civus
Hearing video

ZBA Hearing - February 26, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 26, 20258h 26m

are not in support of this project

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as it currently stands. Thank you.

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Thank you, Pastor. And we did receive

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it your uh rco letter stating that as well is anyone else out in the virtual audience

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yes jarver i mentioned community concerns i have been loaded them they will be joining shortly

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good morning please state your name and spell it for the court reporter

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bonita cummings b-o-n-i-t-a c-u-m-m-i-n-g-s can you hear me we do do you swear without the truth

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We do. Do you swear to the truth, the whole truth, and nothing but the truth?

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the whole truth and nothing but the truth

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I do.

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Please proceed, Ms. Cummings.

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Good morning. I just wanted to also indicate that 2334 North 30th Street was refused by this board.

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So although we may have been a coordinating RCO, many of the matters that are trying to do three and four units have been opposed by the community and was supported by the decision made from the zoning board.

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And that particular property was one that also was denied.

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Right. There was a lot of confusion around drawings and around the refusals because I searched through my documents to find why would we have a refusal that states overlay and then one that has no overlay at all.

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So whatever we received initially, which it appears that I was the story management community concern was the coordinating ROCO, maybe from the beginning, there was no overlay. I mean, there was no rooftop and pilot house mentioned, which then comes back in February as a pilot house and roof deck refusal.

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So we were initially asking for a continuance because we wanted to have clean documents that indicate exactly what was going on with this property.

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So the residents that attended in the meeting were adamantly opposed to definitely three units.

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uh the several of the nearest neighbors wanted to replace the block with what was there which

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was a single family property where the property is situated it's is is a disharmony to throw

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apartment buildings in the middle of blocks so you have this uh density that you're creating

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in in the middle of a block where many residents from a property is coming out onto the sidewalk

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In terms of what we saw, the layout, we talked about this in the meeting, was the seven-foot ceilings, and the attorney thought that was really great height, and we explained to him that that was relatively low, particularly in considering any basement living.

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So the community for that block is interested in maintaining their RSA 5 status with this particular property.

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And there is no demonstrated hardship here that it needs to be anything else.

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And the way these properties are situated, they are porch properties.

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So anything below that porch would definitely be subjected to very low or no natural light or quality airflow.

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So there was support for maintaining RSA 5.

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There was conversation about the consideration of multifamily, but definitely no three-story, no three units would be acceptable for this block.

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Thank you, Ms. Cummins.

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And we received everything with inside of the RCO letter as well.

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Thank you.

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Sorry, Mr. Chair.

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I just had one additional question for Mr. Ucta.

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can you affirm

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that the property was posted for the hearing

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today

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you're on mute

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yes

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okay thank you

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I believe we have one more person

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with their hand raised

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in the virtual audience

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Elizabeth Fester Bass

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had their hand raised

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they will be rejoining shortly

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okay

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counsel you about to say something

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No, this is where Shabazz is the owner of the property next to this property.

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I just want to ask Sabrina for it.

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Sure.

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Shabazz?

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Good morning.

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Can you state your name and spell it for the court reporter?

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I'm sure they may be having a technical difficulties on their end, because they're unmuted, can't

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but can't hear anything going on to the other end

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hear anything going on to the other end.

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okay let me try to give them a little bit more time

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so it seems like they're having some technical difficulties uh council is anything else you

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want to say before we move on to the planning commission um yeah so i pretty much just want

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say that we spoke to the adjacent property owner and they were in agreement with the property

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being built as is as long as we comply with overlay um and we do have their support um

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because the property owner will be most affected by the development um and that concludes my part

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thank you council planning commission

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

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RSA 5 residential single-family zoning at this location. The proposed use matches the character

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of the majority of the homes on the block face. Planning Commission are aware that there are at

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least seven two-family properties on the block face, although the appellant has not shown

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that three-family is the least minimum and not an overuse of the property. Additionally,

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the appellant has not demonstrated that there are unique physical circumstances or conditions

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of the property that prevent it from being used in conformance with the zoning code for roof decks.

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The Planning Commission recommends the board grant the requested variance for multifamily with proviso, max two units, but deny the requested variance for roof deck.

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Thank you. So we're going to hold this case, counsel, and of course, we're still waiting.

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We're going to take this to executive session, but we're going to be waiting for proof of photos for our records as we deliberate.

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And we should be able to vote on this next Wednesday at 930.

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Thank you.

