civus
Hearing audio

ZBA Hearing - February 3, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 3, 20261h 44m

case i okay no i mean if that we you know if he submits them thursday and friday that today's

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tuesday right so um but presumptive hearing all right so why don't we do this we'll we'll get you

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in a little bit quicker we'll um because i did get all of the exit i have okay so what we'll do is

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here's where we're going to be. So MI 2025, 004-101, 5944 Cal Hill Street. This case will

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be continued to 4-7-2026 at 9.30 a.m. And then just check with the staff before him and make

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sure you have everything and we'll go along with that. Okay. All right. Thank you. Thank you for

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all right um number five mi 2025 004 398 10012 sander meyer lane isaac slepner is the attorney

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this is a resumptive hearing

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isaac slepner will be rejoining us as a panelist

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good morning members of the board good morning counsel could you please state your name and

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spell for the sonographer yes isaac slepner i s a a c last name slepner s l e p n e r

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I am counsel to the property owner of Mariam Star, LLC.

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

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Yes, I do.

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All right.

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There's unanimous support from Somerton.

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Am I correct?

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Correct.

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And what you're going to do is give us a presentation of the supplemental information from the applicant.

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Correct.

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Questions from the board.

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There will be public testimony limited to what you present today, and then planning may give us an update.

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Okay?

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Understood, Mr. Chair.

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At our initial hearing, the board had requested plans.

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Just to refresh the board's memory, this is an application for a use variance.

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The property is owned. I, too, and my client plans to open a takeout market, small grocery market, with a prep kitchen, no on-site seating, no liquor license, no tobacco license.

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It did have unanimous support from Somerton Civic.

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If I may share my screen, I would like to go through the plans.

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And my client, Zakid Raskojehev, I'm sorry, Zakid, if I mangled your name, I apologize, is here, who is the principal of Mariam Starr.

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And also our architect, James Ferreira, should be out there as well.

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And why don't you go through the plans?

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And if there's questions, you can bring your architect on.

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Sure thing.

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I'm going to go ahead and share my screen.

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Sure.

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All right.

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Thank you.

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Here we go.

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Okay, is everybody seeing that?

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We do. Okay, great. We're up now. Yep. All right, so

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Up here is a kind of gives you a synopsis of where it is at the site and the site itself is a strip shopping center and has been

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So for a while I would say several decades here. We have our floor plans. So

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Here we have our floor plans. So, this is the front of the store, Sandmeyer Lane.

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This is the front of this

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Here's a nice little rendering of it. This is what it will look like ideally when finished.

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Over here you see you've got your front windows, your front door right here,

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and then you've got shelving, shelves.

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Here's a refrigerated unit back here, your cashier.

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Then you've got a hallway back here, prep area, kitchen, and a restroom.

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These are stairs to the basement.

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Then your stairs to the basement lead.

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Down here you've got your mechanicals.

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I know it says living room.

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This is more of just a general large open storage type of space.

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Some more storage, storage, linen closet, employee area, and that's at basement level.

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Over here, again, you've kind of got, just so you can see the square footage and where the doors are, here's the front door.

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You've got just a large empty space that can be modified as needed, your stairs, your pattern room, your rear door for trash takeout,

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and then your electrical, mechanical, basement, and some other configurations if need be.

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these are renderings this is your first floor your ground level it's really a

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one-story with a basement here's a side view elevation I know it says deck but

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that's just ground level street level here's a left side side view we're

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rear elevation with your rear door for trash takeout then these are some

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renderings. So this is your prep kitchen, shelving, sink, range with hood. This is

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the interior of the store area, your cashier's desk, shelving, and that's

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looking from front to rear. Here's your interior of your restroom, rendering, and

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And then these are some cross-sections. So as you can see, here is the ground level front with your big windows, your front door, customer area with your shelving and cashier, prep area, restroom, and then downstairs.

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and then another 3D view with your storage in the basement and then some larger storage spaces and closets in the basement.

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And then here's another angle of it. This is from the front with the wall cut off and you can see the store space, prep kitchen, bathroom, basement.

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This is the placement of the store kind of within the strip center, and over here is, this is actually rear view.

