civus
Hearing video

ZBA Hearing - September 25, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 25, 20248h 45m

the plan that you see on the screen today was worked out in conjunction with the streets

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department and again with PennDOT to take into effect the changes that are eventually going to

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be coming down with Cotman Avenue and again this site has always been used historically as a gas

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station I don't believe that a take five oil change that provides similar services that is

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is that much different and I think it is a good use in this corridor with regards to Cotman and

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And again, I just want to hammer home that the layout that we have here has been after conjunction with both PennDOT and Streets Department to take enough take into consideration the future development of Cotman Avenue and the improvements that the city has planned for it.

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Can I can I ask a question?

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Sure.

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Let's go.

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Planning Commission staff, can you explain what you meant by this doesn't meet the future plans?

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Well, when we mention larger community vision, it means that, you know, the proposals for this area were sort of vented through a community engagement process.

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And the community engagement process sort of indicated that some of the, you know, commercial uses like this would sort of be detrimental, particularly at this intersection.

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And I think that's the critical aspect of this because of its high-volume traffic.

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It does make a very dangerous situation to sort of have multiple curb cuts at that location.

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And clearly, that's something that, you know, was something that the community was aware of.

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So we're just bringing that forward.

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And what types of commercial, what is the vision?

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less or less auto oriented or what so a lot of less well less curb cuts to begin with

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auto already and it can actually be done with not as many um curb cuts at that location making it on

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its safe location um and the larger community vision was to sort of begin to uh move away from

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motto-oriented commercial. Thank you. Mr. Johns, can I just, because I did make this statement in

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my testimony, this used to all, there used to be an opening curb cut here, and there used to be an

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opening curb cut here, and essentially here, as well as down here. We have done exactly what the

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representative from the Planning Commission said, where we have limited the amount of curb cuts

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onto the site. So now there's only two entrances, essentially. I mean, we have to allow access from

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both Cotman and Busselton, and we designed it, as I said, in a way to make sure that it's not

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close to this intersection of Cotman and Busselton, which is what the Philadelphia Streets Department

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and PennDOT wanted us to do. If we look at the existing features, you can see this is the only

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curb cut that we're keeping. We're shortening it. There's an existing curb cut right in the front

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here and over here. And that's what we're eliminating with this landscaping that you see

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here. So to the representative from the Planning Commission's point, we did take into consideration

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less curb cuts and follow exactly what streets and PennDOT wanted us to do. But we have to

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less curb cuts and follow it exactly what streets and PennDOT wanted us to do.

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But we have to allow for some sort of access into the site from both Busselton and Cotman.

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So...

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And this is the safest way that we were able to do that.

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All right. Thank you.

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So MI 2024, 004-469-2250, Cotman.

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I vote yes, with proviso.

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um use limited to oil change fluid fluids air filters and windshield wipers

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michael johns my vote is yes with proviso

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cheryl gaston my vote is yes with proviso

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tanetta graham my vote is yes with proviso ayah win my vote is yes with proviso

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dismal shaheed my vote is yes with proviso thank you counsel

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Thank you very much, everyone. Have a good night.

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Mr. Chair, I just wanted to clarify the wording of the proviso for the record.

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So use limited to oil and fluid changes, air filter changes, and the sale of windshield wipers.

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Yes.

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Just to clarify for the record. Thank you.

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Okay.

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Thank you, everyone.

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Thank you.

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Number 12, MI 2024-004-463-244 South 22nd Street.

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Vernon Anastasio is the attorney.

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there's a letter of non-opposition from the center city residents association with enforceable

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provisos we're coming back in as a panama sir

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good evening mr chair burn i i swore you a couple times this morning right am i right

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Yes, sir.

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Okay, all right.

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Could you just state your name for the record?

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Sure.

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Vern Anastasio, on behalf of Zahara Saeed, the owner of the subject property.

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And our vice chair has a few questions for you.

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Thank you.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I do.

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I've emailed them all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing.

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i have and then augmented them as recently as today no problem thank you please proceed and

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thank you sir

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mr chair members of the board this is a special exception for a coffee shop

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on north 22nd street which is a commercial corridor i've got a 96 page exhibit packet

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due to time i'm not going to go through everything to uh ease your calendar a little bit

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but I do want to get to the more important parts. Pages 87 to 96 are all evidence of

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voluminous support from the area neighborhood. We've got more than six letters individually

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written, emails sent in advance of today's hearing, and of course the letter from CCRA,

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center city residents association as well as signatures from about 30 immediate neighbors

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and i just want to make note of that as well

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oh let's take a look here this is the property in question zone cmx one a very long history

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decades upon decades of commercial use on the first floor as you know the application for a

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coffee shop is already deemed to be consistent with the code, but we have to, in fact, apply

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for this special exception in order to demonstrate that our use will not negatively impact the

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community.

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And we will be putting on evidence and testimony of that as well.

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We're going to zoom out to the plans.

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oh boy here we go

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well they were just there and then i lost them okay i'm going to keep them tight

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but here's the basement left to right we have storage in the basement that's about it

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and a room for the meters

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we have our first floor we have entrance to the right

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we have a public restroom to the left cafe tables bistro counter tables and a service counter

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that's the use uh that we're looking for

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uh that we're looking for

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let me show you

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oh

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are they showing blank to you now um mr chair yeah they're all blank

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yeah i don't know why that is i think this is more of an internet thing than anything else

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i'm going to close that and

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reshare

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just hang in there for a minute

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I don't know what happened there

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I think I was idling for a few hours

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and maybe that's what it was

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but we'll get it back

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Hours of operation are 7 a.m. to 5 p.m.

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There will be just two or three employees at any one time,

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and it will be owner-operated by my client, Ms. Zahara Sahid.

