civus
Hearing video

ZBA Hearing - May 15, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 15, 20245h 20m

the back end of it, and then the building was entirely renovated. We do have the support

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of the Broad Street West RCO. I sent out well over 100 letters. No neighbor showed up. Three

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members of the board voted in support of the project. Mr. D'Antonio, who's the president,

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noted that they didn't receive any complaints from the neighbors or members of the community,

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so they voiced their support. This is a photograph. Again, the old Lancey's Bakery used to occupy

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the entire first floor and about back to where my cursor is. We were in front of the board in 2018.

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We asked for an addition at the back and then the change of use from the bakery to a coffee shop.

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You can see three meters, four meters, one common, one for the bakery, one for each apartment above.

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This is a photograph of the interior of the bakery.

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You can see there's some paintings hung on the wall in the rear.

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Mr. Tartaglini has engaged local artists once a month.

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the local artists in the neighborhood can come in

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and put their drawings and sketches on the wall,

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and they're for sale if someone wants to buy it.

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This is a closer look at the seating area

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for the coffee drinkers and tea drinkers,

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as well as the artist wares on the wall.

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Interior photographs of the apartments upstairs.

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These are the plans.

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But where my cursor is was a two-story addition that was put on between 2018 and 2020-21.

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Everything else remains the same.

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We don't have any issues with open space, rear yard, or height.

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We have commercial trash pickup.

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The hours of operation will remain the same.

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Their application for appeal, indicating real estate taxes are paid up.

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our zoning map, here's the corner of property,

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our zoning map here's a corner property here's colorado street there's apartments across the

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here's Colorado Street, there's a park.

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street there's some other commercial uses on the other corners the deed indicating ownership my

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client purchased the property in 2018 our notice letter indicating we mailed out 164 pieces of mail

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and that is the presentation mr chairman so just in conclusion

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uh the use that was approved 18 2018 five years ago it hasn't been continuous since then because

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there was a lot of renovation underway the coffee shop's been in business about two years or so

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well received in the neighborhood the neighborhood's becoming more densely populated with a lot of

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apartments younger people moving in uh it's dog friendly mr tartaglini has dog treats for the

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neighbors, dogs, animals that come in. It's a nice setting, great place to stop by. And we're asking

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that the board look upon this and make this a permanent variance that he can maintain the

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coffee shop and that we don't have to come back in five years. And the apartments, again, will stay

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as is. We're not altering the essential character of the neighborhood. We're not impairing anyone's

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light or air or any adjacent properties. We're basically in harmony with the code. It is a

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commercial use, replacing a prior commercial-slash-retail use with residential above.

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And with that, I would ask that my client unmute himself and be able to adopt my testimony.

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Daniel?

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He's allowed to speak.

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Daniel, could you please state your name and spell for this photographer?

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Dan, can you unmute yourself?

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I'm not Dan.

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Good morning, everyone.

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Can you hear me?

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Yeah.

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Daniel, please state your name and spell for the stenographer.

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Sure.

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My name is Daniel Tartaglini.

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That's first name is D-A-N-I-E-L.

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Last name is capital T-A-R-T-A-G-L-I-N-I.

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

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I do, yes.

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Please proceed, counsel.

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Mr. Tartaglini, were you on the Zoom call when I presented your project for the coffee shop at Colorado and Jackson Street?

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Yes, sir.

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And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes, sir.

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Thank you, Mr. Tartaglini.

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Questions from the board? No, Mr. Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Just briefly, Mr. Chair, I just wanted to note for the record that it appears the refusal is missing a refusal for having multiple principal uses on an RSA 5 lot.

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But that's, I just want to note it for the record. There's nothing that we need to further we need to do. Thank you.

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Questions or comments from the virtual audience?

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Yes, I have Alexander Duller will be allowed to speak.

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Good morning, sir. Could you please state your name and spell for the court stenographer?

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Good morning. My name is Alexander Duller, A-L-E-X-A-N-D-E-R-D-U-L-L-E-R.

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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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Are you a neighbor?

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I am.

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Please proceed.

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um i live across the street um i'm not sure if the immediate neighbor right who that uh across

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this was across the street for me gina she also said she was going to be attending but

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um basically we talking with some of the near neighbors we were basically asking the board to

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grant this again as a temporary use maybe tied in with the lease to the actual business

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ultimately the issue is i'm i'm an architect here in the city i've presented in front of

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this board many times the moment you guys grant this as a sit-down restaurant um this restaurant

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is not guaranteed to be here for the next 20 30 years i've lived on that block for 20 years now

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Watched it go from Lancey's Bakery on the opposite corner.

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There's another commercial space, and we've watched that become a nuisance depending on the use.

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Right now, it's a very low-key office, but at one time, it was a carpet company that had big blinking lights all day long and all night long.

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Ultimately, this coffee shop that's been open for the past couple of years is doing a great job.

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But the moment it becomes, you know, some other sort of restaurant, it can become a nuisance to the neighborhood.

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you know, some other sort of restaurant, it can become a nuisance to the neighborhood.

