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Hearing video

ZBA Hearing - January 8, 2025

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

I'm here, Chair.

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Could you? Our vice chair has a few questions for you, Mr.

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Yes, sir.

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Good evening, Councilor. Do you agree to weigh the reading of the refusal or stipulate truth accuracy?

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I do, sir.

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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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I have, but not five days in advance.

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I think Ms. Emerson can back me up.

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We've come sort of a long way on this.

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There was a request from the RCO.

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Sir, Ms. Emerson has said this is fine.

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Let's proceed.

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Share your screen.

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And just for a point of information, Esperanza Housing and Economic Development has a letter.

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Yes, please proceed.

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Share your screen.

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Can you see that, sir?

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Yes.

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Okay. Sir, we've outlined a cover letter just to sort of map you through this. We represent Leah Lotus. Originally, and I'm going sort of way back, there was designed to have a business that would have had a liquor license attached.

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We scrapped that.

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Candidly, we went to a zoning, an RCO meeting, and the temperature was not good with regard to that project.

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We then scrapped that.

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We met again with the RCO in October and November.

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uh and we were looking to do consistent with our application uh a prepared food shop at the

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property the rco expressed some reservations about that i think believing that they wanted

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to ensure that there would not be any beer sales sales at the property uh we tried to explain and

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and I respect their position immensely, that in order to do that with the PLC, there'd be certain

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requirements that we could not possibly meet and had no intention of meeting. So the RCO then

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requested that instead of seeking a use permit for a prepared food shop, that we amend our appeal

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to seek a use permit for a grocery store with accessories, prepared foods for takeout.

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We had been in touch with Ms. Emerson, who graciously advised us I had not come across

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that issue before of a last-minute amendment, and Ms. Emerson...

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of a last minute amendment. And Ms. Emerson very, very wonderfully explained to us what we need to

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do and do that. And we will do that. And I think with that said, the RCO supports what the amendment

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would be in its support letter. And it took us some time to get there. This is a property

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zoned as RSA3. Mr. Griffin, why don't you start showing some photos of the property so we can

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Sure, sure. As I move forward, and I think the cover letter sort of explains it,

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we submitted an exhibit packet and then we amended that probably about a couple of hours ago

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to attack some photos uh coming up are photos of the outside of the property we have two

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um there is the proof of posting right there uh these are two photos of the property

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uh right there on the outside uh this property i think has been abandoned for about eight years

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There hasn't been really any habitation in there. This is another view of that property, a little bit lopsided there.

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Excuse me. We don't have photos of the inside because there's really nothing inside. It's just a vacant area.

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um also uh there were some things we needed to get done with the tax clearance um the accountant

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for this property did all that today we have been advised that we should have a tax clearance by

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friday we will forward that um as soon as we received and i think as miss emerson may have

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advised before the start of the hearing uh there's only really so far we can go today

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with our presentation because we have to seek that amendment mr griffin mr griffin listen i

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i thought when you went to the photos there was some plans on what you want to do with the building

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yes well why don't you go back and show us the plans and what you want to do with the building

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All right. So I think I think you're referring chairman to the site plan.

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Yeah, that's fine. See what you what you want to do here.

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So essentially what we would do and I'll defer to Miss Garcia, I think she can probably say it better than I do.

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But the entire inside of the building and here's what we're referring to will be just completely built out.

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There's nothing there.

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So if we build out, it'll be a typical grocery store.

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There will be no seating.

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That was at the specific request of the RCO that we have agreed to.

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This area is in need of this.

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Um, uh, this is a, uh, a lower, uh, income area that our feedback was, uh, they need stores like

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this that are not perhaps beer delis. Uh, so we have sought to avoid that. Um, so this goes on

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the second, what, what goes on the second floor? Um, I don't really know. I think I can ask Ms.

