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Hearing video

ZBA Hearing - September 25, 2024

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

Okay.

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Number two, MI 2023-007-280-1384 Narragonset Street.

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Darlene Treat is the attorney.

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They're coming back in as a panelist.

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Good afternoon, Commissioner Darlene Freed on behalf of the applicants.

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Could you spell your name, please, just for the record?

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Atunson Thomas, H-R-E-A-T-T.

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I don't know why my video isn't on.

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Were you a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I did.

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We're going to need your video.

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Yeah, I'm just saying.

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Okay.

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Yeah, good.

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So there's a letter of opposition from Safe Faith CDC and a letter of opposition from Councilperson Bass.

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And you also have approximately 41 residents who have signed a petition.

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Do you stipulate to the reading of the referral and its accuracy?

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Yes.

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Why don't you please start your presentation?

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Okay.

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I'm going to share my screen.

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Good morning, Commissioners. I am Darlene Threatt. I'm here representing Mr. William

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Campbell and Mr. Freeman Camper. I've submitted a package of exhibits. Can you see my screen,

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sir? I'm just going to list the exhibits. I'm not going to go through them all. We have the

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refusal, a tax clearance, a lease, property information, plans, pictures, community letter,

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as well as proof of mailing and petitions. In my original submission, I submitted three

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petitions. After that submission, and I updated it with the submission to the board, I submitted

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them nine other um petitions uh from the community our commissioners my clients are b-boy bistro

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they operate a food truck currently at stenton and narragansett a b-boy bistro would like to

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move into a brick and mortar building at 1384 east narragansett i would note that this is a

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referral and not a refuse at this time they would like to open up a restaurant

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somebody's on the line

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okay sorry council please proceed oh um they would like to open up a brick and mortar building at

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1384 narragansett avenue they would like to have a take out restaurant there

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commissioners here are is a copy of the tax clearance for that property

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here's a copy of the commercial lease for that property

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and commissioner here's a copy of the plans uh for the uh building uh this first page here

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is just a site plan and it shows that this is a uh building on the corner of narragansett

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and Stanton. There's a side entrance to the building here, which is actually on Narragansett

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Street, and the building goes the length of Stanton here. I'm going to flip down to the,

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there's also an exit at the far right-hand corner, as well as an entry at the far left-hand corner

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on Narragansett. This exit here is on Stanton, and this is just kind of like a picture window there.

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I'm going to scroll down a little further to the actual plans for the building.

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I'm going to scroll down a little further to the actual plans for the building.

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I'm going to enlarge them a little bit so we can see them a little better.

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I'm just going to make it really big.

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Basically, commissioners, we would like to have a takeout operation here.

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You would enter the restaurant through the corner at Narragansett.

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We have counter space along here.

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we have a bathroom in the back we have some freezers this is an exit to the basement and

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this would be an exit out to narragonset we do have the use of the basement according to the

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lease and this is for storage only and we would also store our trash in the basement here until

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trash day back behind the counter here of course it's not installed yet but this is where we would

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put all of our cooking equipment, if approved by the board, up here is just the waiting area

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for the patrons to wait for their takeout food. At this point in time, we did not have a

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thought to use it as a sit-down restaurant, only a takeout restaurant. I'm going to show you some

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pictures now. Here is the actual property. This is Stenton Avenue, the long length of the property.

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the corner and the opening here is on Narragansett and this is where we posted the property on both

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sides. I took some other photographs to just give you a general look of the area. Actually on Stenton

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Street there it is a commercial area with a lot of traffic. A commissioner's next door on the other

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side down on Stenton Avenue is a lot and I'm going to show you a picture of the lot. This is a lot in

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question and there's been a lot of back and forth with this lot. And I think this is where most of

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the problems with the community came. I'm going to put my clients on in the end, but my clients

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are going to testify that they were under the impression that this was the landlord's lot and

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that they were under the impression that they could use that lot according to him. They will

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also testify that it's the landlord who fenced in the area and it's also the landlord who paid

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this area, but my client will testify more to that. That's just a general area. That's across

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the street on Stanton Avenue. There's a deli on the corner here. This is Narragansett Street.

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That's across the street from the property. Across the street is a McDonald's,

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and then there's a gas station. It's a highly traveled commercial area.

