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Hearing video

ZBA Hearing - July 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 24, 20246h 16m

Thank you.

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good morning should i see 38 attendees in the audience okay we're ready to go

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yeah good morning everyone my name is bill bergman and i will be chairing this morning's meeting

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with me is our vice chair ismail shaheed

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present mr chairman our board member james snell present mr chairman our board member

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rachel l gaston present mr chairman our board member tanetta graham and i am present our board

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member michael johns president here mr chairman and our board member okay also present is our

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attorney hillary emerson and our deputy director for planning and zoning kathleen grady here's our

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virtual format. Be advised the planning, the proceedings are being recorded. With your

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participation, you agree to be recorded. A video will be available by contacting kathleen.grady

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at phila.gov. For a court sonographer, we ask attorneys and witnesses to identify themselves

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before testifying. If you're participating by phone, press star 9 to raise your hand

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and star six to unmute.

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To enter or appear in a statement,

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call 267-270-5548.

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Leave your email address

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and the address of the property in question.

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And finally, the question answer box on the screen

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is not for comments or testimony.

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All comments should be directed

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to Kathleen Grady, our deputy director.

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Let's look at today's schedule.

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Let's see here, number...

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Number one, MI 2022-002-928-549-51-North 10th Street.

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Vern Anastasio is the attorney, but also the RCO rep.

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Please come on for this case.

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Mr. Anastasio.

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Vern Anastasio has been allowed to speak.

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Good morning, Mr. Chair, members of the board.

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Good morning, counsel.

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Could you state your name for the record, please, and spell for the stenographer?

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Yes, sir.

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It's Vern Anastasio, V-E-R-N, last name A-N-A-S-T-A-S-I-O, on behalf of applicant, appellant,

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Cherry Lee.

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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, sir.

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This is the sixth listing.

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I understand there's a request for a continuance.

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Is that correct?

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Yes.

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The letter came from the 14th Ward Registered Community Organization.

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asking for one final continuance.

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They had asked for a site visit.

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We walked them through the property.

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We've met with them separately on several occasions,

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come up with a plan that they were willing to support.

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But they did, in fact, ask us to return one last time.

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All right. Is the RCO on the line?

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yes we have um somebody by the name of philip murray murray here and they have allowed to speak

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please unmute yourself philip good morning could you please state your name and spell for the

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stenographer.

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Philip?

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They seem to be experiencing technical difficulties with unmuting themselves.

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All right.

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Hold on.

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Vern, have you sent the letter over to Hillary?

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The RCO letter was emailed to all of us in mid-June, but then I did forward it again

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to Ms. Dandy yesterday. All right. Thank you very much. All right. So MI 2022-002-928-549-51

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North 10th Street. Cases continue. Mark must be heard. Thank you. Thank you, sir.

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Thank you, sir.

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Number three, MI2023-006-947-133 South 60th Street.

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Number three.

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Cases continued.

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Number five, MI2024-001-175-1517 West Indiana Avenue.

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Cases continued.

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Number six, MI 2024-001-176-5101 Funston Street.

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Cases continued.

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Number eight, MI 2024-001-331-3144 Euclid Street.

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Cases continued.

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Number 17, MI 2024-001-331-3144 Euclid Street.

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MI 2024-001-571-809-North 42nd Street, cases continued.

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And number 18, MI 2024-001-591-803-North 42nd Street, cases continued.

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Are there any other requests for continuances?

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Chair, we have Vern and Anastasio with their hand raised.

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They have been allowed to speak.

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Good morning again, Mr. Chair.

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Sure.

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Just for the record, state your name.

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You won't have been sworn.

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Sure.

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Vern Anastasio on behalf of Rasa Holmes.

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And I'm calling, I mean, Rosemont raised my hand because the board did continue 133 South

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60th Street.

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But for the benefit of the board's docket, I would prefer to just withdraw the case and

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resubmit when ready.

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What case is that, Vern?

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133 South 60th.

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That's number three, Mr. Chair.

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Oh, okay.

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You had already continued it.

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All right, so you want to withdraw that?

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Yes, sir.

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So MI 2023-006-947-133 South 60th Street, case has been withdrawn.

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Thank you.

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Thank you.

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Any other requests for continuance?

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Niama Thomas has been allowed to speak.

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Okay.

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Good morning, Mr. Chair and the Board.

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Good morning.

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Could you please state your name and spell for the court sonographer?

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My name is Yama Thomas.

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My name is spelled N-Y-A-M-A-H.

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Last name is T-H-O-M-A-S.

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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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Are you requesting a continuance?

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Yes, I am.

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Okay, so this was your first listing and you need an attorney for the case, am I correct?

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This is correct.

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Okay, thank you. So MI 2024-001-329-2330 North Reece Street, case has been continued. Thank you for calling in.

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Thank you, Mr. Chair and the Board. Have a good day.

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Number 15, MI 2024, 001-514-2550 East Clearfield Street. No exhibits first listing. Samuel Yaron and Ashley Nevarez are the listed applicants.

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Samuel Yaron and or Ashley Navarez, if you are in a virtual audience, please raise your virtual hand.

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I see no hands.

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Okay, so this is the first listing.

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So MI 2024-001-514-2550 East Clearfield Street, cases continued, mark must be heard.

