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Hearing video

ZBA Hearing - November 5, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Nov 5, 20256h 5m

advised by the community that may change in the near future because it's been changed to

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where no parking may be allowed. However, the on-street parking on Washington Avenue

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has existed already and was used by the existing restaurant business, and we do not believe that

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there will be an issue for the business to continue with that parking being available.

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But the garage would be an addition that is something that wasn't part of the original design.

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So a profile view and some material that was discussed for the purpose of the facade of the

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building, this being a building that would be kind of the first building to be seen heading into

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that part of Philadelphia off of Grace Ferry. The community asked us to consider having larger

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window designs on the property and using some of the materials that are very similar to existing

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buildings down the street. And the architect did take all those considerations. And also,

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So we were advised to try to wash an avenue side for the commercial space, make the first floor as much done with glass and windows and floor to ceiling level glass surfaces as possible so that it is more visible and lit up.

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And that consideration was also adopted in our design.

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So this is an older rendering without the enlarged windows, just to give an idea of how this structure would look from its 3D perspective.

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And that is essentially how we were able to work with the community to come up with the finalized design.

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The community supports this project with the changes that we have made.

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Um, let me, so the, uh, we have had, again, multiple meetings with the community, um, and with the changes, uh, and also with us agreeing to also provide a few low income housing units, uh, as part of the overall project, uh, the community supported our project.

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Some of the things that were raised as concerns, there is a railroad bridge that would abut the one side of the building.

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We're going to put sound resistance, soundproofing style windows, shadow resistance.

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Sound resistant, soundproofing style windows, shadow resistant type windows on that side of the building for sure.

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And overall, the building would have additional soundproofing to ensure that the railroad and the trains passing would not be impacting the residents.

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But as a general overall project, we've received very positive feedback from the community.

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There are similar projects up and down Washington Avenue, and our facade, again, is designed to fit and match those type of new projects as well.

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So with that, we have received, again, support from the community, and we would ask the board's favorable review of our application.

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My client is available to answer any questions, and also the architect is available to answer any of the board's questions.

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Why don't we have your testimony adopted, and we'll have the architectural call should we need to ask them any questions, okay?

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Sure. Thank you.

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Chelsea, can you raise your hand virtually to be identified?

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Can you hear me?

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Yes, we can.

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Hi, could you please state your name as spelled for the stenographer?

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Yeah, my name is Chiaozhen Kwan, spelled as Q-I-A-O-Z-H-E-N, last name H-U-A-N-G.

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

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Yes.

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Please proceed, counsel.

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Thank you.

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Chelsea, did you see my presentation and hear my representations before the zoning board?

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Yes.

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Can you verify what I have presented to the zoning board is true and correct and adopted as your own testimony?

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Yes.

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Thank you.

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Questions from the board.

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Yeah, did you have a streets review of the curb cuts for the driveway into the underground parking lot?

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I'm going to defer that question to the architect.

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I believe he would be better situated to answer that.

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KJ Architecture should be here.

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I'm not sure how his name is.

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Let me give me one second.

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i believe it's mr johnson mr johnson for um mr newen so it i don't know if it's mr johnson

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that's with us today kenneth johnson they're being promoted to panel this year thank you thank you

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uh you need to unmute mr johnson all right can you hear me good morning mr johnson could you

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please state your name and spell for the stenographer kenneth johnson k-e-n-n-e-t-h

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johnson j-o-h-n-s-o-n you swear or affirm to tell the truth the whole truth nothing but the truth

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yes counsel thank you uh mr johnson did you hear the question relating to the streets

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department approval for the curb cuts was that uh ever obtained for the uh for the underground

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parking yes we um applied for the streets and the curb cut was already is already there so

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the curb cut is done they they said that curb crap is okay but the problem is when we're back

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the curb cut was there but it wasn't when we first went to get the streets approval

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the underground wasn't on the plan

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so when we

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revised it we resubmitted it

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to the streets department because

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we had to get the underground approval

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and that's still in reveal

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but it would be the same curb cut

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there's no change to the size

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no we're not changing the curb cut

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the curb cut is in the exact location we need it

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and it's wide enough

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other questions for the board

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yes

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is there interior trash storage

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in each unit, or is there a trash room in the building somewhere? How is the trash

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being managed? There's bins.

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I don't know if you could go back to the site plan.

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But there's bins outside for trash collection.

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It's right next to where...

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Which job page of the plan would that be on? The site plan.

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As mentioned before, that building was used for restaurants

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in the past, and we're using the same area

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where they store the trash bins in the refuge

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for the tenants and for the businesses.

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So the commercial tenant and the residences will use the same trash

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area? Yes, of course, you probably have to have more additional

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bins there, but yes. Because we're using

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because we're using the same footprint as the existing building

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the same footprint as the existing building.

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other questions where would

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where would the uh is this the that it says

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dumpster here i think so this will be the area i see it says

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dumpsters yeah yeah they have been relocated to the other side

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yes and that's that's fenced in right yes

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thank you other questions

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questions or comments from our attorney

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Hillary Emerson.

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Yes, just a couple things for clarification.

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Sure.

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One, the amended refusal, that reflects the revised plans, right?

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There are not any additional revised plans.

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Correct.

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Okay.

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And second, the refusal just says eating and drinking establishments.