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this is a picture of the actual food truck b-boy bistro that's located on stenton avenue now

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my clients would like to get rid of the food truck and move into the brick and mortar building

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which would probably alleviate some of the complaints outlined in the two or three letters

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of opposition. This is the interior of the property currently. If approved, my clients

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will come in and sit it out for their commercial takeout restaurant. I would like to say that this

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restaurant is a seafood restaurant uh with fresh food uh daily fresh food brought in daily they

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would like to operate from wednesday to sunday uh 11 p.m excuse me 11 a.m to 8 p.m they currently

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and these are just other pictures of the inside of the space basically is for you to see

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bathroom that's located in there. This is the current food truck that they've been operating

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out of on Stanton Avenue. It's my understanding that they've been operating this food truck for

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about a year. It's also my understanding that they have had some problems with L&I,

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mainly that their initial license was not for a mobile food truck. It was just for a regular food

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truck. It's my understanding that they applied for the license at L&I. They explained what they

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were doing in this truck, and L&I gave them an improper license. Thereafter, my clients did go

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back to L&I after learning that they had the improper license, and they did receive the proper

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license for the mobile food truck, which I'll show you in a minute. These are just other pictures to

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you how busy it is on that corner at Stanton and Narragansett. That's looking down Narragansett.

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And this is a large picture of the truck. It's a fairly large truck on that corner, a b-boy bistro.

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B-Boy Bistro.

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Commissioners, here's the letters that I sent out to the community for the meeting.

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I also hand delivered the flyers for this particular case to make sure that we could get a sufficient turnout and that everybody got the notice in a timely fashion.

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I understand the mail is not that great in that neighborhood.

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And here is a copy of the proof of mailing.

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A commissioner's, I originally submitted three petitions with about 42 signatures thereafter.

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I'm sorry, here's the license.

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They did finally get the mobile food vending unit food service license.

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Again, originally they did have the wrong vending license for that truck, but when they found out that they had the wrong license, they went in and got the proper license.

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and I've also attached some additional petitions and all in all commissioners I would say we have

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167 signatures on these petitions and if you look at the petitions closely there are varied

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addresses on it but there are substantial amount of addresses from Narragansett and from Rittenhouse

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and those are all our neighbors of the excuse me they all live in the vicinity of the food truck

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as it's operating now uh commissioners i'd like to call my uh client mr william campbell for a

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little testimony commissioner can you hear me yeah i can sure please please call can you raise your

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hand please they have been allowed to speak good morning sir could you please state your name and

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spell for the court stenographer yes my name is william campbell first name william w-i-l-l-i-a-m

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campbell c-a-m-p-b-e-l-l or firm to tell the truth the whole truth nothing but the truth

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I do.

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Please proceed, counsel.

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Mr. Campbell, do you currently operate a food truck named B-Boy Bistro at Stanton in Narragansett?

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Yes, I do.

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And how long have you been operating that truck?

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It's been a year.

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And January 17th was our first year, so just a little over a year.

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And Mr. Campbell, when you when you originally started the food truck, is it correct that it was placed on 1985 Narragansett 1385?

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Excuse me. I'm sorry. 1385 Narragansett. Yes. Rittenhouse. Sorry. Rittenhouse.

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And Mr. Narragansett, who is the owner of 1384 Narragansett?

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His name is Earl Ross. And did you have a conversation with Mr. Ross about 1385 Narragansett?

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Yes. And Mr. Ross, excuse me, Mr. Campbell, 1385 Narragansett was paved and fenced in.

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And was that done at the direction of Mr. Ross? Yes. And it was your understanding originally,

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Mr. Ross owned that lot of 1385 East Narragansett? I'm sorry, correction. That's the lot that's on

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1385 Rittenhouse, the building of Narragansett. So you referring to Rittenhouse? Yes, we were

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under the impression that he was the owner of the lot. Yes. And you had operated your food truck

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on that lot? Correct. And once you found out that he didn't own that property, did you remove the

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food truck yes uh it took about a few months for us to try to figure it out um unfortunately i

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didn't know in which way he was representing our our business apart from him being the owner of

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the property and the so-called owner of the lot uh he kind of left a little bad taste in people

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miles at the city council office and uh we just really want to express that yeah we had no

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recollection of him not owning that lot so once ellen i did come out uh and they tried to figure

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everything out once we they figured you know once they found out that we didn't own the lot

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what that he didn't own a lot they told us that we would have to remove ourselves and we did so

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immediately and uh mr campbell what did you do after you found out that you had the wrong

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vending license for that truck uh so when ellen i came out and uh did some uh observing uh we were

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told that we had the wrong license which was funny because we was like two months away from