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garcia to address that for you chairman but there were two floors right there there were two floors

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that's correct i will i will ask her that when i when i get there so where were you going to go

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next with this well i was going to complete uh the finishing of showing of this uh i think it's

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all there uh sort of of record and uh what i'd like to do is perhaps call miss garcia to explain

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that. Sure, thank you. Bring Ms. Garcia on. Ms. Garcia. Hello? Hi, Ms. Garcia, could you please

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state your name and then spell it for the stenographer? Uh, Debbie Garcia, D-E-B-B-I-E,

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Garcia, G-A-R-C-I-A

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Affirmed, tell the truth, the whole truth and nothing but the truth

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Yes

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Please proceed, counsel

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Ms. Garcia, before we get into some different areas

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Chairman Bergman had a question about this site plan

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Am I correct? It is essentially abandoned inside

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uh abandoned inside there is nothing there am i correct uh yes there's nothing there inside the

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There is nothing there, am I correct?

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Yes

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Yes.

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um the first floor the second floor would eventually be it's a an apartment okay so

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explain to the explain to this board what you would do with the first floor and what the plans

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are for the second floor can you enlarge those plans for me please

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any better ma'am

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sufficient

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okay

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Ms. Garcia if you could respond to that question

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please

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as you go into the grocery store

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their concerns were that on

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one wall

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I had seating previously

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and they were opposed to that

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because what they really

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the community really wanted was

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more of a grocery store selling goods that you can purchase at your corner grocery store so i

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eliminated that and put up more shelving so to provide and sell those goods and in the back it

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would be a kitchen just to sell um you know hot and cold sandwiches and also fritters and within

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this community since it's um it's basically mixed and a lot of hispanic people i would sell

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you know certain little spanish critters that would that they're interested in having

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miss garcia if i'm not mistaken you're you're sort of a child of this area am i correct

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Yes, I grew up, was born and raised in this area around the corner on Franklin Street. So I'm fully aware of the transition and and everything that the building has went through.

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this building has been abandoned for over 20 something years. When I came in to purchase it

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in 2018, my intention was to start fixing it up. I saw that there was a need in having a grocery

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store there at that property, which previously was a grocery store 23 years ago. But ever since then,

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it was closed and abandoned and um i've talked to people in the community and they said it was

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needed so therefore that's what i'm trying to bring back and revitalize the neighborhood but

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it's been abandoned for many years yeah miss garcia if you could comment on that second floor

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which was a question from chairman bergman what what are the thoughts with regard to that okay

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Okay, that would be an apartment.

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Okay, and that would be above the grocery store, is that correct?

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Above the grocery store, which they would have their own access into there, which was previously there.

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So they have their own access.

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And then obviously the basement would be storage for the grocery store.

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Now, you mentioned about the history. In our cover letter to the board, it was at one time DeLeon Mini Market, Rick's Mini Market, and then you mentioned many, many years ago, Rio's Mini Market. Is that your understanding?

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Yes, yes.

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Now, your hours of operation we've represented would be Monday through Saturday, 8 a.m. to 9 p.m. and Sunday, 8 a.m. to 6 p.m. Is that correct?

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Yes.

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We've also represented that you would have surveillance camera system in the interior and exterior of the property with those cameras to be registered with the police department. Is that correct?

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Yes.

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Yes. My my understanding also is that you will have a contract with a an exterior dumpster company that will be located in a secured fencing area for whatever waste comes out of the business.

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And there would be daily pickups on Monday through Saturday. Am I correct in that assessment?

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Yes, definitely.

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Now, if the board were to eventually see fit on this approval, you're aware and you have advised this, that you will be monitoring the license through the Philadelphia Health Department and you'll be able, you'll be required to apply for the food preparation and serving licenses from the department.

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You understand that, is that correct?

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Yes. And I believe there's also federal regulation that may come with the serving and processing of food. Am I correct?

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Yes.

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And I believe there's also federal regulation that make.

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Yes. OK. And you were present at the different meetings with the RCO originally back in June of twenty three and then more recently, October and November of twenty four.

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And you have essentially acquiesced to their request and admittedly a strong request that you change what you are targeting to do and make this into simply a grocery store purely for takeout without anybody being able to sit in and eat items.