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thank you council

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number five

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MI-2024-003

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974

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1525

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Wyoming Avenue

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Natequa

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Goodwin

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is the

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pro say

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or tenant

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okay vice chair

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we're joining the panelists

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as a panel shortly.

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Thank you.

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Good morning.

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Please state your name and spell it for the court reporter.

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This is

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Natequa Goodwin, N-A-T-I-K-W-A

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last name Goodwin

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V-O-O-D-W-I-N

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Do you swear to tell the truth,

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the whole truth, and nothing but the truth?

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I do.

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Can you please share your screen?

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Um

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Hold on a second.

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You have to turn your video on. You have to turn your video on before you can present.

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All right. Board Member Graham has a few questions.

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Mr. Chair, I can read the referral into the record before we do that. This application is

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for use as a takeout restaurant on the ground floor level of an existing structure. As one

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referral a takeout restaurant requires special exception approval and the cmx2 zoning district

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thank you great good morning have you emailed all the required documents and exhibits needed

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to proceed with this case five days prior to this hearing um so i'm just a little confused am i

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supposed to be preventing presenting or the owners so you as a tenant uh should be presenting some of

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this and then if who was the actual applicant i believe it was um it can so

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yeah either you yes either you or the owner can present but but only you or the owner can present

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so one of you needs to be able to to come on and put on uh and uh explain to the board what

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you're requesting today and show your documents okay um i'm sorry if you're driving we asked that

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you would pull over? Yeah, I'm pulled over now.

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I'm not driving anymore. Thank you.

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Is Mr. Pichardo in the audience?

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I see it.

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Jerry Oroza had their hand raised.

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They've been allowed to speak.

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Is that the property owner, Ms. Goodwin?

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Yes. Okay, thank you.

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Okay, they'll be promoted shortly.

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Please accept the

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invitation to become panelists.

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so okay so i guess jerry will do the presenting yes all right so you don't have to share your

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screen okay yeah i'll be coming back in mr chair good morning good morning um i'm giselle

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I'm Giselle Lozada, and Jerry Arosa is next to me, so I would be speaking on his behalf if I can.

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Lozada and Jerry Arroz is next to me, so I will be speaking.

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You can't do that.

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Okay.

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Well, give me one second.

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He can present as the owner of the property.

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Okay, because I submitted all the paperwork.

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I'm his wife.

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I'm sorry.

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I submitted all the paperwork.

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His English is not, like, the greatest, so.

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Well, ma'am, if he needs an interpreter, that's something you have to request in advance from us.

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Yeah, I didn't know that.

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and family interpret.

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Okay, well, he can speak.

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I'll just pull up the

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I'll share the computer.

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You can share the screen, but he needs to speak as the property

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owner. Or alternatively,

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the

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tenant, she is also

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able to speak as well.

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She can speak. I just have all the documents

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that I submitted

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five days prior.

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So I'm not sure

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if she has those documents.

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Ms. Goodwin, would you be able

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to speak if the documents

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are presented by somebody else?

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Yes.

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Why don't we have you do that?

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Are you prepared to do that now or

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do we need to come back to you?

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They can share the screen now and I can

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speak over everything.

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Let us finish swearing you

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in then.

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Okay.

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Remember Grant?

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Oh, you did swearing, right?

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Yes.

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okay so you're good okay the screen is up okay so this here is um we're looking at our lease

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that we signed back in july okay you have the lease you need to see the refusal

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and tax clearance and some photos.

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Can you tell us exactly what you're trying to do?

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So basically, the building,

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I'm trying to make it a takeout restaurant.

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Yeah.

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Trying to make it a takeout restaurant now.

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It's done for just cold storage.

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so i'm trying to be able to be able to cook hot food on the stove on the oven um and sell

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plan on having a hood range in the building say that one more time do you plan on having

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a hood range in the building for a commercial kitchen yes okay um so we do see your rco letter

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from the 13th Ward, do you have

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additional photos of the actual property

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and the area in which you plan on working it?

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Yes.

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So this is the outside

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of the property here.

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this is from the front end of the outside of the property

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it has two entrances another side view

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this is the inside of the property like the kitchen area

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this is the front area of the property before you get to the kitchen where the

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customers would be and um so can you go back to that other photo i see the prep station but we

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don't see okay you got a prep station wash the washing station yeah you have a hood

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yes

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oh sorry

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yeah

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this is another angle of the kitchen

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This is going to be all takeout, correct?

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Yes.

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