civus
Hearing video

ZBA Hearing - July 15, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jul 15, 20267h 10m

We felt like when people's backs are turned, anything can happen, even though she has surveillance and security in there, things can still happen.

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And we and I personally have seen what happens with a group home or what can happen with a group home, because this is still considered a group home.

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um when you know people get out of hand and you know in that situation you know there was a major

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fire people died and you know and it was it was terrible so we felt like at least that there should

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be at least more um on-site um responsibility having somebody stop by twice a week and who

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knows how long they're going to be there they're just going to come in look around and at that

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time people can hide things or whatever we just felt like it was a little bit aggressive for that

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kind of neighborhood and um you know i'm not we're not against people in recovery or people needing

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homes but um it just it just was a bit much and also even though she said she's going to you know

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build another bathroom one bathroom with five like you said unrelated people can be a problem um

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sharing the kitchen can be a problem because you know things happen so we were just concerned

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about mostly um no on-site um availability all right well thank you very much for taking the

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time of course we appreciate is there anyone else in the audience no chair i have no more

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hands up at this time planning commission good afternoon chair michael gall with the philadelphia

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city planning commission m-i-c-h-a-e-l-g-a-l-l you swear affirm to tell the truth told truth

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nothing but the truth i so affirm please proceed sir the comprehensive plan recommends no change

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to the existing rsa5 residential single family attached zoning at this location

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the appellant has demonstrated that the proposed use of group living would not cause undue detriment

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to the local area beyond what might otherwise be expected at this location at the proposed

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occupancy level therefore the city planning commission recommends the board grant the

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request of special exception for group living use thank you mi2026-002-362-5534 boyer street

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i vote no michael johns my vote is no charles gaston my boot is no tenetta graham my vote is

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no brian mcadams my vote is no layla bb my vote is no thank you thank you

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number nine

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MI 2026, 000985, 2900 North 13th Street. Alex Goldberg is the attorney.

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

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Alex Goldberg, A-L-E-X, G-O-L-D, B-E-R-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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Do you identify your client and explain the relationship to the property?

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Yes, my client is Giovanni Reynoso Rodriguez.

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He is the tenant for the commercial space that's the subject of this application.

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All right, and our vice chair has a few questions.

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Good afternoon.

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Have you submitted your documents and exhibits five days in advance of this hearing?

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i have and this is a referral so do you have the reading of the referral as simply to its accuracy

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i do okay thank you can show your screen and proceed with your case

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thank you and i see that a apm is in support of the project that's right

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That's right.

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Okay, so this property is located at the corner of West Cambria Street and North 13th Street, and it's an existing deli market that you see on your screen.

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was properly permitted to open as such in 2025, summer of 2025 for retail sale of consumer goods

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and retail sale of food, beverage and groceries. Not knowing that that was not included under those

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categories, my client put a little flat top grill in the back, wanted to be able to make hot food

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as a part of, you know, what he provides at this market. And Ellen, I was in there not terribly long

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ago unrelated to a different permit and they said that goes beyond the scope because you have

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ventilation technically this falls under a takeout restaurant although I'll say the only takeout

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component is literally just takeout there's no delivery he's not on the delivery apps

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this is you know I'll show you the menu but he serves you know burgers and dogs and wings and

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different things like that sandwiches so not like a high volume of DoorDash and Grubhub and those

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type of drivers um it's a neighborhood market you'll see there's a wide range of of products

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they have stored inside my client met with the coordinating rco as you said apm they are

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unanimous unanimously in support of this application um there are two residential

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dwelling units above that are leased that are not connected to my client because he does not own

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the property but there's a two unit rental license upstairs the ventilation is through the side of

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the building on cambria street the there is no building structure attached to us it's a vacant

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lot so we don't share a wall with anyone at this time and there's trash storage in the basement

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currently being picked up by the city

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here is the use permit for the retail sale of consumer goods and food beverage and groceries

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from june of 2025 the operation uh the hours of operation are monday through sunday 7 a.m to 8

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p.m there is no sale of alcohol or tobacco products this is the zoning map of the cmx2

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property um you know a prepared food shop would be allowed by right here a sit-down restaurant

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would be allowed by right here because of the takeout component we're seeking this special

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exception although i would i believe that it is a lesser impactful use than you know

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an establishment that has seating and a higher volume of of um cars i don't believe that to be

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the case i think that most of the um customers here live in the neighborhood they walk here

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there's fresh produce and fruit here you know household items and you know you can get a meal

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here as well here's photographs so this is the front of the property here's to the side on west

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cambria street here it is in 2012 there's a long history of mixed-use here in 2017