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Here's the referral.

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As you can see, prepared food shop, which is what a coffee shop is.

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and it requires a special exception in the CMX category.

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Let me explain to you what this isn't first.

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First of all, we're not seeking a variance, as you know.

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Therefore, it's not subject to any hardship analysis.

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It also, there's no hours after 5 p.m.,

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no outside trash storage,

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no dinner service,

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no commercial kitchen,

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No truck deliveries, no complicated signage, no more than two or three employees at any one time.

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It's not subject to speculative impacts based on other businesses.

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It is not to be compared to any full-size restaurant or pizzeria in the neighborhood.

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And it's not subject to popular vote or even the whims of the immediate neighbors.

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So long as we can demonstrate that this particular use will not impact the community any more than a coffee shop of this kind would, then the board has to grant the special exception.

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That's black letter law.

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So with that, I'm going to have my client, Ms. Saeed, raise her virtual hand and adopt my testimony.

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Hi, could you please state your name and spell for the stenographer?

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Zahra Saeed, Z-A-H-R-A-S-A-E-E-D

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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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Please proceed, Counsel

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Thank you

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Sahara, did you hear my presentation to the board this evening?

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Yes, I did

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Is it true and accurate to the best of your knowledge?

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Yes, it is.

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Do you accept it as your own testimony?

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Yes, I do.

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Do you believe your proposed coffee shop, open 7 a.m. to 5 p.m., will have an impact on the community in a manner that is more than any typical little coffee shop would?

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I do not. It's just a small little cafe.

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I see. No cooking, is that correct?

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No cooking.

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No dinner service. Is that correct? Yes. No truck deliveries. Is that correct? Yes. And no commercial kitchen. Is that correct? Yes. No kitchen. Trash storage will be entirely inside. Is that right? Exactly. With commercial trash pickup and the commercial operators will take the trash from the inside to their truck. Is that correct? Yes. Thank you.

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Mr. Chair I would like to call uh another witness Mr. William Faust if he's still with us

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Mr. Faust excuse me Mr. Anastasia just her point of clarification um Miss Saeed is she

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what's her relationship to the property she owns the property okay she owns property okay so she's

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part of mas properties for llc she is that llc that is it okay thank you so much yeah

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fast yes i could you please state your name is spelled for the court sonographer

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yes my name is william faust faust is spelled f like frank a you like uncle s like steven t like

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thomas i own and live at 234 south 22nd street that is the northwest corner of latimer

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

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okay do you swear or affirm to tell the truth the whole truth nothing but the truth yes of course

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Yes, of course.

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Please proceed, Kate, counsel.

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Thank you, Mr. Chair.

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Mr. Faust, I have up on my screen a petition of support, non-opposition, for the 244 South 22nd Coffee Shop.

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Are you familiar with this petition?

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I am.

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Is your name at the very top, the very first person who signed?

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Yes.

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And did you help circulate this petition?

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I did, exclusively.

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Very good.

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And do you have anything to add for the board?

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Well, just a few comments.

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I have lived at our address.

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It is four row houses north of the proposed coffee shop on the same side of the street.

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We've been here since 1999.

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22nd Street has always been a mixed-use street with commercial,

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mixed with a low-scale commercial.

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All eight properties between Latimer Street and Manning Street were originally first-floor commercial, and they have been variously over the years.

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My sense of things is that the neighborhood is generally better now than it was when we moved in in 1999, and I believe that is due in part to the availability of a limited scale in commercial activity, such as this proposed coffee shop represents.

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It gives neighbors nearby services. It increases pedestrian traffic. That puts eyes on the street. And that, in turn, enhances safety. That has been demonstrated by FBI crimes data.

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And just to put it in perspective, we are talking about a tiny coffee shop here. It's coffee and pastries. It'll generate a small amount of trash. It'll require modest delivery.

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I feel compelled to point out one, a couple of comments that were raised as concerns by very nice people, neighbors of mine, which pertain to garbage trucks and supply.

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Some people were concerned about very early garbage pickup from Pazada.

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And the reason why that was raised is because they were concerned that they would experience the same from this proposed coffee shop.

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That very early garbage pickup has nothing to do with Pazada. It never has. You know, we live opposite where those garbage trucks stop. And that truck stops services two or three large buildings, a locust between Van Pelt and 22nd Street. They roll dumpsters up and down the 2100 block of Adams Street.

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um another concern articulated was that trucks would would uh utilize for traverse uh the 2200

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block of uh rittenhouse i'll bet a hundred dollars that will never happen the student

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it's narrow until tight turns 22nd street is a wide street they will want that um i uh

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i look forward to having a cafe on 22nd street we do have one i'm sure this one will have better

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popping. And all the commercial people I've run into on 22nd Street, they eventually become our

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neighbors and they're very pleasant people as a general rule. Thank you, Mr. Fausto. Just to

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follow up, the truck concerns, the trash concerns that were voiced by a few people at the RCO

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meeting, you in fact have witnessed those trucks actually not being attributed to the pizzeria

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that the neighbors suggested by another facility.

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Is that right?

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That's correct.

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It's two very large, really large,

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former Gilded Age mansions on locusts

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between Van Pelt and 22nd.

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They're on the south side.

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And their dumpsters are in gardens at the rear,

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which fronts the 2100 Black of Latimer.

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That's the early garbage pickup truck.

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And for the record, you know, Pazada, boy, there have been restaurants there in that location for about 50, 50, 50 years.

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And Pazada has a very limited scope of food offerings.

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So they don't really generate that much trash anyway.

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They typically have about two dumpsters on the sidewalk.

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Why don't we concentrate on the coffee shop?

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Sure.

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