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having to renew the license so we never knew you know in those what 10 months uh that we had the

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you know in those what 10 months uh that we had the wrong license so once she told us

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wrong license. So once she told her

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uh i forget the lady name but she worked for elanon she told us being that we were coming up

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on um having to renew it she told us i can't hear him can you can you hear me

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counsel can you hear me hold on counsel are you are you there

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you're coming in and out darlene yeah it froze i think we're okay now i say my internet connection

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is unstable today and it has been shaky mr campbell can you hear me yes i can can you

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finish that once you found out that you had the incorrect license what did you do uh once she

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told us to just wait until the license expired which was just a little under a month away and

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once it expired, we renewed it and got the right license. Okay. Mr. Campbell, can you explain to

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the board what type of food do you sell? So mostly we sell seafood. It's mostly pescatarian,

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but we do offer some meat options as far as chicken and beef options as well. But we do

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like rice bowls. It's from teriyaki, salmon fried rice to fried lobster sandwiches. A lot of things

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that you would probably find in like a fine dining restaurant, but on wheels and more accessible and

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local. And Mr. Campbell, how many persons do you employ currently? Seven. And can you tell us

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whether or not your cooks or your employees certified in any way? So me and my partner,

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which owns the business, we are certified serve safe. And we do have our leading cook,

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which is also certified and serve safe that runs the truck.

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Okay.

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Our commissioners, right now, that's all I have.

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Questions from the board?

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Questions or comments from our attorney, Hillary Amberson?

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um miss three excuse me we had requested but did not yet receive a um executed lease

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for your client miss emerson i did submit an executed lease i uploaded it uh when did you do

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that maybe monday all right i will i will check again and i'll send you a copy right now okay

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because we don't the copy we have on file is not signed so okay and let me just go down to

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my package i think i substituted the executed lease on my package

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yeah i'll send it to you um oh here it is there it is okay thank you so much

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Can I hear what the RCO said again? What was the RCO's vote?

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Nine opposed, one in support.

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Letter of opposition, Faith CDC.

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And can you speak to any of the opposition for the project?

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I know you have petitions from the neighbors, but was there anything that stood out for the RCO's rejection?

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of the plan? Yes, Ms. Graham, I did speak to Ms. Love, to be honest with you, in great detail.

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And it seems that there was a problem with that truck parking there. It caused lines on the

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corner, which interfered with the bus stop. And people were double parking to get to that truck.

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But I would submit to you at this time that if, in fact, the business is allowed to move inside

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to a brick and mortar structure, those problems that were created by the truck wouldn't be there

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anymore. There wouldn't be any lines interfering with the bus stop. And there would be no parking

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near or outside the truck. And frankly, we are requesting a referral here. And this property

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is commercially zoned and is zoned for this type of use. The reason we're in front of the board is

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because we like a takeout component to it, but we are asking to use this building in the way it was

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designed to be used for commercial purposes. I would also submit that if it was a sit-down

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restaurant, the parking situation would be increased. People would be in the neighborhood

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a little longer, but since it is a takeout restaurant and it's fairly large, as you can

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see from the plans, they can hold all their customers inside. Plus, the customers will have

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a shorter time span in that area as opposed to if we were also asking for a sit-down restaurant.

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And is the operator of the restaurant willing to work with the restaurant?

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And is the operator of the restaurant willing to work with the community to, you know, address any other concerns if transferring from the truck to the restaurant?

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They're definitely willing to work with the community.

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Actually, I had canvassed that community myself when I was hired to take over this case.

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And basically, most of the people in the community had good things to say about the truck.

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The only thing that they said that was bad to me anyway is that the prices were too high.

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But my clients and Mr. Freeman Camper is on the line also.

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They're more than willing to work with the community.

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They really want to try to have a more upscale restaurant in this location, you know, not the regular fast food, greasy, takeout Chinese stuff.

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And they're trying to bring something to the community that's a little different, and it's a little healthier option for the community.

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And I'm sure Mr. Campbell or Mr. Campbell are willing to answer any questions that you have, Ms. Graham, in that regard.

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So my last question is, so if the restaurant is open, the food truck will no longer be parked at or near this location?

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That's correct.

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The food truck would be gone, but I will have to tell you that the food truck is in operation.

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They're a very popular food truck in the city.

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As a matter of fact, tonight the food truck would be in Point Breeze at Kenyatta Johnson's Night Watch Community Affair.

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So they drive around.

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They're community-oriented.

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They started off a little shaky.

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