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there was a vacant commercial permit on the ground floor with residential above

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and the same for 1953 when there was a restaurant on this ground floor which is not dissimilar to

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what we're asking for here's the notice posting both sides of the corner on cambria and 13th

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is to the right and the left and then to the right and the left on the cross street

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interior photos so there's the flat top grill that you see and the hood ventilation and then

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just interior you know there's coolers for drinks and refrigerated products you can see

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syrup coffee cream or sugar things you would expect to see in a small little grocery

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as well as household products some storage in the back and then this is the perspective

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from back in the kitchen looking back towards where the yeah the shopping area is and you'll

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see that on the plan here's the menu again burgers cheese steaks breakfast cold sandwiches pretty

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basic menu plans and drawings this is we occupied the first floor and have storage in the basement

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so here's the first oops here's the first floor you there's two entries there's one on the corner

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and then there's one on west cambria there's a counter at the front there's basically four aisles

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or two aisles with two sides on each and then the kitchen area is in the back there's also an exit

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point on the side here and then the residential entry point is towards the back of the building

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on the west cambria street side no seating inside whatsoever and then the basement is just

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um so that's an elevation the basement is just storage uh with a bill code door that leads

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so that's an elevation the basement is just storage uh with a bill code door that leads

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He's director.

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directly down towards it here it is right here rco meeting notice proof of mailing

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application for special exception we have the deed in here as well as the lease the lease

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runs through 2030 with the tenant's option to renew beyond that and then the tax clearance

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with that i would ask my client who may be here virtually giovanni reynosa rodriguez to

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raise his hand i also have the expediter whose name is wanda rodriguez who handled this case

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up until two days ago if you have additional questions for her giovanni giovanni i see no

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in the audience with either name chair you're you're an officer of the court we will accept

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your testimony questions from the board what are we doing about venting so there is ventilation

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you can see it in the photos i'll show you where it is on the inside and where it comes out on the

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outside so the ventilation comes out of the side of the building right here

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and then there are photos in the you mean you mean you mean it you mean it's going to

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there's there's no vent in that picture right this is the commercial hood right here yeah i

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know but i'm you show the picture of the outside i didn't see a vent in that side wall let me go

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back my understanding maybe i missed it no yeah that's okay i'm seeing two small vents here out

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of the side of the building structure um they look like bathroom vets okay or dryer events

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they don't that that's definitely not a commercial kitchen vent yeah so i know the ventilation is

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installed if okay and and based on this and based on this picture the kitchen isn't further back

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that's beyond that door right so those vents wouldn't be there if they were those vents

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that's correct and and I'm happy to I believe Wanda's in the in the virtual audience she's

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more familiar with the property than I than I am if you'd like to yes Wanda is in the virtual

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audience I will allow Wanda to speak and then wait hold up hold up and then hold up hold up

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one minute can we can we take an expediter's testimony just for the purpose of clarifying

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the ventilation all right okay okay all right okay and then what you're talking about here is

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sure this has an ansel system correct okay i believe so okay all right why don't we bring

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the expedite we need to know a little bit more about whether it has the proper fire suppression

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system i'm hoping that wanda can clarify that for us thank you wanda ronda rodriguez has been

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allowed to speak ronda can you please unmute hello i wonder could you please state your name is spelled

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for the stenographer yes my name is wanda rodriguez um it's spelled w-a-n-d-a-r-o-d-r-i-g-u-e-z

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

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yes council wanda can you clarify for the board um the presence and location of a ventilation

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system for the commercial cooking equipment yes there is a ventilation system on the side of

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cambria okay is it i'm not sure if you were seeing my screen when i was explaining i did see your

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screen and then pictures you cannot see it but i do have a picture i don't know how to upload it

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for you can see it okay let me see if i can upload it give me a second

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it exits out on the west cambria side which is the

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yeah it's on the on the cambria side it's like towards um around where he was saying

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about the vents for the bathroom it's around there

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okay but let me see how can i upload it for you can see it maybe in the chat give me a second

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i'm not sure that's going to work but yeah but there is a ventilator system installed

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yeah the system on the inside clearly looks commercially installed so i would imagine that

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it has to have the proper vent outside which is the picture that's the reason that ellen i

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gentlemen requested a special um forbearance for that um take out to be a take out because of the

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hood

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mm-hmm that's your question about the ansel system that's the is that regarding like fire

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suppression fire suppression right yeah one yeah yeah wanda are you aware of the presence of a fire

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suppression system connected to the vent the vent system for the hood for the grill um the fire

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a fresh i think that he did have a fire um inspection guy come out i'm not sure i can't

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ask him if you give me one second okay yeah i'm talking about the ansel system which is yeah if

