civus
Hearing video

ZBA Hearing - April 22, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 22, 20267h 16m

yeah so that's the property yes that's the property on the left-hand side next to that

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small window that's the doorway for the first floor right and if you go to the corner right

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above that um a red truck um that's the um enter the doorway for the second floor all right two

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separate doorways okay that's the hallway on the second floor okay

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bathroom second floor bathroom that's yours yes

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those are all the additional photos that were uploaded

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just just the bathroom and the picture outside is that what you had in

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yes sir that's correct well i saw the picture where there was like eight of them for the

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internal yeah i saw that on him yeah they do the eight internal ones can you bring them up at all

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there I'm not seeing any additional photos that have been uploaded here this is this is what we've

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Okay, so I think what we're probably going to do here is we're going to finish hearing the case, and then what we'll do is we'll, I'm thinking about closing it, and then, and then we'll just for documents.

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So, we'll do a resumption. Right, right. Okay. We could do, we could do a resumption. Okay. So why don't, go ahead. I'm listening. He says he can't bring it up. What I'm saying to you is, why don't we do this?

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I have a date here. I can give you a resumptive hearing. You'll come back with your attorney and then have photos that we can readily see and understand and things like that. Right. Well, I do have some right with me.

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No, we need to have it submitted. I'm sorry about that, but we need to have that submitted. OK, if I submitted today, I'm good. Why don't you wait before you leave? See the staff. OK.

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Okay, so what we're going to do is we're going to have a resumptive hearing July 7th at 9.30 a.m.

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Okay?

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Thank you.

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And then just have all your things together and we'll get you straight.

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Thank you.

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All right.

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We're going to go to number three.

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Number four.

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Let's see here.

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Number five.

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mi2025-003-565 2038 south 4th street bon hang is the owner

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there's a recommendations of support from dickinson square west and also a letter of

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of non-opposition from Council Member Squillett.

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Do we see the individual?

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oh i'm sorry i'm looking here for you morning could we please state your name and spell for

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this doctor uh yes sir my name is bond hang uh spelled b-o-n-h-e-n-g right do you swear or affirm

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to tell the truth the whole truth nothing but the truth yes sir uh this is for the erection

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of a third floor edition right whereas the uh proposed two-family household living is prohibited

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in the cmx1 zoning district and the roof has a maximum height of five feet from entrance

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entrance to the rear, whereas there is no, um, proposed, uh, setback for both the roof and the, and the, um, um, property in the front.

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to the rear whereas there is no

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Does that understand that? Okay. Um, our vice chair has just a few questions for you.

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Hi, good morning. Have you submitted your documents and exhibits five days in advance of this hearing?

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Yes, ma'am. Okay. And the chair read your refusal. So did you stipulate to its accuracy?

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yes ma'am okay all right thank you you can show your screen and tell us what you're about to do

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so uh the screen I think I uh click the option that okay staff assistant sure Ian do you have

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that it's up yeah okay all right so that's where you put your uh right yes sir all right

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this is the property here yes sir all right this is um 2038 south fourth street and why

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you tell us real quick what you're doing before we look so we understand it your words oh yes sir

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uh the property has been uh like um i guess vacant for the last maybe 10 years i purchased

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it from um the the owner it used to be a dental office and um i want to uh you know add a third

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floor and then to make it a two family and have a roof deck um on there sir

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so am i looking at a two-story building now yes sir so you'll put a third floor

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and then you want to put a roof deck on top of the third yes sir okay all right why don't you

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go through your photos this is the exterior on the fourth street side i think this photo is just

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showing that I posted the zoning hearing the notice of appeal yep I guess move on in please okay

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a close-up of it this is the view from the Snyder side Snyder Avenue Snyder Avenue yes from the

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4th and Snyder? Yep.

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This is the

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drawing for the

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proposed

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So why don't you explain what we're looking at?

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I think maybe go down

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more to see a side view

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Okay, okay.

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This is the design of the drawing.