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And then number 10, MI 2024, 001-378-1608 West Nidro Avenue, this case has been withdrawn.

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We're going to go to our add-on cases.

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Excuse me, Mr. Chair, number nine on the list was no exhibits.

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Did we call that case?

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No, you know what? You're right. I'm sorry. MI 2024-001-335-4752-54 North 11th Street.

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David Roa is the listed owner. Rayaz Al-Azbal is the listed applicant. No exhibits, first listing.

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David Roa, if you're in a virtual audience, please raise your hand.

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Or A.B. Reyes, if you're also in the audience, please raise your virtual hand.

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see anything i see no hands so mi 2024 001 335 47 52 to 54 north 11 street cases continued mark

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I see anything?

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I see no hands.

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must be heard thank you hillary we're going to go to our add-ons um

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let's see here okay mi2023 007202 5369 the 75 wing of hockin heights i vote i vote no

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excuse me mr chair um can we read the letter from the planning commission record thank you

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The Planning Commission has sent us a letter. Pursuant to Section 14-301-3C.2.C. of the Philadelphia Home Rule Charter, the City Planning Commission reviewed the variance requested at 5369-6575 Wing-Hawken Heights, heard by the Zoning Board of Adjustment on May 21, 2024.

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The comprehensive plan recommends no change to the existing single-family zoning at this location.

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The proposed four units' land areas, consistent with the underlying zoning, which would allow the new land area to be subdivided by right if Wingahawken Heights were a legally open street.

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The City Planning Commission therefore recommends that the Board grant the variance for the unit count as requested.

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sincerely, Maritime DeCamp, AICP Executive Director. I vote no. Also voting is Ismael

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Shaheed and James Snell. Ismael, could you please certify?

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I certified, Ismael Shaheed certified that I have watched a video and my vote is yes.

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James Snell my voters no

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okay

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Hillary we'll have to get back to this right am I correct

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yes because we because this was heard under the rules that need

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three sure sure agreement yes okay thank you

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excuse me I'm looking at the wrong case

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my apologies I'm a no on this vote

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all right thank you very much um no number two mi2023 002 921 2018 east ontario street

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the vote in this matter has been rescheduled to the start of the 2 p.m list today and number three

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mi2023 006 846 6922 east roosevelt boulevard

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I vote no

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James Snell my vote is no

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Jim you're not a vote on this one

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Oh is this one? Okay you're looking at the wrong one

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Cheryl? Cheryl Gaston my vote is no

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Tanetta

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Tanetta

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you're you're muted you're muted you're muted Tanetta

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Tanetta Graham my vote is no thank you Tanetta

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let's start want to go to number two first mi2023 006 568 216 south 52nd street roger

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Roger Perry is the attorney.

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There is a letter of support from the West Philadelphia Economic Development Council

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with Provisives.

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Yeah, good morning.

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My name is Roger Perry.

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I'm here representing Philaboo's LLC, the owner of the property, as well as a proposed restaurant operator.

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Okay, Mr. Perry, could you please state your name again and spell for the stenographer?

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I'm sorry.

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Roger Perry, R-O-G-E-R, Perry, P-E-R-R-Y.

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You swear, Fern, to tell the truth, the whole truth, and nothing but the truth.

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I do, Mr. Chairman.

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Could you one more time state who your client is and the relationship to this property?

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Yes, I represent Phyllabiz LLC, a limited liability company, which is the owner, and I'll share the documents. And I'm also here today, I believe, with the proposed restaurant operator and probably the architect, which is Group G.

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restaurant operator and probably the architect, which is Group G.

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Our Vice Chair has a few questions for you, sir.

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Okay. Can I share the screen as well?

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You can start sharing your screen.

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Thank you.

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Good morning, Counselor. Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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Yes, I do.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

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Yes, we have. This is a matter that is continued from April.

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Thank you, counsel. Please proceed if I were to share your screen.

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Okay, thank you very much. As I indicated, I'm representing the owner of this property. You can

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see the deed here, Philobivs LLC. That's one of my clients. This is a referral. As I note,

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here's the refusal here. This is a request for a takeout restaurant only in the 52nd Street

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corridor. And it's not a refusal, it's a referral. It's in a CMX 2.5

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district and so forth. This is a request for a takeout by Hot Chicken Incorporated,

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which is a franchise operation, and they do spice chicken and mix steak sandwiches and so forth

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with related. We have met several times with the RCO. I'll deal with the big issue first.

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The big issue, which the continuance was based on from April, was the fact that they wanted to

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review the property in person and did, and were asking for a possible sit-in restaurant. We met

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with them. We met with the architect a number of times. This property, as I'll show you, which

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probably will be the best indication here okay here's the property 216 south 52nd street it's a

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very small uh former uh property and so the posting well let's go down to the site and here

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it is here apartment above and so forth and we indicated with uh much input from visiting in the

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neighborhood and the architect that it was not feasible to completely reconstruct this property.

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The idea is to utilize an existing kitchen and the space in this one narrow property.

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And that's across the street. And put out takeout only and so forth. We talked to them. We indicated

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that we would be glad to put in security cameras,

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put in lighting here, put in a new tree in front,

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the hours, and I don't have the letter,

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