civus
Hearing video

ZBA Hearing - May 6, 2026

Philadelphia Zoning Board of Adjustment (ZBA)May 6, 20267h 28m

where the the larger commercial kitchen will ultimately will be and i strike what i said

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earlier anything here where the commercial kitchen will be but the existing kitchen the existing

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kitchen is what i was talking about asking for i think yeah right here is this not well this is

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just uh this is just well this is the existing prep here was there a there was right next to

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that that um sink i'm trying to see you so it's back here but there's not like a picture of it

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oh i i see so do you remember how the venting is i see i see the grill back there where the arrow

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Do you recall, Mr. Fender, how that tape on the grill is vented?

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So that I'm unsure of, and there's a hood there, so I'm not sure where it runs to.

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But from what I understand, the plan was to vent everything out the back wall.

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Okay.

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But what Ms. Gaskin is stating is that if you're building codes, it is required to vent out through the ceiling, and your ceiling is proposed to be glass.

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Would it be the plan?

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I'm not.

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I'm not.

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Was that you?

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making a representation about where i'm making a representation i'm just asking where are you

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planning to do the venting once you do this addition of this property like currently it's

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you you you're saying it's going through the back but i'm not sure where um but you know usually the

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venting goes through the roof is the is the roof going to be glass like the I see the windows is

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the roof going to be glass too or how is this going yes if you if you scroll down to the plans

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with Lucas what is proposed from an aesthetic standpoint that the roof would be these glass

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window panes these glass panes there there is but there is still space alongside and there's

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the elevator so there will be the pilot house of the elevator here but there is space alongside

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where venting would still occur on the on the side but this is again posed in scale perhaps

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i would imagine if there was any issue concerning the code the scale of these windows would be

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It's a tale to enable any venting that will have to happen through the main booth.

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Okay.

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And I guess, okay.

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So, okay.

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Capacity.

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How many people do you have in there at this time?

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And how many more people are you planning to have in this space once you do this addition?

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Currently, the restaurant is closed and only occupied the first two floors.

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Whatever the building code limits it to, the fire code limits it to, is where the building is limited.

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I don't think, I'm not sure if Mr. Fender has a better estimation of the capacity.

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uh do you mr timber um what about tables how many table spaces do you think you might serve

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uh maybe 10 15 per floor depending on the size

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okay okay thank you all the questions

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questions or comments from our attorney um mr poppin i just wanted a little clarifications

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on the the plans because the rco asked for no roof deck and you took the roof deck out right

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yes okay what so instead of the was the roof deck above the fourth floor

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or was it behind the fourth floor above the third floor uh if you um

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behind the fourth floor above the third floor uh if you um if you can scroll mr tender to the

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existing the existing uh that will give us a better look at that oh no further down further

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sorry further down to the plans yes uh the existing conditions of the plans it was the second gauge

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basically the roof deck was going to be over the second floor and the original the

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your plans have a page further up in the surface just slightly up further yeah further up further

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yeah here here so here this this is a work this area if you look at the existing third floor

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it says open to below so the roof deck would have been in this lounge area on top the second floor

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and the third was building up stop behind the third floor okay yes it would be it would be

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behind this will be it would be at the second floor and the third floor would stop short um

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and it would be open to below for the top two floors got you okay so so the the reason i was

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asking is just so if you're not having the roof deck were there any are there any changes

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dimensionally to the envelope of the structure because you remove the roof deck and put it in

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put in the lounge area instead to just i'm trying to determine if if the board approves this if we

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need to um if there should be revised plans that we stamped or if we just proviso you know no no

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roof deck and then you submit revised plans to lni that don't show a roof deck just trying to figure

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out what the board would need to do i understand um the way the way we we are we're not in we're

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not looking to increase the building envelope any dimensionally not even mention this it'll simply

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stack um two floors on top the second floor there's already a half floor of a third floor existing

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and there'll be almost i guess a floor and a half placed on top of the existing structure

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is what is proposed okay is there no is there i'm sorry is there another sheet that sorry go ahead

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no no you you you go ahead you asked your question is there another sheet that shows

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the fourth floor oh yes if you could scroll down mr fender i think you might hold it slow slow the

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first and second third there it is okay so it says stacked it's stacked on the fourth third

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all four floors will be of equal size what's the plan for the third and the fourth floor

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Or is it only going to be rentable by people who are hosting an event?

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Or will there be sort of general bar service there on typical night?

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And why don't you give us some of your vision for the top two for those?

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So it would be also used for like a restaurant, depending on how packed we are, and an event space.

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And it would be like a lounge area for everyone.

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so okay but looking at the third floor and the fourth floor plan it's all lounge furniture

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so is the idea that if i came in for dinner on a tuesday night i might eat dinner on the

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couches on the third floor or would that only be yes sorry the engineer just placed things there

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just for the look of it we didn't quite we didn't tell him to sit the chairs and things of that

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nature he just put that into the picture when he did it as a design i understood that so then what

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for like what is your current plan as the operator so i would be putting like actual places so you

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can actually sit and eat some some would be couches like we have like when you sit your

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back and there be chairs on the other side so you can sit and eat but as well as you can have

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regular table service yes okay and so when it's not an event like what's the plan for the lounge

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side that part i haven't quite figured out like between like the rco meeting at the ars yes so

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i when you're saying that you mean like moving the furniture out of the way or

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no i mean like typically neighbors have comments about lounge uses so i was just wondering showing

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that this is a four floor plan for a restaurant lounge and event space and nothing that has come

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up so far in your testimony has addressed typical things that neighbors care about i'm wondering

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has it been discussed uh it was i i could yeah yes um um this way it was discussed as to how

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the whole structure would be used because although they have the top floors are mostly on glass and

