civus
Hearing video

ZBA Hearing - July 20, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 20, 20212h 56m

Uh, Henry Clinton is the attorney. This case will be continued.

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Number three, MI-2020-001262, 321 East Worcester Street. Mr. Clinton is also the attorney for

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this case, this case will be continued. Number four, calendar number MI-2021-000374-3204

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Vare Avenue. Counsel for this case is Brendan Lucas. This case will be continued.

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uh number six calendar number mi-2021-002502 3948 to 3950 west gerard avenue adam labor

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oh well let me back up uh yeah this case will be continued adam labor is the uh attorney for this

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All right. And we also have number nine, calendar number MI-2021-002261-7234 Woodland Avenue.

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Steve Masters is the attorney, and this case will be continued.

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are there any are there any objections out there to continuing the announced cases

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any objections to the cases that I called to be continued no hands chair okay if anyone

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would like to request that another case that's listed for today be continued please raise your

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hand. And I have a Mr. James. Mr. James you can unmute yourself. Good afternoon members of the

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board. James Panko for the city. I believe the board is aware of this but just for the record

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The city is requesting a continuance for 3519 Hamilton.

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James, can you state your name and address for the record?

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James, can you state your name and address for the record?

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It's James Panko, P-A-N-C-I-O, and I'm an attorney with the city.

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Okay, do you swear or affirm to tell the truth?

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

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Yes.

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Okay, proceed.

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yeah i i believe this has already uh been brought to the board's attention but just for the record

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the city is requesting a continuance for 3519 hamilton um mr panko this is sharon saletta um

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mr james i'm sorry um we we did receive the email from leonard reuter i responded saying this would

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be moved to the end of the list in the hope that he would be available by that time so it will be

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called then if um if he has completed the hearings at the lni review board perhaps he can sign on if

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not the board will consider whether to continue it okay thank you thank you

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okay uh once again are there uh any other listings that you wish to uh continue

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mr chairman this is paul bonnie can you hear me sure mr bonnie go ahead thank you i just wanted

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to um mention that paul real quick i'm sorry uh can you state your name and address for the record

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Yes, it's Paul Bonney. My office address is 325 Chestnut Street, Suite 1109. I am the attorney for the appellant in 3519 Hamilton Street, which Mr. Panko just and Ms. Zuleta just spoke about.

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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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okay proceed mr bonnie i apologize i should have asked that both you and mr rafanidis be

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called up to state your position on the continuance request that i i i just wanted to

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let the board and the solicitor know that we're working very hard to settle this case in the

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coming minutes if not the coming hour or something so we we appreciate being put at the end of the

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list and we may have some good news um before you get to us we we like good news mr bonnie

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we're trying so if keep trying if we if we can't get it done then I guess I'll weigh in on the

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continuance um at the when we get when we get there if that's okay thank you very much everybody

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thank you and Mr. David is available also

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good afternoon Mr. Orphanides please state your name and address for the record

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sure David Orphanides Orphanides in Turner to Penn Center 1500 John F. Kennedy Boulevard

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suite 800 philadelphia pennsylvania 19102 thank you sir do you swear or affirm to tell the truth

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the whole truth and nothing but the truth i do sir okay proceed so uh in terms of i i concur with

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what mr bonnie stated i don't need to weigh in on the continuance request at this time

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we are working on trying to settle the case and have it removed from the end of your list

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um with that i'm going to ask i'm going to basically jump off of this so i can concentrate

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on that i'll get back come back when uh we're hopefully finished with this because we are

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very close to a final draft if for some reason i'm not on the call when our case is called i

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would just ask if somebody could just notify me um so that i can concentrate on trying to get the

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uh the settlement agreement finished um mr orfanides just so that you know there are so

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many continuances on the 330 list i believe there are only two cases before yours um there's not

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many. I'd be glad to let you know when to sign back on. That would be great because the more I

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can concentrate on that, the better rather than half listening and half trying to edit. I think

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it'll serve all of us. So I appreciate you doing that, Ms. Saleta and Sharon, and I will sign off

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now and get to work. Concentrate. Thank you. Focus, focus, you guys. Good luck. Thanks.

