have a degree in health care

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management from CCP I am on the steering committee for PULSE which stands for Philadelphia Lawyers

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of social equity. I am also, I'm part of their steering committee. I am on the board at Bartram's

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Garden. I serve as a Southwest leader for South, I mean, for Bartram's Garden. And I am a licensed

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contractor in Philadelphia. Mr. Shermer, that's your client. Do you have anything else?

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Tariq, how do you think this will benefit the neighborhood?

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So I've lived on that block.

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I've been a long time Southwest resident for over 15 years.

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