civus
Hearing video

ZBA Hearing - June 17, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jun 17, 20267h 2m

Ryan McAdams, my vote is yes with Proviso.

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Chairman, it should be with the Proviso first or only.

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Okay, do the vote over?

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Sure.

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Why not?

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MI 2026, 000223, 1528 North Dayton Street.

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I vote yes with Proviso.

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temporary variance that will expire 6 18 2029 and first floor only thank you

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michael johns my vote is yes with proviso

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cheryl gaston my vote is yes with proviso tenetta graham my vote is yes with proviso ryan mcadams my

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ryan mcadams my vote is yes with proviso

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is yes with proviso.

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okay number 14 mi 20 26 00 00 90 16 15 to 17 mckean street eric carroll is the attorney

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they're being promoted to panelists okay

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Good morning, panel.

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Good morning, counsel.

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Could you please state your name and spell it for the stenographer?

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Sure.

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Eric, E-R-I-C, Carroll, C-A-R-R-O-L-L.

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Right.

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

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I do.

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Counsel, could you identify your client, the relationship to this property?

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Sure.

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My client, the applicant, is 1615 Auto, LLC.

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That is the entity that owns the property.

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and bethany asplund one of the members of that llc should be in the audience

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okay our vice chair has a few questions for you good morning have you submitted your documents

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and exhibits five days in advance of this hearing yes i have and do you waive the reading of the

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refer results to play to its accuracy i do okay all right thank you you can see your screen to

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proceed thank you okay this property that brings us here today is 16 15 to 17 mckean street uh

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that's on mckean street between 16th and 17th obviously but more specifically between the

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small streets of chadwick and bancroft street uh this is a property that is zoned i2 um

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this is what the property looks like as we sit here today in the past

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it has been used on the first floor as a body shop and a lot of the properties on this block

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are very similar and have had similar historical uses however the nature of the neighborhood is

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is changing there's a lot more residential there's a lot more retail and restaurants

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and we are seeking a variance today for the use of a restaurant as opposed to

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the use by right which would be some sort of industrial use like auto body repair and maintenance

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this building it's a 4946 square foot building there are two residential units on the second

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floor. We were actually here a few years ago getting a use variance in place for that

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residential use. That variance was granted. The residential apartments are being rented out

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currently. My client now intends to put a restaurant on the first floor called El

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Mechanico, which will be an Italian restaurant. Then the Italian word El Mechanico is a nod to

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the to the building's historical use uh in our documents that were previously submitted i had

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the refusal as you can see um the application was for a sit-down restaurant in an existing attached

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structure in the same building with all the uses as previously approved uh that is prohibited in

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this zoning district which is i2 we are seeking again seeking a variance for the restaurant sit

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down restaurant use i submitted the application for appeal

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project information form the deed uh date of january 25th showing that my client 1615 auto

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is now the owner of the property um we have the uh document showing a zero tax balance on the

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property we met with the point breeze community development coalition back in may um

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they voted unanimously there was only three votes three people present but they voted three nothing

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in support of our project we've also included the notice was sent out and the certificate of mailing

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to 153 addresses in the immediate area. This is the view from McKean Street. And then this is the

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view from Bancroft Street. You can see from McKean Street, there is a garage, a roll-up

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garage door in the center. To the left or to the west of the property, there is a door that leads

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to the stairwell that goes up to the two residential units. This is the view from

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residential units. This is the view from Bankrupt Street. You can see there's another side door

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Bankrupt Street you can see there's another site

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that goes directly into the first floor, into what was the garage. And then all the way to the

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north or to the right, there's another roll-up door. These are the Notice of Zoning Appeal

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posters that were posted on both sides of the property. This is what the interior currently

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looks like. You can see the remnants of the auto body. That has not been in operation for about

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four or five years or so um but this is looking from mckean street towards the back of the

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property so to the north and then this is looking from the opposite direction from the back of the

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from the north of the property down to mckean street

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uh the area the square footage of this first floor is about 2500 square feet

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what we want to put here instead of that garage is depicted here in these plans

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just blow this up a little bit so

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the plans to the right are the first floor as it exists now which essentially is just a vacant

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space but what my client wants to put in there is this restaurant so as i said the apartment

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entry is through that door to the left or to the west of the property um this would be the front

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entrance from McKean Street. There's a dining area. There would be a bar to the left. And as

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you go towards the back is where the kitchen would be to the left, restrooms in the northeast corner.

