civus
Hearing video

ZBA Hearing - January 8, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 8, 20256h 57m

Mr. Feldman, could you state your name again and spell for the stenographer?

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Yes.

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Brett Feldman, 1835 Market Street, Philadelphia, Pennsylvania, 19103.

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Just for the record, could you spell your name for the stenographer?

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Yes, B-R-E-T-T, Feldman, F-E-L-D-M-A-N.

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Affirm to tell the truth, the whole truth, and nothing but the truth?

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Can you hear me?

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Mr. Chairman, I'm actually going to be the one presenting, Leonard Altieri with the law firm of Claire Harrison.

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I think that's what Mr. Feldman was trying to inform the board.

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All right, thank you.

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Mr. Altieri, could you state your name again as spelled for this stenographer?

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Hi, Ken, Mr. Chairman. It's Leonard, L-E-O-N-A-R-D. Last name is Alteri, A-L-T-I-E-R-I, the law firm of Claire Harrison Harvey Brandsburg LLP.

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Are you a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Could you identify your client in relationship to the property?

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Yes. So my client is Quick Lube of Carolina, Welsh Road, LLC.

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They are the applicant for the application that we have here, and I am their attorney

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of record.

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Vice Chair has a few questions for you, sir.

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Council, do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits as needed to proceed with this

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case five days in advance of this hearing?

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I did, Mr. Vice Chairman, and then supplemented that exhibit packet, I believe, yesterday

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when we received the letter of support from Councilman Driscoll's office.

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Thank you, counsel. Please proceed and share your screen.

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Thank you very much, sir.

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Are you able to see the screen?

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Not yet.

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Okay.

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Coming up now.

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And you're able to see that now?

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We see it now, sir.

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Perfect. So thank you very much, Mr. Chairman and members of the board.

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We are here, as we stated, for the property located at 9100 Bluegrass Road.

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It is currently a former three-lane Bank of America local branch.

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To orient the board here is an aerial view.

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We have Welsh Road traveling this way and Bluegrass this way.

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Again, it is a Bank of America local branch, which is closing.

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The property is located in the CA2 auto-oriented commercial 2 zoning district.

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It's also subjected to about four overlay districts, none of which are relevant for the discussion this afternoon.

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What my client is proposing to do, and we were here before the zoning board probably about two months ago for another one of these applications over on Cotman Avenue.

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He's proposing to construct a three-bay, 1,738-square-foot Take-Five oil change facility.

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This will be the second location in the Philadelphia market.

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They are more a southern and western entity that is starting to break out into this region, both in the suburbs of the city of Philadelphia, New Jersey, and in the city itself.

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Just by way of background, Take-Five oil change is a service in which the customer drives into the building.

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They remain in their car the entire time and then leaves when the service of their choice is completed.

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There are over 800 Take 5 facilities currently in the United States, and Take 5 provides just a limited amount of services consisting of the following.

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They do oil changes, windshield wiper replacements, engine air and cabin air filter replacement, cooling exchange, rotating tires, and state inspections.

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The year-to-date 2023 average for service is about 11.2 minutes, with a high-volume hour of 10 cars being serviced at a time.

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With regards to traffic flow, we are removing an existing curb cut, which is currently on Welsh Road.

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This will be a landscape area that will have stormwater retention underground, so the community won't see it, but the stormwater will be housed under there.

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They will have access from both Bluegrass as well as onto Welsh Road.

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This entrance up here where my cursor is currently showing is part of the larger entrance from

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where my cursor is currently showing, is part of the larger entrance from the shopping center,

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as you can see right here, and it is an existing entranceway that is currently on the property.

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The hours of operation that my client is proposing is going to be seven days a week.