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okay uh any other hands raised anyone else wish to uh continue their their uh their case

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no chair no more hands okay and we'll call the first case on the list uh this is uh

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calendar number, number two, calendar number MI-2021-001413-2441 Aspen Street.

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And this is a second listing. There are no exhibits for this case. Is there anyone in the audience?

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There are no exhibits for this case. Is there anyone in the audience for 2441 Aspen Street?

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Mr. Kirk, are you here for this case?

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I am here for this case. Thank you. The exhibits have been sent in weeks ago.

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The initial issue with exhibits on the first hearing was dealt with.

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They were sent three days before the first hearing, so it was relisted for today.

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Almost immediately after that initial hearing, the package was resent to all the parties that need it.

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Sir, can you state your name and your address for the record?

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I apologize. Yes, Justin, J-U-S-T-I-N, Crick, K-R-I-K.

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My address is 1500 JFK Boulevard, Suite 630, Philly, PA, 19102.

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

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Yes.

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Okay, sorry.

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Go ahead, proceed.

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Yes, so I was just responding to your comment that there are no exhibits.

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I have sent the exhibits on more than one occasion at this point to all the parties,

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especially in light of the last hearing, which the exhibits were sent a day or on Monday before the Wednesday hearing,

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and the matter was continued for that reason.

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Okay, Mr. Crick, can I interrupt you for one minute?

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I know what went wrong.

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I have a paralegal who assists me with doing the list.

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She only has access to the Soletta ZBA

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that is in the instructions for all exhibits to be sent to.

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You sent them both times, I believe,

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to my other email address, which she did not check.

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I do have them.

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If the board is agreeable, you can go forward.

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But please, in the future,

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if you could send them to the other email address, please.

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I understand.

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I will double check that.

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I believe I send them to more than one of yours because I know we've had that issue in the past.

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But I will continue.

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I will check on that again.

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But I appreciate you acknowledging that you have them if the board is prepared.

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Yes, I'm looking at your 712 email and it is to my other email address, but that's fine.

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Thank you.

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Thank you.

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All right.

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Well, we'll continue with this case.

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All right, Mr. Crick, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Unfortunately, there's an extra, there's a typo in it, and I just want to make that known to the board.

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If I may, the refusal states that it's 20,000 square feet.

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There's an extra zero in there, and I just want to make that clear.

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Otherwise, I do stipulate.

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Okay.

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Also, have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance?

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copy of the refusal or referral, and plans and photographs five days prior to this hearing?

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And I can confirm that he did indeed.

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And finally, have you met with the RCO, and do you have a letter?

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Yes, we do.

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Okay, thank you. You can proceed.

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I do not, at the moment, see the ability to share the screen.

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My apologies. I just want to come back in as a panelist.

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thank you thank you very much all right so this is let me pull it up this matter involves the

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property located at 2441 aspen street the the applicant is seeking to have a prepared food shop

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in this area, and the prepared food shop would be approximately, not to exceed the 2,000 square

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feet, it's approximately 750 square feet. There will be no more than 20 seating arrangements for

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patrons. They may apply for some outdoor use in the future. There is no cooking appliances

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in this application which require exhaust. The property already does have existing two-family

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household living above and there is no sign on this application so the the applicant Mr. Harding

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is the principal of Cafe Musette LLC he is available to testify at the conclusion of my

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presentation the the application generated a referral and Mr. Harding met with the Fairmount

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Civic Association in April and discussed the fact that the property would be open from the hours of

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about 6 a.m. or 7 a.m. to about 3 or 4 p.m. on weekdays and 8 to 5 roughly on weekends. There

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will be commercial trash pickup and the use of this property for prepared foods will not

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overcrowd the land, burden the public facilities, harm public safety, or have a detrimental impact

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on the neighbors. At the meeting with the Civic Association, there was overwhelming support or

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At the meeting with the Civic Association, there was overwhelming support or non-opposition

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not

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with a 25 to 3 vote from near neighbors and a 35 to 3 vote in favor from the broader neighbors in

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the area. I'm going to show you geographically just a little bit about where the property is.