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Am I correct?

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Yes.

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And you are in agreement with that. Am I correct?

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Yes.

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Okay. And I know this was a bone of contention with them. And I think we just want to make sure

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it's clear. So we have live testimony. There will be no, N-O, no alcohol sales at all,

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nor will there be an attempt to have alcohol sales through the transfer of a liquor license

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at this property during the entire ownership that you will have am i correct yes okay um

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now uh you were present uh live during my uh presentation of this am i correct

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yes and you heard what i said in my representations um were they indeed true and accurate

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yes if you were to testify again as you have been now uh would you have adopted my uh discussions

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and my testimony to the extent that was separate from what you just testified would you have

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adopted that as your own in this case uh yes okay chairman i have no further questions thank you sir

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well hillary this refusal is only for the store am i correct so i was actually going to bring that

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up in in my comments um because seeing the pictures and seeing that there was a yeah second floor um

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and there's a proposed use for the second floor it may be worth adding that to the current

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application as well because this is an rsa3 property so there'd be a requirement for parking

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which there doesn't appear to be parking so you need a variance for that the single family use

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in and of itself would be permitted by right but but but you would need a variance for parking

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um so that's something that could be added um to the the current um application if if the applicant

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would like are we are we we're not voting today am i correct no we are not we're going to hold

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for an amended refusal and it's up to the board whether we close the record except for the amended

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refusal and then just vote with it or we come back for a resumption hearing. Questions from the board?

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So let me make sure I understand what you're trying to do. You were trying to do a

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takeout, like, restaurant, but you're changing this now to be a grocery store?

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Is that what I'm hearing?

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Yes, ma'am.

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And we're doing that at the specific request of the RCO, and we have agreed to do that.

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so the part of the space will be used for i guess grocery type items which may be there

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but you're also planning to do this the food that the the takeout food as well

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uh debbie can answer that but yes okay yes and and and this will be just certain items you're not

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it's like sandwiches yes your is and some other go ahead oh it would just be like your hot

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sandwiches cold sandwiches something small that basically your corner store in the neighborhood

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where you can just get something real quick you know maybe some french fries you know something

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like that something easy not nothing like a three-course meal do you know what i mean like

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nothing big something just small for a store and then your basic grocery items that you can get

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your basic grocery items that you can get from the corner store.

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from the corner store okay

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Okay. And, and you're going to have a fryers or how is this going to work?

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Is this going to be like a full kitchen or is this going to be a,

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uh, like, no, not a full kitchen. No. Okay.

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So you're talking like some fryers and things like you're talking French fries,

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you're talking like fryers and things like that, or a grill.

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like a sandwich machine a sandwich little grill things like that okay all right and then the

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second floor would be an apartment yes okay all right thank you questions from the board

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you have a question i'll go ahead mike i just want to ask when was the property acquired

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in 2018 so that property as you saw those pictures it looks wonderful now not how

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it looked when i purchased an image from google 2021 so it looks like it looks it looks like it

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was redone yeah we were you know as we went along we started trying to rehab it and make it come

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back to life and make it look better but when i received it and purchased it it did hadn't it

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was not looking it did not look like that right and what's the use of the the the building in the

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back that one story what does that use it was a garage it's a garage back there and so what are

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you going to use that for um basically storage if anything where is the dumpster going to go

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with as you see there's like a wooded fence gate there the um the dumpster can go inside there we

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would open the gate and put it there is that between that one story and the the building itself

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is that yes between that garage building and yes and the building itself yes

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that way no one from the neighborhood can go dumping their trash in there

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it would be gated up

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thank you

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questions for the board

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that actually answered my question

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okay

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do you have anything extra

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not at this time

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not at this time Mr. Chair

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Mr. Griffin if you have further questions

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about the amendment process

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just let me know

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I will Hillary

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But I really want to thank you. You were you were very informative as to I had not had that issue come up at the last moment and what we needed to do.

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So I appreciate your guidance on what we need to do.

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