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The first floor will be like

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an office

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space retail

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maybe insurance um office and then the second and the third floor is just a one bedroom apartment

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and then a deck on top of the third floor yes sir

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okay um what do you explain is that tell us where your first floor is the first floor is

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that one to the right the third folder to the right right there yes uh it'll just have like

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couple desks a reception and um the exit that's the commercial yes sir all right it's almost

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identical to what it was before as the dental office right except you put a third floor yes

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sir all right so then the second floor tell us about your second the second floor um is identical

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to the first floor it's just a one-bedroom apartment you know i think that the roof is

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really uh bad now and when uh we were looking at it with the architect we were hoping that we can

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add a third floor because the the roof is uh well you know we'll go down anyway right all right so

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the next one is the third floor yes the third floor and the second floor is exactly identical

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okay one bedroom apartment yes sir all right and then the last one is your rooftop deck yes sir

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all right is there many third floor apart units around your area yes uh uh right across the street

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there's two two of them um two third floor units yes and then on this uh five five doors down from

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uh fourth street i think 2026 south wall street that's a three story too so should you why don't

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you tell us how you get into the apartments i see where you get into the first commercial yes sir

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that was how you get the apartments oh yes sir uh um if you can go down sir um mr ian oh yes sir

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so that that is uh the side view um to get into the apartment it'll have exterior metal uh stairs

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that'll take you to the second floor and the second and third floor have uh interior stairs

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that they both share okay about stairs from the second third to the roof and the deck is only for

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the third floor yes sir okay questions from the board where is trash stored for the units and the

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business uh it's stored on the first floor that interior storage for yes interior storage or so

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where does the second i mean well i guess the third floor you know where is their trash is

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their interior trash storage or where are they putting their trash uh i think that regular there's

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uh I think that regular there's a second floor uh like like on top of the second floor there's a

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little uh like extended um area where they can put the uh yes yes it's a little deck outside

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on the second floor I think that um the picture below that one will show that one so that that

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extended area yes right there uh so that area would be for the second floor and the third yes

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second and third floor to put the trash i'm sorry about that oh felt shy yes yes outside

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there's no access from that third floor unit to that to that deck you have to go through

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the second floor unit yes there's a common stairwell uh to go but how do you how does

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the second floor get to the outside to put their trash out on the top of that deck go back to your

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floor plan please when your second floor from your stairwell you have to go into the unit to

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go out to that deck see where the 2.9 is and the 2.8 oh yes the door into the unit and 2.9 is the

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door to the to the balcony so the third floor can't put their trash out on that deck

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okay i understand sir so you'd have to store in the third floor itself right yes um right yes sir

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and where do you where do you think you'd store that in the third floor

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i i i i i'm not i don't know the the rules and stuff but maybe we can leave it on the

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trash closet or something like that oh yes sir

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um maybe you can install trust closets or into the each floor yeah that says she gave

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you a pretty good suggestion other questions from the board

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is the plan to rent the the first floor is going to have access to the basement correct yes ma'am

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and what's the use in the basement nothing no just a utility

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other questions

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questions from our attorney

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no questions at this time questions or comments from the virtual audience or the current audience

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no hands chair planning commission

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good morning chair jonathan goins planning commission staff this property was remapped

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from commercial mixed use two cmx two to commercial mixed use one cmx one in 2019

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as part of a local down zoning per district plan recommendations however given the location on

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Snyder Avenue, the context of nearby multifamily housing, and the historical mixed use of the

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property. The City Planning Commission recommends that the board grant the use variants for multiple

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units. However, we also recommend that the board deny the dimensional variants for a roof deck

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setback. Great. Thank you. MI 2025-003-565-2038 South 4th Street, I vote yes.

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Michael Johnson. My vote is yes. Oh, all of them are just the.

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Superior trash storage for the 2nd and 3rd floor.

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Michael Johnson, my vote is yes with proviso.

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My vote is yes with proviso.

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Tana Graham, my vote is yes with proviso.

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Tywin McAdams, my vote is yes with proviso.

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Tywin, my vote is yes with proviso.