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That's your rear door for your trash takeout, your downstairs, mechanicals, and then towards the front of the store where the basement is storage.

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Here's your market area, prep area, and powder room.

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And then a few more rendering views.

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This is your basement from front to rear.

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this is your basement from rear to front and then this is sort of again the

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basement from front to rear and again the basement more of a side view but this

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is front and rear so those are our plans and I if the board has any questions I

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think that would actually probably be a good time for that and I have my

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architect here if uh if we need him well why don't you do this why don't you bring your client on

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sure to adopt your testimony all right uh zakid you there

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i have a hand up by the name of rasul that that is my client okay thank you

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your client will be promoted to panelists

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good morning good morning sir could you please state your name and spell it for the stenographer

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Zohid Rasul

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Z-O-H-I-D

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R-A-S-U-L

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Right. Do you swear or affirm to tell the truth?

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The whole truth is nothing but the truth.

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Yes, I do.

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Counsel?

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Okay. Zahid, are you the primary

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member of Mariam Star LLC?

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Yes.

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And Mariam Star LLC owns this property, correct?

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Yes.

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And did you hear all of the testimony and see

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and did you hear all of the testimony and see all of the exhibits that i've shown so far

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all of the exhibits that I've shown so far?

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yes and do you um was all of that true and correct to the best of your knowledge

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yes and would you adopt my testimony as though you gave it yourself today yes thank you questions

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from the board yes is all of the exhaust being vented through the roof or the rear

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the my understanding and i have a photo of this is that the exhaust goes through the roof but

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zakid you may be able to speak to this and i think our architect may be as well

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i can go through my photos um i mean i could take you through all the photos

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what money is your client so zakid is does it vent through the roof is that the how it is situated

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yes uh all uh my neighborhood over the setup uh uh you know uh kitchen hood and we will do the same

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things yes all the photo you will see yes that's correct and there's a photo of the exhaust set up

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for um the commercial kitchen type of use that's correct and the previous use of this property was

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also a commercial kitchen or are we adding the hot cooking on site the

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immediate previous use I don't believe was but as a kid was it used as a

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kitchen at some point in the past and you're going to use it again as a

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kitchen yes but we you know focusing only market first it's not gonna be a

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full service restaurant they're going to make they're going to prep food that's correct and

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it's not the dining restaurant also it's not gonna be i understand that but you're still

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making hot food on site and then selling it out of the deli side right correct uh yes

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all right and i guess my question is was this already a commercial kitchen like was there

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already or do you have to do like construction to allow this property to be able to uh support that

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use uh yes okay other questions questions from our attorney hillary emerson um just uh just

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wanted to verify so this this use is for the entire property the entire structure there's not

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any other uses in this structure correct that's good thank you questions or comments from the

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virtual audience I see no hands at this time chair well any Commission do you already to

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have you already taken a position we have not share okay sure uh good morning chairman David

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effecto f-e-c-t-e-a-u with the city planning commission do you swear or affirm to tell the

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truth the whole truth nothing but the truth yes sir I do please proceed thank you sir

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Chairman and board members, the comprehensive plan recommends a change in zoning at this location from I2, medium industrial, to CMX2, commercial mixed use.

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The city rezoned this neighborhood in 1978, and a council-supported map change.

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The proposed use would be allowed by right under the proposed zoning and is consistent with the configuration of the current structure.

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The city planning commission recommends that the board grant the requested variance for retail sales of food and beverages.

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Thank you.

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mi2025-004-398-10012 santa meyer lane i vote yes michael johns my vote is yes

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cheryl gaston my vote is yes tenetta graham my vote is yes

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brian mcadams my vote is yes i win my vote is yes thank you um all right thank you board

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thank you do you have your photos when they come up

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just for the record state your name again you've already been sworn

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Bianca Buskett right um so why don't you start your presentation you know we've and Mr. Chair

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just a note for the um stenographer we're going back to number one 2618 North 22nd Street oh thank

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you so that's the picture of the bathroom i have two bathrooms in the property one upstairs and

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one also downstairs if someone wanted to use it downstairs um so i have wrote something down

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did you want me to read it well what i want you to do is you you were here once before yes just

