civus
Hearing video

ZBA Hearing - November 3, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 3, 20206h 16m

There was a, on the refusal, you can see that there are mentioned prior case, one of which

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is the denial of a sit-down restaurant, which actually was to relocate lot lines.

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it was trying to make a much bigger restaurant than this particular space, but it was included

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as part of that application. And I think many of the neighbors and even the councilman's office

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still has concern of future attempts to kind of slide in a full service sit-down restaurant.

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Now, my client is looking to operate the bakery here long term. She only wants some seating

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accessory to the bakery use certainly no intent to have a full sit-down restaurant of any sort

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and we're open to any way the board wishes to restrict this because we did agree with the

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councilman's office that if words come to words yes no seating being permitted inside would be

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something my client would accept although i think even a takeout restaurant will allow up to four

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seats accessory to a takeout restaurant type use. So that's the struggle here is to try to make

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sure the community will not have any way to have a sit-down restaurant kind of backdoor into this

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application. Let me ask this question, Mr. Jen, your client has a lease? Yes, my client does have

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a lease. How many years? The lease right now, I believe, is for three or five years. I may want

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to have my client verify that information. 25-month lease presently, but I believe there's

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option to extend as well that's built into the renewal terms. And she's looking to operate

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long term. I'm looking at expires February 28, 2022. So it's less than less than two years left.

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The renewal term here that would apply under the option three

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and would notice she can get option to extend the lease.

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and and i think if i were to put her on her testimony would be that if unless the business

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is failing her intent absolutely is to renew it um one of the suggestions from the community is that

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uh the permit would run unless there's a change in the use away from bakery

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i don't know if that's something that the board can possibly work with as a

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Mr. Jin, would it be possible to state a specific number of seats and provide that they are accessory to the bakery use only?

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We had told the community it would be no more than 15 seats and it would be accessory only to the bakery.

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their concern is that of course i think i can i can understand the limitation on on the seats i

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just don't know how you uh enforce bakery because a lot of things can be baked you can make baked

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lasagna all right i'm not being first it's just bakery i'm not opposing i'm just saying

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i don't know how you just bakery limited to pastries uh yeah i mean i don't i don't know

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how you enforce that.

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We can do the seats and do a temporary

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as it relates to the lease.

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Mr. Jin, is this going to require a significant amount

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of interior renovation?

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It is going to require interior renovation.

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Right now, the level renovation is basically a framed out space.

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Right now, the level renovation

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is basically a framed out space.

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So my client is putting a substantial investment into this.

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I'm scrolling down to the interior photos.

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As you can see, she's going to have to put substantial amount of investment in to make the space and put in the equipment for the baking, among other things.

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So this is not, even though the lease is two years, because when you start a new business, no one can be sure and they don't want to face a 10-year lease amount of potential liability.

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I think if she opens this bakery, this is not intended as just a two-year small.

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So what was the start date of the lease, the current lease?

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Starting date is January of 2020.

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she's been you know you're almost a whole year almost gone all right so it was january 2020

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and expires 20 february 22 i believe yes 25 month lease uh based on the lease but you already lost

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a month that's what i'm saying i mean a year almost you almost lost a year she did yes okay

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all right i didn't mean to interrupt i'm just trying to figure this out okay uh do you have

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anything else to add? Again, I just want to point out the community voted overwhelmingly in favor

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of the bakery. It's this particular issue of the sit-down restaurant possibility that's the

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biggest concern, both from the councilman's office as well as from the community. Mr. Jin, would it

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make a difference if there was a proviso stating no table service so that people would only be

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able to go to the counter and get? Yeah, I think that would not make a difference to my client

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because she believes that the customers will be getting it from the counter

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and taking it just to have a place to sit.

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That's really the intent, just to give them a place to sit,

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not a full-service restaurant at all.

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So if there's no table service,

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that would prevent it from turning into a traditional sit-down restaurant?

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I would agree.

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I would certainly ask my client to also verify if she would agree with that.

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But I think based on our prior conversations, and she is here with us.

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Okay, so why don't we ask her?

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Okay. Tanya, if you could look for Mr. Ms. Madeline Suarez.

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She's available to be sworn in.

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Okay, great.

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Chair?

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Are you there?

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Yep.

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She's available to be sworn in.

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Okay, ma'am. Please identify yourself with a record. Spell your full name.