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thank you guys thank you so much thank you

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number four mi 2025

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zero zero three five six four forty nine forty one frankfurt avenue zenjin is the attorney

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there's a letter of support from frankfurt

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action committee and also a letter of non-opposition from council member lozada

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then jim will be joining as the panelists

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good morning

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

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yes my name is zen jen z-h-e-n last name j-i-n do you swear or affirm to tell the truth the

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whole truth and don't think about the truth i do counsel could you identify your client

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i do counsel could you identify your client the relationship to the property

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the relationship to the property

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yes uh my client is mr sims who is also the owner of the property okay and our vice chair

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has a few questions for you good morning have you submitted your documents and exhibits five

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days in advance of this hearing we did initially and supplemented some interior photos late last

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night yes and so this is a referral so did you waive the reading of the referral and stipulate

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to its accuracy i do okay all right thank you you can show your screen and proceed with the kicks

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thank you i'm going to share with the board what was previously submitted with the uh

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also the updated information

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it should be coming up on the screen

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can the board see my presentation on their screen

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yes thank you so good afternoon good morning this is a special exception application for

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4951 frankfurt avenue this is a referral because it is in the cmx2 district but a takeout restaurant

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requires a special exception in the cmx2 zoning district we have actually met with the frankfurt

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NAC RCO, Neighborhood Advisory Committee, and they were in support. This application came about

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because my client currently has his restaurant at a property that is leased and about two,

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three doors away from where he is hoping to move the restaurant to, which is the property in

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question today this property was purchased by my client so he is running out of time on his lease

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he has an existing restaurant that is the same exact restaurant that's going to be moved to this

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location which the community is aware of and has been in operation for quite a few years as a

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takeout restaurant they've had no issues with the restaurant so the moving the moving of the

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restaurant from one location to the other would not change its impact on the neighborhood uh it

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would still have its uh trash stored in the back picked up from behind uh there would be no trash

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in the front and the space would be laid out basically similar to how it is now in existence

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a few uh a few doors down now we have photos here both of the uh of the new building uh you can

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actually see uh this this is the restaurant this is across the street uh the current building uh

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i'm sorry this is the haircut salon that it was in the space when he purchased it the building's

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currently vacant so there will be renovations done to update uh this current vacant commercial space

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there is a uh there are residential units above that were pre-existing that'll be

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maintained as it was before there's no change to that aspect the plans is to have the renovation

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done let me zoom out so the plans can be more easily viewed

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the plans it is to change again the space into a restaurant and to keep the existing

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residential units above uh the primary change will be to the restaurant the residential units

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existed they're basically going to stay the way they are we're going to refit out the current

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vacant space into the takeout restaurant that's basically a few doors down there'll be a waiting

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area in the front counter and primarily it'll be storage kitchen in the back for service preparation

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and then service of food there's no plans to really have customers eating in the restaurant

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it's predominantly takeout and will be served on takeout where the seats are provided for customers

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to wait when the food is being prepared the menu is a it's a Jamaican style restaurant and again

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everything's already in operation a few doors down so there's no change to the menu there's

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no real change to the hours of operation. Everything will be based on what is existing

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now in the restaurant. So it'll be generally 10 a.m. to 9 to 10 p.m. on every day. And

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then the service would be from the kitchen and the counter. There's usually four to

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six workers inside that'll be working in the restaurant to serve the food so the community

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The community did not have any issue with this, primarily because it is an existing

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did not have any issue with this uh primarily because it is an existing

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business that has operated for some time, and they do not anticipate that we would cause a

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greater change to the impact of the neighborhood with this relocation of the restaurant. So with

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that, that concludes my presentation. I'm happy to-

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Why don't you explain how you would invent it now?

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So the venting actually will be coming out, it's the same way it's done now,

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it will be coming out the side here with the air air capture on the exterior there's actually a

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space a court type space on the side of the building where the event now for the existing

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restaurant is vented as well why don't you bring your client on sure mr sims can you

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raise your hand virtually to be identified?

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They have been promoted.

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Good morning, sir.

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Please unmute so you can speak.

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mr sims can you please unmute yourself

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

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you're muted again

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are you hearing me now yes could you please state your name and spell

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for the stenographer yes my name is itafa sims spell i t a f h w a itafa sims s i m m s sims

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swear or affirm to tell the truth the whole truth and nothing but the truth yes i do counsel yeah

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thank you uh good morning mr sims did you see my presentation on your screen and hear my

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representation to the zoning board yes i did uh can you verify what i have represented to

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