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There would be a trash storage area, an enclosed trash storage area in the northwest corner

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of this property. Trash service would be as often as needed. There's a brew pub just across the

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street that may be instructive on the trash delivery. My client intends to have the trash

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out in the morning or as much as service levels require. Hours would be, this is primarily going

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to be a restaurant, not a bar. There is a bar, but the main function is as a restaurant. Hours

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would be closed on Mondays and Tuesdays, open Wednesdays and Thursdays, 4 to 10, Fridays and

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Saturdays, 4 to 12, and then Sunday from 12 to 10. So this is not going to be a late night

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operation. So we feel that this use would be beneficial to the neighborhood. The Point

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Breeze Coalition agreed with us. It's just completely impractical at this point in time

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in 2026, given the nature of this neighborhood, for this to be an I2 use. Certainly, I don't

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think any of the neighbors want another auto body shop or vehicle maintenance shop going in in the

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middle of this block which is which is largely surrounded by residential so we ask your support

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um again i have my client here bethany asplund the member of 1615 auto um i can bring her on

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unless the board has any questions well why don't you bring her on and then we'll have questions

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Bethany, can you raise your hand, please?

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They're being promoted to panelists. Thank you.

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Hi. Could you please state your name and spell for the stenographer?

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Bethany Asplund, B-E-T-H-A-N-Y, last name A-S-P-L-U-N-D-H.

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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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Counsel?

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Thank you.

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Ms. Asplund, you are a member of 1615 Auto LLC, is that correct?

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I am.

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Okay.

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And were you present on the Zoom and listening to my presentation?

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Yes.

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okay uh did you hear all of it i heard the whole thing yes i've been on it for hours

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to your knowledge was everything accurate and truthful yes okay if you were to testify

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here this morning would you adopt my testimony as your own precisely okay thank you miss esplan

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council do you um could you show the venting how are you going to vent it

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um there would be a you're talking about like in terms of a hood

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Well, you've got to vent it somewhere, right?

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Is it going to the roof or?

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Yeah, so the, hold on, let me bring the plans back up.

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Sure, thanks.

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Okay, so the kitchen, as you can see, is in the northwest corner of the property with the stove and the flat top to the left.

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We're going to have to rework some of the HVAC here, but it will go straight up through the.

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we're going to have to rework some some of the hvac here but it will go straight up uh through

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through the through through the uh through the ceiling i i'm like beth is that accurate or is it

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the hvac gonna go the other way can i chime in absolutely okay so we're currently working with

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a a kitchen designer to get this right um because the um the stove needs to be vented

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all the way up to the to the sky so what we're probably going to do is move the stove over to

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the back wall sort of where it says storage area right now making it easier to go out to the wall

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and then up as as required so because we can't go through people's homes and that's what's directly

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above us okay so they are the units above i'm sorry are the units are is the you said they're

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tuning two units above correct this and they're occupied they are awaiting occupation we are

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currently getting them occupied we there was a hold up with figuring out the hvac side okay

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Well, then I think there's an opportunity that you have here to vent completely up through the roof and avoid having a vent through the face of the building, which is, one, unsightly, and it looks like you're trying to do something really nice here.

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And it's just a better situation for the exhaust just to go straight up instead of trying to go out in front of the building.

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um so that's my comment on that can you zoom into more of the plan absolutely any particular

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portion no i just want to see the whole i just want to see the whole okay um

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zoom out so we can see the whole oh zoom out yeah yeah and you talked about the the trash

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and and so there'll be um uh seating outside of the restaurant too on the pavement

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so that's uh extremely uh how can i say temporary we're just gonna have folding chairs and folding

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tables that on the most beautiful days we can uh just put out there we had a discussion with

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the neighborhood about their wants and needs around that um and so we're going to be respectful

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and not put anything permanent or large or sidewalk blocking out there the rco's concern

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was the sidewalk blocking as ms aspland said and then we if there is anything out there temporary

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it would just be these two tops uh rather than anything larger that would cut into the sidewalk

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mr johns you're muted yeah yeah yep that's fine the questions yes um i don't see where are the

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tables going to be you said this is going to be mainly a restaurant but I only see the bar set up

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and I'm not seeing where the so that would be in this in this 550 square foot dining area in the

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middle okay so do you have any idea of how many seats you're planning to have

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do you know the answer to that um we do not currently have an exact number but uh what

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will fit in that area which i'm i'm assuming at max is going to be about 60 people sitting

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at tables maximum 50 probably okay all right and then um so you're going to be converting

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a space that's been used for industrial use shall we say here so do you have um the water kind of

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connections that you need so that you can uh do the um well the health department is going to want

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to of course lay out your kitchen and as part of that they were going to want you to have like a

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three-bay sink for washing, rinsing, sanitizing, so you have that kind of capability?