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are going to be event-ish in nature the the upper floors were a question because the existing bar

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was mainly the first floor only

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was mainly the first floor only and the second floor was in as you can see in this plan was the

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and the second floor was

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as you

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typical restaurant as you move up as it gets busier these upper floors i guess the way mr

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pender put it if there was no events that day nothing happens on the fourth floor at all

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it's just it's a reservation only booked um area up top but the third floor is more is kind of a

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hybrid the way it was talked about the visit there is a big bar in the middle the tables and an

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additional seating might fill in this back area either in the configuration of six tables or just

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an open standing um lounge situation just depending on the demand so there was conversation

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along that line about how the restaurant might fill up if it wasn't busy and I think you mentioned

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like on tuesday when it's not busy these top floors may not be utilized that that was that

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was at least okay so then what were their comments because you were i mean you're adding a a floor to

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what was already there yes so the comments i can summarize that's where we get into the negotiation

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of no roof deck on the second floor because the comments were there might be noise if that if

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that restaurant pours open to on top the third second floor and there's there's noise in that

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on that uh if you do an event that's sort of an outdoor patio event then that noise would

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overflow into the community and that's where we negotiate the community to enclose the second the

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rare third and fourth floor so there would be no food deck at all so that was the nature of

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conversations relating to the rare of the property okay but so currently as proposed this would still

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They'll be all four floors would be fully utilized as typical operations.

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Yes, if that can be asked.

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Okay.

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Any other questions?

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Yes.

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And you did say this was right next door to a church, right?

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Two.

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There's a church on either side.

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One closed and one open.

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Oh, okay.

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And then those churches are okay with this expansion?

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the the one that's operating the the open one they were pretty excited because they they do a lot of

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events at their church involved in catering so they envisioned utilizing the space for events

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that the church can't um accommodate of a social nature so that was that was why we got so much

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much of that many of the signatures on our petition of the members of the church next door

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okay thank you and um was there any discussion at the rco meeting about parking

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or the lack thereof yes there was there was there was talk about parking and because the existing

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bar was a walk-up bar from the community and this bar this takes it to a bar plus restaurant

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configuration there was conversation about you know there's no parking space here how would that

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the accommodated and then the conversation was this our client has right across the street is

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a dollar store that closes at nine i think i don't know there i think it closed in the nine

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o'clock time frame so anything that would that is an empty parking lot clients going to pursue

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getting an arrangement to park there there'll be valet parking also that he's working out for

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different folks and all of the rest there's another restaurant one block down that is also a walk up

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bar restaurant and they have also dealt with the same situation of people who bring in

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walking from the community behind and that has not been that was not referring to the crab shack

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that is mostly takeout no well there was no there's a bar in the next block not

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okay all right i don't think i don't think it's that but um but no that they discussed that you

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You know, the bulk of churches on either side operate on Sunday only, and they make it together.

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I hear you.

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I think my one comment is that that's a very congested corridor.

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Like, from Lancaster, Belmont, like, if they're, Gerard, if there is any kind of traffic, it is, like, right at that intersection.

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And so, and I don't know how long it's been since that bar opened, but as a person that drives past it, almost every day of my life,

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i don't remember ever seeing anybody going into that establishment in the 17 years that i've been

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here um not to say that they weren't i just didn't notice it so i am like wondering like how this is

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going to uh you know fit in with the flow of traffic and people that are already over there

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um and and sort of what's your plan but it sounds like it's you're moving towards having agreement

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with the dollar store and potentially the laundromat and the churches to try to have a formal

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dollar store and potentially the laundromat and the churches to try to have a formal agreement

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to utilize their parking spaces yes that's correct and the community was pretty excited

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about having a restaurant of what is hopefully of the caliber discussed at this spot most of

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the restaurants along that corridor in that in those three blocks or walk up you know take out

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You can't dodge and take it to a family event at those other places.

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So they like the idea.

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And then having that viewpoint to the skyline was a selling point.

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And again, I guess this would be the last thing.

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But that was really my question about capacity.

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It's like you're talking about putting a lot of money into this expansion of this business and there doesn't appear to be a real idea of how many people are really going to utilize this place.

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whether the you know in the end the the cost uh is going to be covered by um the clientele

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that frequents the place so people may be excited about the idea that doesn't necessarily mean that

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they're going to frequent the place and and this is going to need two you know four floors here

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i mean again i'm not sure about how many people you're talking about having because

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when i asked the question i didn't get it well i think it doesn't l and i set the number of people

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yes yes you gotta you gotta get the l and i first to see what they'll let you have right

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all right any other questions questions from our attorney not anymore mr chair questions from the

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the virtual audience you're not seeing the hands with the chair planning commission

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Amy Boyd with the Planning Commission. The comprehensive plan recommends no change to the CMX2 commercial mixed-use zoning at this location. The appellant has not demonstrated that there are unique physical circumstances or conditions of the property that would prevent it from being used in conformance with the zoning code. The Planning Commission recommends that the Board deny their requested variance for height.

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mi2025-003-384-4860

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Lancaster Avenue

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I vote yes

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Michael John

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my vote is yes

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Cheryl Gaston

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my vote is yes

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Tanetta Graham

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my vote is yes

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Iowa and my vote is yes

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thank you Sherman

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thank you to your client

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is there anyone in the audience

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whose case has not been called

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where's Ian at by the way

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there are no hands Mr. Chair

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thank you

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What happened to our 345 dismissal today?

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I mean, where are we being in Hagerty?

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Our short agenda, what happened?

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Well, let me shut this off.

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It started, it went bad when we had one part of the thing

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and we had like 16 people to testify at one part.

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Right.

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Whew.

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Great job.

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