civus
Hearing video

ZBA Hearing - December 1, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 1, 20214h 59m

already sent a letter of non-opposition as well. There's going to be commercial trash pickup,

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exterior lighting. It's right across the street from a park. It's really ideal for a coffee shop

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Cafe, and the neighbors are extremely excited about it. And with that, I would like to ask

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my client, Ms. Lu, L-U, to raise her hand and be recognized.

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You're allowed to speak.

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Good morning.

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Good morning. Could you state your full name and spell it for the court reporter?

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Sure. My name is Wei Lu, spelled W-E-I, last name Lu, L-U.

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do you swear or affirm that tell the truth the whole truth and nothing but the truth

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yes i do proceed thank you thank you mr chairman wait did you hear my presentation to the board

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today yes i did was it true and accurate to the best of your knowledge yes it is and do you adopt

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it as your own testimony yes i do tell the board about your hours of operation roughly sure um

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It's going to be open daily from 7 a.m. to 5 p.m.

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Wonderful.

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So no evening activity on a regular basis.

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Correct.

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Correct.

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Okay.

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Okay.

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And did you say seven days a week?

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And did you say seven days a week?

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Yes, seven days a week.

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Yes, seven days.

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Okay.

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Number of employees or roundabout?

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Sure.

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Currently, it's slated to be three, myself, my husband, and a part-time employee.

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Wonderful.

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And you'll be living upstairs, is that right?

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Correct.

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Yes.

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Wonderful.

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I have nothing else to add.

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Thank you.

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Thank you, Wendy.

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Questions from the board?

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Yes, sir.

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No.

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I would like to just move all of my exhibits into the record as well as the testimony.

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Thank you.

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Thank you.

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Any questions from the virtual audience or testimony?

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I see no hands, Mr. Chair.

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Planning Commission.

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Thank you, Mr. Chair.

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Ian Hegarty for the Philadelphia City Planning Commission.

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the proposed special exception will not cause detrimental impacts to the neighborhood beyond

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what normally might be expected for this use and so the city planning commission recommends

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that the board grant this special exception. MI-2021-002846-1700 East Moy-Mansing Avenue,

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I vote yes. Carol Tenere, my vote is yes. Professor Plaza, my vote is yes. James Snell, my vote is yes.

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Thomas Holloman my vote is yes thank you all and again thank you for your helping

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me get back on today welcome back no problem Tanya I think that was our last case for the

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morning it looks like everything to you okay Tanya excuse me would you want to make an

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announcement if anyone is here for a case that they believed was going to be called

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could they raise their hands yes that's great

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anyone in the virtual audience if you have anything that you wish to be heard today that

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was supposed to be and wasn't please raise your hand and let us know if not that will conclude the

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hearing and we see no hands thank you making the announcement right thank you all right chair

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that completes it very well. Thank you

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so much. Great job

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Chair. Just thank

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the IT professional Mr. Bill

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for all he does. He does

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a lot behind the scenes. So thank you so much

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Bill trying to get Vern back on.

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No problem.

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All right. Bye y'all.

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See you at 2. Okay great.

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See you at 2.

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Okay.

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We're live.

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okay we can begin thank you good afternoon my name is carol tenary and i'm the vice chair of

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the zoning board of adjustment i'll be participating in today's hearing along with our chair bill

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bergman board secretary confessor plaza and board members thomas halliman and james snell

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Our Board Administrator is Tanya Sompkett and Jason Hand.

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Also attending is our Board Attorney, Sharon Soletta.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through

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some of the basics of what you can expect.

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First, we will be administering oaths to individuals, participants, prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded and that by participating, you acknowledge your agreement to be recorded.

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This is available to the public by contacting Tanya Sunkett at tanya.sunkett at phila.gov.

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That's T as in Tom, A-N-Y-A dot S as in Sam, U-N-K-E-T-T at phila.gov.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and star six to unmute yourself.

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To enter an appearance statement, call 267-270-5548 and leave your email address and address of the property at issue.

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Four. Wait, let me go back to that. You have to hit star nine, then star six to unmute yourself.

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To enter an appearance statement, call 267-270-5548. Number four. If you're an LLC,

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LLP, or a religious organization, you must be represented by an attorney.

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Fifth, the question and answer box is not to be used for testimony. Any comments or

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The question and answer box is not to be used for testimony.

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Any comments are to be directed to Ms. Tanya Sunkit.

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I will now turn this over to our chairman, Mr. Bill Bergman.

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Hi, good afternoon, everyone.

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Before we start the list, number nine, MI 2021-003532, 3114 Grace Furry Avenue, is listed to be continued.

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Is there anyone here who would want to make a comment about that?

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Mr. Chair, Ms. Kerri Nase-Poust has a hand raised.

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Allow her to speak at this time.

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Sure, sure.

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Ms. Nacepaust, you've been allowed to speak.

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Would you please state your name and spell it for the court reporter, please?

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Hi, good afternoon. My name is Carrie Nacepaust. I'm an attorney with the law firm of Fox Rothschild.

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Address is 2700 Kelly Road, Suite 300, Orrington, PA, 18976.

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Here this afternoon on behalf of the applicant, 3114 Grace Ferry Avenue, LLC.

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Pardon me, let me swear you in first.

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

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Yes, I do.

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Sure.

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Thank you.

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I'm sorry.

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Chair, if I could ask, Ms. Paust, could you please spell your name, please?

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Sure.

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First name, Carrie, C-A-R-R-I-E, last name, Nase, N-A-S-E, hyphen, Paust, P-O-U-S-T.

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Okay.

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Hi, good afternoon.