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i'm madeline suarez that's m-a-d-e-l-i-n-e-s-u-a-r-e-z you're swearing a firm to tell

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the truth the whole truth nothing but the truth yes i do okay you've heard some of our questions

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mr jen yes yes and mr jen you asking them can can i clarify um the lease agreement so the lease

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started as of February the 1st of this year to 2020. The lease was going to be for two years

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and this is a purchase lease to purchase agreement so after the two years I am planning to purchase

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this building. Okay thank you. So Ms. Suarez we have discussed limiting the seating to not permit

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it to be full service it would just be free to your bakery takeout business would that be something

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that you can accept as a limitation under any decision from the zoning board ah yes and it

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would be no more than 15 seats correct no more than 15 uh the intentions are just to have people

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come into the counter and this is like a bake shop complete food service bake shop uh baking

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breads pastries making sandwiches out of the breads that are baked and the seating purpose

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was for people to come in and just have a seat if they want to drink a cup of coffee with their

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pastry just eat that and then go okay so your current lease expires february of 2022 i believe

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so it's two years all right so you've lost a year already okay

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and there will be an option to purchase the property should you have a successful well

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we're gonna we'll do a lease that'll give her enough time and give her the extra year

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because with this pandemic things are changing quite rapidly in the food business so we'll give

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her the extra year if she decides to purchase it before the end of the lease that we're putting in

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then so be it okay um i'm sorry can i just ask a question uh chair yeah were you thinking of a

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temporary yes okay so i was gonna ask sharon if you can jump in typically our agreement with lni is

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Okay, so I was going to ask Sharon if you can jump in. Typically our agreement with L&I is not temporary as if it's extensive work that has to be done inside the property. So I just wanted to pick that out.

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I know I thought of that, but I'm trying to be somewhat helpful here.

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um chair there are i think there is an accepted definition of a bakery um that would limit it to

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bread and pastries and service of coffee with i don't know limited seating and no table service

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that would probably accomplish but again of course your call yeah i hear what you're saying i think

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we're all on the same page here i was just trying to give a little bit of uh uh extra time for the

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applicant in the event that you know again because of the pandemic a lot of this this stuff may get

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shut down again hopefully not but we're heading in that direction so i think i'm getting the

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understanding from sharon that if if it's not restricted in time if we're restricting it to

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the bakery use with accessory seating only, no full service, we would accomplish the full

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intent. The community wanted a restriction on time, mainly again because of the concern

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with future sit-down restaurant. All right, why don't we do this? Okay, your client adopted

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your testimony, I believe. Ms. Suarez, you heard my presentation to the board and the facts as

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presented. Can you verify that they're true and correct and adopted as your own testimony?

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Yes. Thank you. Thank you. So I'm going to ask the board if there are any questions.

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No? No. And Sharon, if you could, I'm going to ask, does anyone else have any,

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would like to speak on this case? Please raise your hand. Here I have Sandra. Sandra,

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you can unmute yourself and wait to be sworn. Good afternoon, Ms. Sykes, I believe it is.

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That's correct. Now, please spell your first and last name and provide us with your address.

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My name is Sandra Sykes. My first name is S-A-N-D-R-A. My last name is Sykes, S-Y-K-E-S.

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I live at 15013 Endicott Street. Are you swearing to tell the truth, the whole truth,

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nothing but the truth? I do. Thank you. Please proceed. Hi. I was involved with the last

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restaurant that was asking for a variance at this. This corner is located at Somerton Youth

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Sports Field. It has a pizza place and it has a deli and it now has the two buildings that you

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were talking about before were supposed to be merged together for a sit-down restaurant

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which we came in front of the zoning board for and it was turned down because we do not have

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the parking on this street. There is no parking lot, and this corner already has a parking issue.

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So we did not want a sit-down restaurant because the additional pressure this would place on it.

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To have somebody come in and pick up an item and leave is one thing, but to sit and have 15 people

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sitting there. We already have a hairdresser that's there that gets hair straightening where

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they can sit there for two hours, we have a pizza place, and we have a deli, and no parking.

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And then Somerton Youth when the sports fields go on. So that's why we requested no sit-down

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restaurant. I also personally have an issue concerning the light industrial, just because

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I don't know what it would open that up to. And I don't understand why you can do a limited food

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establishment that does not require a light industrial, I believe, it can actually be

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done out of the home. So they're my concerns. Thank you. I'm sorry, I'm sorry. We also did

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talk to, we were trying to get a meeting together to be able to talk about this

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with Somerton Civic, with just the immediate residents, because we do get parked in

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constantly into our driveways.