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It'll be from 7 a.m. to 8 p.m. Now, QuickLube is not just an entity that comes in and then,

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you know, doesn't become a good neighbor. They've kind of prided themselves on every location in

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which they are operating in, they do become a good pillar of the community. They provide

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employment opportunities to the local individuals. They try to hire people who are looking for second

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chances as well to improve their lives. They also focus on internal promotions to grow and develop

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that local talent to take on leadership roles. They also do fundraisers two times a year. One

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is for the local children's hospital, which I believe would be the Children's Hospital of

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Philadelphia. The second is for a fault of honor, which helps the families of deceased military

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members who've lost their lives in the line of duty. This is a rendering of what the Take 5

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facility will look like. Obviously, this is void of any of the signage, which is a separate

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application, but this is what it would look like. Again, individuals would pull in. There's three

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bays that we have here. They would come in. They would get their service of choice of that limited

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six that I stated. They stay in their car the entire time, and then they pull out.

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The reason why we are here before the zoning board is because the proposed use, personal vehicle

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repair and maintenance, is not permitted in the CA2 commercial zoning district. From a review of

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the prior zoning history of this property, before the Bank of America came in around 1998, for about

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33 years, a gasoline service station was present on the subject property, as is evidenced by the

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documents that I provided to the zoning hearing board, the zoning board of adjustment, excuse me,

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and the documents that are currently being shown on the screen right now. And the argument that

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we would make is that a service station, gasoline service station, which this was a Sunoco,

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is similar use to what we are proposing to do with a personal vehicle repair. As I did note,

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we did meet with the RCO. We met with the Northeast Community Civic Association on November 6, 2024.

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That meeting was very positive. There was no negative conversations that took place there.

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There was no negative vote. We did receive a letter of support from Councilman Mike Driscoll's

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office, which was provided to the zoning board and which is on the screen right now. With that being

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said, Mr. Chairman, that's all that I have with regards to presentation. I do have my civil

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engineer, Ms. Lindsay Braylinger from Bowler Engineer. And then I also have a representative

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of the ownership group, Mr. Des Roberts, who can adopt that, adopt the testimony that I just

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provided. Have your testimony adopted. Have your engineer stand by in case there's a question from

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the board. Perfect. So bring on your. Perfect. So Des, if you can just raise your hand on the

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screen and we'll get you promoted to panelist. Should I promote Des? Please. Okay. Not, not

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panelist. No, we don't need a panelist, do we? No. Okay. Des has been allowed. Just bring them

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Sorry about that.

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They've been allowed to speak.

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

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Yes, this is Des Roberts with Quickly with the Carolinas.

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D-E-S, last name Roberts, R-O-B-E-R-T-S.

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

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I do.

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Please proceed, counsel.

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Thank you very much, Mr. Chairman.

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Des, were you on the call when I went through that presentation?

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Yes.

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Yes. And is everything you heard me say true and accurate to the best of your knowledge, information, and belief?

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Yes. The only thing I would say is that the Bank of America is closed, just to clarify, and has been for a decent period of time.

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It's not closing now. It has been closed. Outside of that, yes, I adopt everything that Mr. Alteri said and agree and confirm.

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Thank you very much. And I'll just say, I said just that last question one more time.

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um so you if i was to call you to testify you would have adopted this testimony as your own

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yes thank you very much sir that's all i have mr chairman all right questions from the board

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the nine uh new parking spaces for customers or are they for cars that are going to be

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temporarily parked while work is being done so these parking spaces council member when

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And excuse me, the member win just gave you a good promotion.

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Promoted again, right?

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So remember when the parking spaces that you see here and here are going to be for employees only.

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As I noted in the presentation, when you pull in for your service, you don't leave your car at all.

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You will stay in your car the entire time and work is performed the entire time while you stay in your car.

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the entire time while you stay in your car again the average 2023 year is 2023 year average is

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Again, the average 2023 year is 2023.