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Do you have or has your client determined what type of eating and drinking establishments

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um they would have at the property a prepared food shop takeout restaurant sit down restaurant

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um um i saw chelsea just walked away i was about to ask her that question uh chelsea can you

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can you kindly answer that uh was there a is there a tenant that's already um

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being uh considered for that eating and drinking establishment it's most likely going to be a

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restaurant isn't it yeah that's uh we were hoping that's a restaurant uh for the commercial tenant

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but we don't talk about uh restaurant tenant it's coming and it'd be a um like just a takeout

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restaurant it could be just a uh it could be a eating restaurant but it would most likely be a

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restaurant of some sort yes so would you be okay with a proviso if the board grants limiting the

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used to either a sit down or take out restaurant yes okay thank you thank you

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question questions or comments from the audience virtual audience or the the virtual audience

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no hands at this time chair planning commission thank you chairman and good morning david fecto

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with the city planning commission chairman and board members the comprehensive plan recommends

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a change in zoning at this location from i2 medium industrial to icmx industrial commercial mixed use

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the city rezoned this neighborhood in 1971 in a council supported map change eating and drinking

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establishments would be allowed in the proposed zoning districts uh well household living would

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not the proposed zoning is due primarily to the presence of an active freight rail line next door

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which poses a hazard to residential development the city planning commission recommends that the

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board grant proposed use variants for eating and drinking establishments but deny all other

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proposed variances we also note for the board that absent participation in a city state or

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federal program or a city zoning incentive affordability mentioned in the appellant's

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testimony cannot be enforced by any city agency thank you hillary um what's our proviso here is

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an amended refusal what's the date um i thought i had that on there

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the amended refusal was dated yes 6 10 25

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And it will also be mentioned this is for a sit-down or take-out restaurant?

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Right.

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So we'd want to say something to the effect of eating and drinking establishments

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use limited to sit-down or take-out restaurants.

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Okay.

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All right. So, MI 2024-003-731-2617-25 Grace Ferry Avenue, I vote yes with proviso.

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Amendor refusal dated 6-10-25 proviso.

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Eating or drinking establishment, sit down or take out.

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Michael Johns, my vote is yes with proviso.

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yes with provisos tenetta graham my vote is yes with provisos ryan mcadams my vote is yes with

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provisos thank you um counsel could you please stay on sure so mi2024 and by the way thank you

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for the last case um number four mi 2024 007 311 64

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Number four, MI 2024-007-311-6049, Caster Avenue.

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Counselor, could you, just for the record, state your name?

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Yes.

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Zen Jin, Z-H-E-N-J-I-N, here on behalf of the applicant.

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Right.

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You've already been sworn.

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There is a letter of support from Community on the Rise.

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Our vice chair has a few questions for you.

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Good morning again.

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And have you submitted these documents five days in advance of this hearing?

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Yes.

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And do you waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Thank you.

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Share your screen and proceed, please.

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Thank you.

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I'm going to share with the board what was previously submitted for 6049 Pastor Avenue.

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Can the board see my screen on theirs?

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Yes.

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Thank you.

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So I am here on behalf of Bright Sun Rise LLC, Mr. Jiang Li Ming.

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is the property owner. And this is an application for the use of the space for the purpose of a hot

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food breakfast and bakery, which is essentially categorized as a takeout restaurant on the first

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floor of that particular property. This location on Castor Avenue 6049 is in the middle of a

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commercial mixed use block. There are very similar uses, but different types of foods on the block

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including pizzeria and other types of food that does not conflict with my client's proposed

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breakfast service. The breakfast service that my client is proposing is supported by the community

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after our meeting, both with the community group's board as well as a separate open community

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meeting. The one issue that they raised was the community actually would prefer this to be a full

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takeout service set up rather than having any kind of table and seating. We on the plans show,

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and I'm going to go to the plans this way the board can reference as we discuss this. We on

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the plan show two tables with four seats. The community was concerned that they would rather

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see that the breakfast food is just simply taken over the counter, purchased and taken rather than

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have people sit there so for the waiting area they suggested that we use bench seating instead

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of table and seats we have no objections to that request and certainly would be happy to make that

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the final design the general purpose of this is my client who is from the area who is in the food

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business has noticed that there's a lack of any kind of breakfast service businesses in that area

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and particularly for the residents near Castor Avenue.

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So his proposal is to do breakfast service

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primarily focused on the breakfast sandwiches,

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omelets, pancakes.

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So it's a mix of American-style breakfast

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with a little bit of Asian pastries as well,

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which will be pre-packaged

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And simply, there's no baking on the premises.

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The bakery will be prepackaged, brought in, and sold alongside with the prepared breakfast items,

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such as omelets, sandwiches, pancakes.

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The proposal is to have, I believe I have a business plan, which you'll be better able to...

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I'm sorry.

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Right. So the proposal is to simply have breakfast service until about afternoon time.

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So the hours of operation would start around 7 a.m. and the service would end around 4 p.m., with most services ending after 3, but there will be cleanup afterwards.

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He anticipates generally at the start to have four employees working in the space, mostly in the kitchen area and one at the counter.

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and there will be no again no seating so there'll be limited service of any other than preparing

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the food and serving it to the customers so with the type of space size that he has this is the

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best uses of space a full sit-down restaurant would actually be a lot more difficult to accomplish

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the location on Castor Avenue the neighboring properties are pretty much all commercial uses

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There's a shared driveway in the back, which makes trash management and even some deliveries much easier

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because the trash trucks actually would access the back where the dumpsters for all the businesses generally are located.

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So there is no negative impact from the trash generated from the business because there would be.

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negative impact from the trash generated from the business because there would be space in the back

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for the trash and pickup would be away from the main street during hours when people would be

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heading to work. There are on-street parking. The community even suggested maybe he should apply for

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a delivery spot in the front for some deliveries. Again, with the size of the operation, he's not

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