civus
Hearing video

ZBA Hearing - March 5, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Mar 5, 20258h 36m

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

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I do.

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And Mr. Sampson, you're from the RCO, am I correct?

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Yes.

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Please proceed.

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I just want to let you know that with regards to the certificate of mailing, the only thing we received was a copy.

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What's that again, sir?

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With regards to mailing, the only thing we received was a copy of the receipt from the payroll.

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That's acceptable to you.

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Say that one more time.

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We're having a hard time figuring out.

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You're breaking up.

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The only thing that we received

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was a receipt from the post office.

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Okay.

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All right.

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But you did have a meeting, am I correct?

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We did, and there was no opposition.

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Okay.

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All right.

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Thank you.

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Anyone else in the virtual audience?

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I do not see any further answers, Mr. Chair.

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Planning Commission.

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Amy Wood with the Planning Commission.

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the comprehensive plan recommends no change to the existing residential multifamily zoning at

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this location the appellant has demonstrated that there are unique physical conditions or

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circumstances of the property that would prevent it from being used in conformance with the zoning

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code the planning commission recommends that the board grant the requested variances

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for max yard area rear yard area and rear yard setback

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Thank you. MI 2024-004-292-122 South Peach Street, I vote yes.

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Cheryl Gaston, my vote is yes.

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Teneda Graham, my vote is yes.

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Ty Owen, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you. You have your votes.

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And number 17, MI 2024-006-307-141-Roosevelt Boulevard.

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Rakan Alaharani is the owner.

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Mr. Chair, they'll be coming back in as a bench.

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lot. Thank you.

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Good morning. Yes, it's the owner. Good morning. Could you please state your name and spell

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for the stenographer? R-A-K-A-N-L-H-O-O-U-R-A-N-I. Right. Do you swear or affirm to tell the

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truth, the whole truth, nothing but the truth? Yes. Could you please turn your video on?

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Yes, the Vice Chair has a few questions for you, sir.

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Good morning, sir.

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Have you emailed in all the required documents and exhibits as needed and required to proceed with this case five days in advance of this hearing?

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Yes.

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Thank you. You may proceed and share your screen.

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Thank you. You may proceed and share your screen.

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Thank you.

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why don't you start your testimony sir that's diversity um

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we're making what tell us tell us what you're trying to do we make we're trying to make a

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restaurant in the robbery our we have a restaurant next door and we're trying to make a we're trying

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to make a restaurant we're trying to move to this restaurant we're trying to make it nice and good

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can can my brother speak with me guys um we we you are the owner we need your testimony

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okay just take your time i mean just tell us what you want to do with it

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we're trying to have any other photos with it that a little bit better than that so we can

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figure out what what's there true right so so you already have a restaurant next door yes we do have

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you want this to be the this restaurant's going to be a takeout restaurant you have a restaurant

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next door you want this to be a takeout restaurant yes okay um this this the take it this the take

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out area and there is going to be the kitchen and the cook the the all the cooking stuff

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and right here in the back is going to be a fridge and the freezer in the back of it

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right here is going to be the restaurant the back area the bread

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and you're saying you already have a restaurant there yes could you show me a photo of what the

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two restaurants will look like together um the other restaurant it's a different

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you went to the rco and they gave you a letter of support am i correct yes okay

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that's that's is that your current restaurant yes and you want to make that a takeout restaurant

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is that what you're saying yes the other is just going to be in russell bolivar right there

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oh so say that so hold on hold on no no go back

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go back to the original restaurant

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so you have a

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it'll be a restaurant down the street

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and then you're going to put a takeout on the corner

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am I correct

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yes

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you got to show us that please

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I'm sorry guys

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all right so that's brothers pizza is your current restaurant am i right

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yes and then you're going to go past this driveway here keep going slow

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keep going and then on the corner not weighed in short or is it waiting this one on the corner

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yeah that's the way there yes so weight insurances are the one over there i i

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You got to show us where the second restaurant is.

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I don't.

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That's the second restaurant.

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Okay.

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All right.

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And that's right on the boulevard.

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We're just trying to move from there to over here.