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about 11 minutes for you to get the service to that you choose i should have three bags moving

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i have my oil changed i've been in and out in 11 minutes i love it we'd love to have you mr johns

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other questions from the board

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questions or comments from our attorney

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not at this time mr chair the comments from the virtual audience

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see no hands planning commission

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the comprehensive plan oh amy board with the planning commission

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the comprehensive plan recommends no change in zoning at this location from the existing

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commercial auto-oriented ca2 the appellant has not demonstrated that there are unique physical

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conditions or circumstances of the property that would prevent it from being used in conformance

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with the zoning code. The Planning Commission recommends that the Board deny the requested

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variance for personal vehicle repair and maintenance. MI 2024-006-088-9100 Bluegrass

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Road. I vote yes. Michael John, my vote is yes. Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Iowan, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you very much, everyone, and have a good day.

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Number 10, MI 2024-006-100, 304 South Street.

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Alan Nockmson is the attorney.

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There's a letter of support from South Street Head House District,

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a letter of non-opposition from Council Member Squilla,

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and a letter of support from the South Street commanding police officer, Lieutenant Ritchie.

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Also, there's a petition signed by 57 people.

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Two are in the media block of 300 South.

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Mr. Nockamson.

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Alan Nockamson has been promoted.

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Alan Nockamson.

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Thank you.

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Could you identify your client, a relationship to the property?

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Yeah, my client is the tenant, Nikki Lopez, LLC.

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And in the virtual audience is its owner, Matt Paneth.

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The vice chair has a few questions.

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Good afternoon, counsel.

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The vice chair has a few questions.

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Good afternoon, counsel.

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Do you agree to waive the reason of the refusal or stipulate to its accuracy?

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I do.

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

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Yes, we have.

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Thank you, counsel.

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Please proceed and share your screen.

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so very excited about this project for the musically inclined people this is the old jc

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dobbs on south street um it's had a long history and it's been unused for the last few years so

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So, you know, Matt's looking to reinvigorate it through what he's going to do on the first floor, which, you know, again, would be like there's a bar.

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And then on the second floor would be live performances like before.

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So during our presentation, we'll review the notice of refusal, the letter of support from the South Street Head House District, and a resolution from them as well.

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I think there's two provisos that are enforceable, would be commercial trash pickup and no live music on the first floor.

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Those are the ones I at least saw, so I defer to the board, though.

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Use registration permits.

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Again, this has a long history.

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I think as far back as 1961 that the CMX2 property has been used as a bar.

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And then I think there's further evidence of the live entertainment aspect of it on the second floor.

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Again, last use is J.C. Dobbs.

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Petition, my client really worked hard on this.

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This is really important to him.

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He's in the music industry.

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And, you know, back in the day, you know, you had bands like Nirvana, Pearl Jam, Oasis, Green Day, at least what I listened to, that started out and, you know, here.

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So that I recently went to a Pearl Jam concert myself and he actually mentioned J.C. Dobbs, like remembering how, like, you know, he had a story with Kurt Cobain, where Kurt Cobain, you know, was, I guess, dribbling on basketball or something and broke, you know, through the wall or something.

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And then he came and then said Kurt was here.

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So it's a really cool venue.

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So for anyone who's musically inclined would know this venue.

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Letter of endorsement from the Philadelphia Police Department.

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so again

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South Street

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you know

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used to be

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the spot

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the spot where you had like cool establishments like that and you know with jim steak steaks like

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where you had

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like cool

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establishments

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like that

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and you know

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with Jim

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Stake

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Stake

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reopening in the last few months and now this you know hopefully we get a little more energy on

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south street we definitely need that uh next thing is press like you know it's you know this this

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venue or proposed venue has already been profiled in the philadelphia inquirer maps of the area

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photographs of the property interior photos um just again just seeing what it looks like

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not really changing up much um architectural plans and drawings rco media notice application

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for appeal the lease you know showing my client has a equitable interest in this property by way

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of a lease and a legal interest uh and the certificate of tax clearance again the conclusion

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my presentation i would ask that matt just virtually raised his hand and then have a few

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