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Is that what I'm seeing in here or isn't it there yet? And what about drains and things like that

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for the restaurant space? So we have not put any

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funds into actually developing the space until we receive zoning but of course the plumbing

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will be plumbed as as per code yes and then and and I guess the

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It's going to have to be. Yes. And then, and I guess the question is the same for the

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restrooms, which I see here. They exist already? Are you going to convert them? How is that

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going to work?

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These are the restrooms that we have designed to be actually better than code. We're required

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to have two unisex bathrooms we have chosen to have two three total one ada compliant

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okay and then what are you gonna do with these roll-up doors that's my question okay yeah you

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got the roll-up door in the front and you have a roll-up door down the street here on this side

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here to the right so how is how is that gonna work in terms of you know access to the property and

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I guess the comfort of the patrons because you know I'm not sure what kind of um

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yeah I mean are you gonna be trying to open this up when the weather is nice or what are you

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what are you planning to do with these roll-up doors yeah that's a good

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question currently the plan is to replace them with aesthetically pleasing

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doors which are also insulated but maybe with windows in them and with man doors

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in them that maybe can be open on a beautiful day we are currently I so I'm

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doing this business with three of my sons and so we're uh we're currently discussing the pros and

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cons of of that it's there's something really cool about you know on a gorgeous 70 degree day

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opening up and having everybody sort of open and like a block party feeling um and we we just need

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to discuss the re the reality of that and and the feasibility and okay so this is my last question

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and i maybe i should have asked this in the first place have you ever run a restaurant before yes

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my uh second son who was in business with us uh owned um a spot up in fishtown a three floor

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restaurant bar okay so there's some experience among the group as to running a restaurant okay

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well i raised i raised boys that count yeah no it yes there's some experience all right okay thank

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you any other thank you questions from our attorney uh thank you mr chairman um if there is going to

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be a vote in favor there should be a proviso limiting the use to the first floor questions

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or comments from the virtual audience no hands at this time chair any commission

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thank you chair the comprehensive plan recommends a zoning map change from excuse me to rm1

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residential multifamily the appellant has not shown that the property cannot be used in strict

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conformity with the zoning code and that a variance is therefore necessary to enable the

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viable economic use of the property city planning commission recommends that the zoning board deny

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the variance mi 2026 000 90 16 15 to 17 mckean street i vote yes with proviso limited use to

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first floor michael johns my vote is yes with proviso cheryl gaston my booty shots with proviso

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tenetta graham my vote is yes proviso ryan mcadams my vote is yes with proviso

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here mr chairman i think we should go back to jermaine thank you thank you thank you

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jermaine yes here you go um you've been sworn before sworn already right yes i have been all

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right and we're computers good right sounds good our vice chair has a few questions for

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you, Sarah. Could you identify your client first again? Eduardo Rivera. Okay. All right. And our

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vice chair has a few questions. Good morning. Have you submitted your documents and exhibits five

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days in advance of this hearing? I have. And do you waive the reading of the refusal and stipulate

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to its accuracy? Yes, I do. Okay. Thank you. You can share your screen and proceed. Thank you.

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yes i do okay thank you you can share your screen and proceed thank you

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all right uh good afternoon uh again my name is jermaine harris and we are here for the

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legalization of a security gate in the rear yard of an existing single family so this is a lot

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that well this is a house with a very large lot this is it right here and this is the lot on the

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side now this is the front view this is the posting of the zoning hearing and

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there's another picture of the front the lot size is about 4,500 square feet

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which is a pretty unusual size for this particular area and what we have here is

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the rear of the property and the aforementioned security gate. It is 7 feet tall at where

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I'm pointing at and the top part that I have the cursor on is 11 feet. Now this would have

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been permitted by right uh if it was six feet but because it's seven feet that is where there is the

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issue now the reason why this was uh erected is because my client uses this is a view from the

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