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You're going to close the second, the other restaurant.

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Yes, I'm going to close that.

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So you're moving that restaurant to this place here.

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Yes.

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Okay.

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We have enough space right here in the back

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and we had like we got better space to go out and in.

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We got better space

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to go out and in.

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All right.

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Questions from the board.

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Yes.

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Do you currently own the property

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that you're moving the restaurant to?

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Yes.

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And do you reside there as well?

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Yes.

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What's currently occurring

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on that first floor?

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It's going to be a restaurant.

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No, no. What is it right now?

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It's empty. There's nothing in there.

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There's nothing. So you all are residing in, is it a separate apartment?

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Yes.

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And what floor is the apartment on?

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Second floor.

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Second floor.

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Right here.

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And the restaurant is only going to be on the first floor?

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Yes.

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Where are you intending to put the takeout?

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It's going to be inside right here.

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And we're going to go right there.

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why don't you go back to the drawings

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don't you have drawings

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you showed us a little bit

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you showed us drawings why don't you go back to the drawings

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and then how many other residential units

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are in the building

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one

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just one residential unit

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and then are you going to allow

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your customers to utilize

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your residential driveway

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no

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No.

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While you do that, where would your trash be stored?

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Do you plan on having a dumpster back there or just do you have a storage area for trash in the rear?

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There's going to be a dumpster back all the way in the back.

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okay and that and that roll-up door there is that going to be a takeout window or

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how are you going to use they're going to go inside there is a door inside

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okay so what are you doing with that roll-up window there

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on the side which one the this one the one in the front yes um they're gonna be

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it's gonna be a door there was one on the side i thought oh that you showed in the pictures so

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what are you doing with that i think that was one of the other buildings

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that's that one that one there yeah yeah that's the door that's the door to go inside

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the interest

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so they're going to go inside

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from here

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okay and do you have

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any interior pictures

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yes

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of this space can we see those

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yes

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this is the first floor yes this is the first door that's in the back

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okay that's the sides there's the there's the store inside

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there's the door the one um miss miss charity she asked for they gonna go inside from here

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this is the basement that's that's the only pictures i have

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and you're living there now you're saying no i'm not living there no nobody lived there no

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no on the second floor who's living on the second floor nobody it's empty nothing nobody in there

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but you're going to move to the second floor is that what you said no i think you said that

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no no i'm not gonna move there it's gonna be a rent area in the second kitchen in the second

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floor say that again it's gonna be a ring for rent um i should go to run it okay all right

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so who's living on the third floor it's it's only two floors there's only two floors there's a little

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pop-up on the third floor. Got it. Can you go back to the floor plans for a second?

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And when you get to the floor plans, can you point out how does your residential

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tenant get into their unit on this plan okay

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definitely says

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you'll see the pop-up on the top of the

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yeah right yeah

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that's the lot that's that's the lot

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you're gonna want to go inside

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they're gonna go inside here in the back

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where where it says storage

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you see right here it's right here there's a steps there is a steps right here so they can

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yeah and okay so they get it yeah but oh they're going in the egress quarter okay i understand

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so they can go up and down okay and then i just want you to know that your plan states that this

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is a three-story building which is why i asked what's happening on the third story of the building

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well there is a there is a third floor pop-up there mike right it looks like two small rooms

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on the third floor yes it's all right in the roof so that's one combined unit

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second and third floor okay yes and are you doing any construction up there as well

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no no nothing yet nothing yet okay questions from any any other questions from the board

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questions from our attorney

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Hillary Emerson

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I just want to note so the refusal

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only references the restaurant but I think

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it might be helpful if the

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board approves to clarify that the

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restaurant is on the first floor

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with single family household living above

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right okay

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right

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questions or comments from the

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virtual audience

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Mr. Chair, I do not see any further hands for this matter.

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Planning.

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Amy Boyd with the City Planning Commission.

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The comprehensive plan recommends no change in zoning at this location

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from existing commercial mixed use CMX1.

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The appellant has not demonstrated their unique physical conditions

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or circumstances of the property that would prevent it

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from being used in conformance with the zoning code.

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