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give us an update of what you've done since um right and the photos and things of that nature

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okay i painted everything over i painted my floors um which are epoxy floors

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I painted everything over. I painted my floors, which are epoxy floors now, and I just added

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lighting and just, that's pretty much about it that I did. I didn't do too much, but I do plan

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on like having my different classes and stuff because I was told from state boards that my

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building was too small because my plan was to do a hair school, but they said that the space of my

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building is not enough you have to have 2600 square footage or more to do an actual hair school

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but i'm licensed to be able to do classes so this has been like a big struggle with

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getting my zoning change and i didn't know all these years i did not know i wasn't

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informed or anything how long have you been in the building i've owned a building for 16 years

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i've been in the building it would be 15 14 years may 5th may 5th it'll be 14 years all right and

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i've been of involved with the community i did book bag drives i also get i employed a lot of

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the youth in the community like i'm really involved i don't have any you're doing wellness issues and

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fitness issues yes right and then you're giving instructions on how to take care of hair too i

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guess what right yes but you don't have you're not having you're not licensed to have a school

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well you know you cannot have a school because it's not yeah i'm not licensed to have a school

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but i am a life goes through the photos goes through the photos okay so that's the back room

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that's a that's an extra entrance so if you walk all the way through the building you can enter out

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that door right so the building has two separate entrants it has that back room and then i also

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submitted a photo of the front of the building um front door and why don't we move the photo stroke

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that's the um bathroom on the first floor right

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that's the first that's the first floor and then it's it's a it's and this has been like

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this for a while the way it's say it again this has been in this situation for a while this yes

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the way it's yes okay and i have tables and chairs too that i pulled up in our store downstairs

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and whatever that's a window right there to harrow street i took another picture and

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and uploaded it and sent it to you guys

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that's the bathroom in the basement okay i don't plan to use the basement too much but they told

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me to include it in it to you guys that's in the basement too yes okay and i'm waiting for

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the front door like the front of the building because that was uploaded as well

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but that's the those are the shutters that's the front door that's the first

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entrance of the building the second floor has an apartment yes do you live there yes okay

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so you're coming here for the first the the first floor in the basement

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yes that's what this is of a wellness center and things that nature yes sir

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all right questions from the board i don't see my other pictures that i submitted

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well i think you had the first which are hours of operation well my hours operation

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hours say it again sir a proposed hours of operation um my proposed hours of operation

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i would like to do probably monday through friday like 9 a.m to 10 p.m i wouldn't probably like use

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all that but i was told to like give like a estimate to you guys because i might not need

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all those hours but and then on Saturday and Sunday I was going to do like nine to

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six or nine to seven nine to seven for Saturday and Sunday

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Hillary is there anything relative to the hours of operation and the provisors

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um the RCO didn't mention as a proviso the hours that were stated by the applicant at the hearing

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so okay all right thank you specify they also said something about a trash management yes again

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was not not specific um about you know where trash was stored or anything like that start on the side

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of the building i have two i have two commercial trash cans that i'll pay 500 for and i also have

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a recycling bin so i i keep up with the property i've always has oh okay other questions

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questions from our attorney um not a question just wanted to to note for the record um for

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the board that uh because there are multiple principal uses at this property that that

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was not included on the refusal as a refusal but if the board grants that will be important

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it was not included on the refusal as a refusal but if the board grants that will be incorporated

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okay but today it's just first floor basement um correct okay yes but then it's multiple we're

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ending up with we have to list the times too um it is up to the board but that is typically an

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enforceable provides it's ours operation right questions or comments from the virtual audience

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i see no hands at this time chair planning commission thank you chairman and good morning

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David Vecto with the city planning commission chairman and board members the comprehensive plan

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recommends no change to the rsa5 residential single-family zoning at this location the city

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rezoned this neighborhood in 2014 in accord with recommendations in the comprehensive plan

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at that time this property was zoned cmx2 commercial mixed use the city issued a permit

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in 2009 for personal services and a permanent in 2011 for another commercial use the proposed

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used is in keeping with documented prior use the city planning commission recommends the board

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grant the requested use variants for personal services and other uses described in the

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