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It's situated at the corner of North 25th Street and Aspen Street.

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Here's a photograph of the property. It's a nice corner space with windows on both sides for the

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patrons. There's adequate sidewalk, very wide sidewalks in this area too, and the RCO did not

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have an issue with the potential use of outdoor seating so long as the seating is brought in.

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Here are the intended floor plans of the property. As you can see, most of the kitchen area is here.

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It's all, again, prepared food, baked goods, and cold foods, salads, parfaits, et cetera.

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uh the meeting that took place this is the the letter from the board showing the non-opposition

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in votes in favor as well as pictures of postings and we did repost the property from the last

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hearing we we did add and i'll jump to those in a moment we added additional postings for this

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hearing since the original one was postponed tax clearance certificate is attached and my client

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is intending to lease the property from the record owner, and here's an excerpt of the

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first page of the commercial lease with the relevant information. At this time, we do not

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believe that the property will cause any damage to the neighbors, and we are requesting a granting

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of the referral. If you are so willing, Mr. Harding should be on the line and is prepared

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to adopt my testimony. Mr. Harding, if you could raise your hand. Yes, Mr. Harding, you can unmute

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yourself. Hello. Mr. Harding, can you state your name and address for the record? My name is Michael

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Harding, and the address is 2441 Aspen Street. Do you swear to affirm to tell the truth, the whole

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truth and nothing but the truth? I do, sir. Yes. Thank you. Proceed. Mr. Harding, have you had an

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opportunity to hear my statements to the board today? I have. And would you adopt my statements

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to the board and testimony as it was your own? Yes. And do you have anything else you'd like to

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add to the application at this time? I do not. All right. I do just, I would like to add, I had

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in my notes, I do want to make it clear that Mr. Harding is also has an extensive experience in the

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food and beverage industry and believes that he will be able to adequately address the needs of

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the customers as well as the neighborhood in running this business. Thank you. And this is

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Sharon. I can confirm that we also have a letter from the RCO in non-opposition. Okay. Is there

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anyone else in the audience with their hand raised that would like to speak on this property?

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there's no hands at this time okay and and uh mr harding did i hear that there's no hot food

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you don't need an exhaust correct okay i i i will speak for him on that okay

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okay uh does the board have any questions no questions no no okay uh planning commission

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members of the board uh this is mason austin representing hold up one second i'm sorry i

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didn't know ron was gone uh can i just swear you in real quick please sure no problem uh can you

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state your name and address for the record sure absolutely uh mason austin um m-a-s-o-n-a-u-s-t-i-n

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and my address is 1515 arc street 13th floor philadelphia 19102 okay do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth. Yes, I do. Thank you, sir. Proceed.

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Sure. Thank you. The property is zoned for commercial mixed use is designated for that

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use under the comprehensive plan. The proposed prepared food shop would not have an impact

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greater than what one would normally expect from that use. Consequently, staff supports

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the granting of the requested special exception. Okay. Thank you. Thank you. Okay. Calendar number

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MI-2021-001413, 2441 Aspen Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Okay.

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Thank you.

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Thank you very much.

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Good luck.

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Bye-bye.

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We're going to go to, we're going to skip over Hamilton Street.

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We're going to save that to last.

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We're going to move over to number seven.

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Calendar number MI-2021-001242.

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dash 2021 dash zero zero one two four two six six thousand lime kiln pipe

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uh rachel pritzker is the counselor

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and she's coming in as a panelist all righty

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good afternoon sorry i'm i've lost my voice so please bear with me a little bit today

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That means we'll have to make it quick, right?

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Yes, yes, absolutely.

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Good afternoon.

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Rachel, we'll do our best to limit your speaking.

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Can you just state your name and address for the record?

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Sure.

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Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, speed 1600, Philadelphia, PA, 19103.

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

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Yes.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Also, have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy the refusal or referral, and plans and photographs five days prior to this hearing?

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Yes.

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