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I'm a little confused.

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You said you were trying to have another meeting.

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There was already a community meeting, wasn't there?

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There was an online.

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And we were trying to see if we could get together

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with just the immediate neighbors.

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Mr. Jen, it sounds to me like

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there might be some opportunity

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to get some folks behind

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some of the things we talked about?

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So I think

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So I think I think the issue here is part of the parking issue I understand was brought up.

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the issue here is

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part of the

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I believe it was addressed also in the community letter. Again if so what it sounds like to me

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ultimately again it's considered the light industrial we have explained to the community

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multiple times that it is triggered because we're creating pastries on site. It triggers

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that light industrial designation because you're making something. Even though it's not,

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she would have ovens and flour because you're making it from raw materials. It triggers a

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light industrial. But again, it will be limited purely to the bakery use. It's not a light

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industrial that's going to allow in instantly other light industrial uses.

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So we actually did have sets of questions that we responded to through the community.

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I actually did a video presentation that was actually left on their site for I believe

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over a week or two weeks for people to have feedback.

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So it was actually pretty extensive discussions.

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I understand Ms. Sykes' request is for an in-person meeting, which did come, I believe, just last week.

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We were told by the council office's representative that that might be something.

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And then the community RCO representative apparently felt that another round of questions may be able to resolve it.

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That's why we're here today with both letters from the community as well as from the councilman's office.

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right and again that letter from the councilman's office stated what no seating their main concerns

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is seating correct and again if if that is um something that the board is also uh entertaining

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if this would resolve the concerns for the neighbors i have spoken with my client i think

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we can accept that to move this forward because she's again been delayed uh quite extensively so

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far and you know given the current situation uh moving this forward is critical to her

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success as a business in the future so no seating would be this is this is sharon again the i can

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quote from the council councilman's letter it is quote indoor seating is removed and industrial use

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be exclusive to baking okay okay anyone else like to testify no chair you can proceed

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Planning Commission. Good afternoon, Board Peter Bernard for the Planning Commission.

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This property is indicated for commercial mixed use in the comprehensive plan.

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We do not feel the proposed use will have a negative impact on the surrounding community.

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Accordingly, we have no objection to the granting of the variance.

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Thank you. MI 2020-000302, 15002 Endicott Street. My vote is yes with the following proviso, and correct me if I misspeak. No, indoor seating is not permitted, and industrial use limited to bakery purposes only.

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That's right.

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okay to vote yes supervisor yes thank you thank you okay good luck next one up is mi2020-0015361322

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2 Rockman Street.

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Attorney is Henry Clinton.

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Good evening, Mr. Clinton.

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You're still under oath from earlier today.

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Please identify yourself with a record.

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Good afternoon, Mr. Chairman, members of the board, Henry Clinton, Queen Memorial Building,

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1313 South 33rd Street, Philadelphia PA 1914.

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course. I'm here today on behalf of the applicant. Mr. Clayton, you agree to waive the reading of

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his refusal and stipulate towards accuracy? I do. Have you emailed an exhibit packet with the

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required documents, proof of ownership, proof of tax compliance, copy of the refusal, photos,

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and plans five days prior to this hearing? Yes, I have. Also, have you met with the RCO and have

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a letter? Yes, I do. Thank you. Please proceed. Thank you, Mr. Chairman. I'm still under oath

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from this morning. Yes, you are. Thank you. Ms. Sunke, can I share my screen?

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Sorry, yes, Mr. Clinton.

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Sorry. Yes, Mr. Clinton.

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Thank you.

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I'll just make it larger.

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Mr. Chairman, members of the board, this property is at 1332 Robin Street.

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I attach my presentation binder, exhibits AA through A11.

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My appearance statement, the refusal.

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Refusal concerns two issues.

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One is, this is a request for parking in the front of a new single-family home on a lot that has been a two-car parking, just flat, open lot for at least 30 to 40 years.

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The second refusal concerns are stairs from the rear yard to the second floor, and I will show you that on the plans.

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uh this is my letter of non-opposition from washington square west civic we met with them

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there was some concern about construction staging noise protection of adjacent properties

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