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So we basically would like to make sure that the provisos that were attached to the original

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zoning ultimately are attached again to this zoning because this could become a nuisance

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restaurant. And by the board granting the use permanently, it could become any number of

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restaurants any number of uses and in even in its current state you know right now we have a lot of

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people double parking parking in the neighbors literally parking in our cars to go to the coffee

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shop now typically it isn't a problem because you know most people double park go in get a cup of

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coffee get a cannoli and you know head out in 10 minutes but I've definitely been stuck there for

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at times it it you know henry says it's a dense neighborhood it's the vast majority of single

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family homes when he presented this five years ago we asked that it either be another apartment

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or be a use of a office or you know a lower a lower use something you know once again kind of

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tied into daytime use that's why what five years ago we came and we we we asked the board at the

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time to make it a temporary use and attach the provisos that were attached previously in terms

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of hours and whatnot so basically we're i'm i'm just here for that the reason i didn't attend

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the neighborhood meeting was it was on the same day as the solar eclipse and i was traveling i

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was in ohio to actually witness that event so thank you thank you for taking the time to call

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and we appreciate is there anyone else in the virtual audience

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i've seen no hands planning commission

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hello amy board with the city planning commission the comprehensive plan recommends no change to

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existing single-family residential zoning at this location however the uses for multi-family living

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and an eating and drinking establishment are consistent with documented prior use therefore

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the city planning commission recommends that the board grant the variances for eating and drinking

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establishment and to family household living. Thank you. Mr. Clinton, you want to respond to

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the neighbor's comments? Yes. I mean, when we were there five years ago, I mean, I don't remember

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Mr. Delver at the meeting then, but if he said he was there, he was there. My client has invested

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substantial financial resources in this property.

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The two apartments are ongoing.

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They're in existence.

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The coffee shop is a low-density use.

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I understand Mr. Dollar's concern,

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but I guess if the past history is any proof

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of what future performance will be,

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we'd like to ask the board to make this a permanent variance

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so Mr. Tardegallini doesn't have to come back again

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and expend resources to to plead his case when he hasn't had no complaints for any the entire

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amount of time he's been there thank you mi2024 000913 1716 jackson street i vote yes

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thomas holloman my vote is yes james snell my vote is yes ishmael shaheed my vote is yes

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Thank you, Mr. Chairman.

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Mr. Clinton, could you stay on, please?

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We have another of your case here.

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So MI 2023-007-173-2943 Master Street.

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There's a letter of support from the Brewery Town Shardswood Community Civic Association.

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The applicant also provided a petition and support signed by approximately 46 neighbors.

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Mr. Clinton, just for the record, state your name.

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You've already been sworn.

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Sure.

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My name is Henry Clinton, C-L-I-N-T-O-N.

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Mr. Clinton, could you identify your client, the relationship to this property?

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Sure.

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The client is B as in Bill, S as in Sam, A as in Albert, J as in John, LLC, the principal

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of which is Bonnie Sarana, S-A-R-A-N-A, and she is on the call.

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Thank you.

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Our vice chair has a few questions for you, sir.

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Good morning, counsel. 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 that is needed to proceed with this case five days in advance of this hearing?

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We have Mr. Shishimi.

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Thanks, counsel. Please proceed to share your screen.

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uh good morning again mr chairman is that visible we're up it's up sheriff it's fine

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Good morning again, Mr. Chambers.

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uh henry clinton on behalf of the applicant bsaj comma llc principal of which is bonnie sarana

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this is a request for a bakery at 2943 master street it's a corner property as i'll show you

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So these are the table of contents, exhibits A1 through A10, which I ask to be admitted into evidence.

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This is the refusal.

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This is a CMX1 zoning district.

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It's a corner property, and the proposal is a sit-down restaurant, but it's really not a restaurant.

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It's a bakery, but because they're seating, it's classified as a sit-down restaurant.

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Prior uses have been a tattoo parlor, and you'll see some of the photographs.

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It was also called Urban Legend at one point.

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They sold T-shirts, hoodies, sneakers, and sweatshirts.

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This is the RCO, Letter of Support, unanimous, 9-0.

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Everybody loves a bakery.

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Again, as the chairman mentioned, this is Brewery Town, Sharswood Community Civic Association.

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And they were very impressed with Miss Serrano.

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Miss Serrano already owns a bakery on Paschonk Avenue, a very successful venture.

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She's trying to duplicate that business model on Master Street in North Philadelphia.

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She's hands-on.

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She's the baker.

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She's there all hours of night and day, and she has a great track record, and the community

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group was very impressed with her, as are the neighbors.

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You can see the 46 signatures in support of the project.

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so this is the the corner uh stucco exterior the idea is that the first floor

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will have some seating not a lot just enough maybe 10 or so and there's some equipment and

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i'll show you that on the first floor and then the second floor is really where all the baking

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operations will take place so it's a full commercial use there's not going to be an

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apartment or anything on the second floor we're not expanding the building we're going to keep

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the facade, some nice detail at the cornice. This is a prior photograph before that awning

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was put up by Urban Legend. You can see there's a yard space there. That's where the trash will be

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kept. Interestingly, Ms. Saranis shopped on Paschalk Avenue. She only generates two bags

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of trash a week. She belongs to a community garden. She composts everything that is excess

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from the bakery and even her flour bags are compostable so there's very very little waste

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with this operation some interior photographs just to show the layout this is the second floor where

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obviously it'll be converted into a an area for all the cooking appliances and i have photographs

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of the appliances for the board as we walk through this first floor again this is not

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totally renovated yet. It's all

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existing.

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These are some of the baked goods,

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products that Miss Serrano

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is very skilled at,

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bagels, cookies.

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If it was a live presentation, Mr. Chairman,

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we would have brought in some samples for

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everybody, but virtually

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unable to do that.

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These are the plans

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and layout. This is the first floor, again,

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heating, bar stool area, equipment, appliances, handicap bathroom, access to the rear yard for

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trash storage, commercial trash storage. Second floor, these letters comport with certain equipment

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that I'll show you briefly as I walk through the presentation. This is the site plan, again,

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the rear yard for trash storage. This is a more detailed look at the floor plan, seating on the

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first floor front, cooking appliances, again the bathroom, and the second floor has most of where

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all the cooking will take place. These are all the materials and appliances and equipment that

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