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you have fryers and you're grilling you've got to have and you've got gas you've got to have i think

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he did have a fire inspection come out let me ask him give me a second because he's he only speaks

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then just give me a second and i'm going to reshare my screen i think

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you can see in the image the system yeah you might be able to see it i'm not an expert but

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i believe yeah but that yes what those are those pipes hanging down that's that's the

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the suppression system okay okay i mean at least that's part of it there's got to be a you know

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a pull thing a poor cord or emergency kind of thing but but that's called a fire suppression

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system is a cord you said no it's a it's called an ansel since an ansel system yeah right

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ansel system yeah a-n-s-u-l yeah but this this picture shows that you like kind of have it there

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you know what i mean i think i think yeah i would say it you you probably have it you know what i

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mean. Okay. Other questions? Questions from our attorney? Yes, I have one question. I'm sorry,

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let me get closer. In the lease, it specifically states convenience store in the lease. And now

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you're adding takeout. Does the landlord know that you're changing it from convenience store

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to take out my understanding is correct is yes that the landlord does okay questions or comments

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from the virtual audience no chair i have no hands up at this time planning commission

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michael gall with the philadelphia city planning commission the comprehensive plan recommends a

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change in zoning at this location from cmx2 commercial mixed use to rm1 residential

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multifamily this property has a documented history of use as a convenience store and takeout

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restaurants since at least 1935 two years after the establishment of the zoning code the appellant

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has demonstrated that the proposed use takeout restaurant would not cause undue detriment beyond

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what might otherwise be expected this location therefore the city planning commission recommends

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the board grant the requested special exception for takeout restaurant use mi 2026 009

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nine eight five twenty nine hundred north 13th street i vote yes uh michael johns i vote yes

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cheryl gaston my vote is yes tenetta graham my vote is yes ryan mcadams my vote is yes

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layla bb my vote is yes thank you

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number 14 mi 2026 002 226 1229 south 6th street joseph console is the attorney

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hey word good afternoon mr counsel could you please state your name and spell for the

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stenographer yeah joseph console j-o-s-e-p-h last name console c-o-n-s-o-l-e you swear or

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affirm to tell the truth the whole truth nothing but the truth i do could you identify your

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relationship to the property yeah um it's mr uh velasquez and he is the tenant that i'm

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representing today for this commercial space and i see there's a unanimous support from dickerson

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square our wife has a few questions good afternoon have you submitted your documents and exhibits

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five days in advance of this hearing yes okay and this is a referral so you're seeking a special

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reception so you wave the read another referral and stipulate to its accuracy yes all right thank

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you you can share your screen and proceed with your case all right share my screen i'm here um

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For 1229 South 6th Street, Franco Velazquez is on this call to adopt my testimony.

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This is seeking to use this CMX1 property as a prepared food shop.

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It's a special exception.

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Space is going to include coffee, baked goods, and limited cafe service.

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No alcohol or anything like that.

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or anything like that this is an existing storefront with a history of commercial ground

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this is an existing storefront with a history

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floor use and we're trying to activate this space with a low intensity cafe there's the

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Here's the referral, CMX1.

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Here's the external of the space, some more external photos.

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So this is the unanimous support, 14 attendees, 14 in support, I believe Dickinson Square

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or Dickinson West with mailing notes for my client I'll give you some interior

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your photos. Nice size space, split units, one bathroom, storage in the basement. We've

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also included in our packet the alteration plans. Here's the new first floor plan, which

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I would expect is the only real relevant. It's going to be called Cafe Medellin. It's approximately

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1,000 square feet. Let's see. What else might be relevant here? Property history. I have

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some of that to the extent that it's required. I don't think that it is. A sole medical dental

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and health practitioner approval in 2019 uh and prior to that it had grocery and storefront

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approval uses uh over the years and we're hoping that the board sees fit to approve this cafe space

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uh in in this building with that i could call my client mr velasquez raises virtual hand and

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die testimony francisco velezquez is being promoted to penalists thank you

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hello hi sir could you please state your name and spell for the stenographer

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francisco francisco velasquez v-e-l-a-s-q-u-e-z do you swear or affirm to tell the truth the

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whole truth and nothing but the truth i do counsel good afternoon mr velasquez uh did you hear my

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testimony um just now regarding your um lease and intended use of 1229 south 6th street i did

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uh do you adopt it as your own i do questions from the board nothing for the board

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are you doing prepared food prepared food i'm sorry you doing prepared food fried food

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kind of back to the same end cell system exhausted um we're preempt preempted uh

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Cheryl's question, but are you going to be frying?

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What are you preparing?

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