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We have an appeal that was filed before the Zoning Board back in August due to the size

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of this project.

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We are also required to review this project with the Civic Design Review Committee.

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We received a notice of referral for CDR back in August as well and promptly filed an application

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to CDR on August 27th. We've been requesting to be on the CDR committee meeting agendas for

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October and November. Unfortunately, due to backlog, we were not included on any of those

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agendas. We did receive notice that we are currently on the agenda for next Tuesday,

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December 7th. Back in September and October, we did meet with the community and the RCOs.

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notice was sent out to the applicable neighborhood participants, I'm sorry, neighbors, and meeting

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was held on October 7th at such time that we did receive a letter of support. So we are, we have

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met all of our requirements. We are ready to proceed with the hearing today. However, due to

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the fact that the CDR has not met to review this, we are asking for a very short continuance until

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next Wednesday, December 8th, if available, so that we could continue to have our hearing

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on that day after we review the project with the CDR committee.

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Thank you.

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Tanya, tell us about timing.

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No, no possibility at all.

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We would ask, again, unfortunately, we did satisfy all of our requirements.

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This is a delay that is not of our doing.

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We do have certain contractual obligations that need to be satisfied and would request

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if a hearing could be scheduled for sometime in December, whether it be the 15th or the 22nd.

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So, Chair, what we could do is wait until the CDR is completed, and then I can work

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with Ms. Carey to see if we could schedule her by the end of the year. However, the requirement is

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that CDR must be completed before I can schedule you. So typically, once the director lets me know

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that they've completed it, I can immediately contact you and schedule you. If that works

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before the end of the year i can make it happen for you however it must be completed first

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okay counsel is that okay uh yes that's fine thank you all right thank you

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okay first case oh by the way is there anybody else has continuances or withdrawals

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i'm gonna see no hands mr chair thank you we'll we'll start okay number one case

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I'm going to see no hands, Mr. Chair.

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this is sharon um yes some confusion over number 13 yes that case is actually now scheduled for

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tanya please correct me if i'm wrong um december 22nd at two o'clock it's to be heard with a

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companion case for a property at 6215 North 13th. Thank you. It would be 930 a.m. I'm sorry.

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Oh, okay. 930. Correct. 930 a.m. for that case. Thank you. Thank you, Sharon.

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Our first case, MI 2021-00956-13 North 3rd Street. RCO, the Old City District,

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meeting shows majority in opposition. Councilman Squillis sent a letter in opposition.

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Counsel is Joseph Consul.

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Consul is coming back as a panelist, sir.

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Okay.

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Hey, Joe Consul.

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Thank you.

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Could you give your name and spell it for me, please?

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Joseph Consul.

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That's J-O-S-E-P-H-C-O-N-S-O-L-E.

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It's Consul Madison, LLP, 1 West 3rd Street, Suite 204, Media PA, 19063.

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You swear a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Smart, sir.

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um briefly did what did councilman squilla weigh in on i i was like so are you asking for a

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continuance no no i'm not i'm not i while i was being while i was being made a panelist you said

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councilman squilla there's a letter of opposition from councilman school from councilman squilla

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okay i believe my client can testify to it that he had spoke to them and they they had

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they had indicated support but um that's not the case this is sharon mr council i will forward that

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letter to you now. Okay. And Mr. Chairman, I think I have to waive the reading and have him

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waive the reading. Yeah, that's right. Go ahead. You go ahead. I know. Mr. Consul, do you agree to

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waive the reading of the refusal and stipulate to its accuracy? I do. Have you emailed the exhibit

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packet with proof of ownership, tax compliance, refusal, referral, photos, and or plans of the

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property five days in advance of this hearing? And have you met with the RCO? And do you have a

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letter we do yes and we have okay you may proceed after um mr letta i guess you're going to follow

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through uh sorry i mean yes i will uh forward that as soon as i pull it up and yeah i will send it

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All right. Hello, everyone. Joe Consul here, 13 North 3rd Street. I got Michael Stasek here. He owns two restaurant bars in Old City. This is going to be the third restaurant. We're here for a referral, not a refusal, for 13 North 3rd Street.

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13 North 3rd Street is a two-story space.

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I'll show you the pictures.

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It's a two-story space on North 3rd.

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There's the outside.

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It's a block.

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There's the outside of the building.

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It's 900 square feet on the first floor, 700 square feet on the second floor.

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Here's the interior.

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Obviously, it needs work.

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Are these big enough for everyone's screen?

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remember last week people are saying like my images were too small okay um and the intent here

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is to create not um not like a nightclub or anything like that but a more like a sit-down

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restaurant akin to like a bottle bar or a foodery with simple food and a focus on local beers

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um here's some proposed uh images for the inside of the property here's a couple of more here

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and again the space uh needs a lot of work um michael owns two other two other bars in the

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neighborhood none of like i said have ever had a dj or a nightclub which that seemed to be the

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opposition of the neighbors. Now, you said we had the letter from the councilman. I haven't seen

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that. The RCO board themselves did vote three to two to support it. There was some negative

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attendees from the neighborhood, but they appeared to be against any kind of development at all.

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We think what's really important for this project is to note that in Old City, there's at least

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79 ground-level empty offices and buildings, and Mike has two successful restaurants now,

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and we want this to be the third. We think this is an area that needs...

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And we want this to be the third. We think this is an area that needs this kind of love and care that he's given.

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And he's stuck by this area and he wants this to be his next spot.

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And to that end, his idea to have a more laid back restaurant with a focus on local beers, he believes will be what the neighborhood needs,

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as he's always getting questions about where like from tourists and that sort of thing where folks

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