civus
Hearing video

ZBA Hearing - May 13, 2026

Philadelphia Zoning Board of Adjustment (ZBA)May 13, 20265h 38m

Cheryl Gaston, my vote is yes with Proviso. Brian McAdams, my vote is yes with Proviso.

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Tywin my vote is yes with proviso thank you counsel thank you board I appreciate your time

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Tywin, my vote is yes with Proviso. Thank you, Counsel. Thank you, Board. I appreciate

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is there anyone in the audience whose case has not been called from the 9 30 list

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I see no hands at this time too see everybody at 2 p.m all right

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Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this meeting

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in the Philadelphia Zoning Board of Adjustments. With me is our Board Secretary, Cheryl L.

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Gaston.

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Present Mr. Chairman.

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Board Member Michael Johns. If he's not, he'll be on any many areas. He's there.

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Board Member Taya Nguyen.

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Present Mr. Chairman.

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Board Member Ryan McAdams.

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Present Mr. Chairman.

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Also, here is our attorney, Matt Webster.

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our ZBA director, Ian Haggerty, and our board administrator, Lakeisha Dandy.

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This hearing is being recorded and will be posted on the ZBA website.

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By participating, you agree to be recorded. This is an in-person meeting with remote participants.

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Whether in person or on Zoom, if you are called to speak, please state and spell your name and

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then wait to be sworn in after being sworn in you must identify state your name each time before

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testifying to enter an appearance indicate the property address while on the zoom webinar

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speak with a staff member

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or call this eba office by the end of business tomorrow

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call 215-686-2429 please leave your name email and address of the property in question

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remote participants raise your virtual hand when directed so that we can call on you

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when we do call on you please push the button join join as a presenter a panelist

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Use your Q&A only for procedural requests, not anything comments relative to the case.

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If you are joining by phone, press star 9 to raise your hand and star 6 to unmute.

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In-person attendees, get close to the mic and speak as loud as possible so that all attendees

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and the court reporter can hear you no talking eating or drinking during the hearings

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aggressive behavior will not be tolerated in case of emergency follow staff instructions

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the the main exit is the doors in the rear and the elevator is to the left the the stairs are

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to the left if we evacuate please go to love park across our street and please stay there so that

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we can account for you but let's look at our schedule for today

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number one mi 2025 003 392 2231

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fernell's fernell street um gsb 3 ltt is the limited owner um we have no exhibits

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this is the third listing.

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Also an attorney needed for this.

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Good afternoon, Chair. This is Jason Hand. I'll be your co-host for this session.

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I do not see anyone answering to that name in the virtual audience, and I do not see any hands

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raised okay thank you very much so mi 2025 003 392 2231 fernell street i vote to dismiss

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cheryl gas that my vote is to dismiss

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ryan mcadams my vote is to dismiss i win my vote is to dismiss

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number three mi 2025 006 856 10 16 to 18 ray street um we have no exhibits this is the second

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listing the listed owner is um betty mon and g p

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betty mon and gp race llc

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sorry chap once again i do not see any hands raised for the matter and i do not see them in

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the virtual audience so mi 2025 006 850 10 16 to 18 ray street i vote to dismiss

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michael johns my vote is to dismiss

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cheryl gaston my vote is to dismiss hi mcadams my vote is to dismiss i win my vote is to dismiss

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number five mi 2025 007 020 2408 west lehigh avenue this case is continued until 7 15 26

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at 2 p.m.

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And number 7, MI 2026, 002-228-610-40 High Street.

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This case is continued until 7, 15, 26 at 2 p.m.

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Are there any other requests for continuances?

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Chair, I do not see any further hands raised.

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We're going to go to our add-on list.

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MI 2026-000214, 1942 North Grad Street.

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The vote in this matter has been continued to Wednesday, May 20th at 2 p.m.

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And number two, MI 2023-2025-006-865-2530 North 11th Street, I vote no.

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Michael Johns, my vote is no.

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Cheryl Gaston, my vote is no.

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Ryan McAdams, my vote is no.

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Ryan Wade, my vote is no.

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First case will be, let's see here.

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Number two, MI 2025-006-774-6340 Musgrave Street, Gabriel Fellis is the attorney.

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I'll be coming back in as a panel shortly.

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Good afternoon, Mr. Chair.

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

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my name is gabriel fellis g-a-b-r-i-e-l last name f-e-l-l-u-s do you swear or affirm to tell

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the truth the whole truth and nothing but the truth i do um could you identify your

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client a relationship to the property sure my client is troy prater he is the owner of

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the property atmosphere well there's a letter of non-opposition from the 59th ward our um

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our board secretary has a few questions for you good afternoon counsel submit your documents and

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exhibits five days in advance of this hearing um i believe i submitted actually saturday morning

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just i think there was a little bit of a miscommunication but on saturday morning

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all right and uh do you waive the reading of the refusal and stipulate to its accuracy

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Yes.

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And you can share your screen and begin your presentation.

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Thank you.

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Thank you.

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All set up, Chris?

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We should.

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Great.

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Thank you, Chair.

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So my client is seeking approval for use of the property at 6340 Musgrave as a sort

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of quick serve bodega style takeout concept.

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The store will be used primarily for general convenience sales, but it will also focus on

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also function as a bakery and a pizzeria where guests can order from the counter and take out

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those food items that are prepared in-house. So again, a bit similar to like a bodega-style concept,

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the property is zoned RSA 5, so the concept generated these four refusals.

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So before we get into the details of the project, I just wanted to provide a little bit of background

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on Mr. Prater. He's been a member of the Germantown community for over 20 years.

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He's been working in the food industry for over 30 years, where he has extensive experience

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owning and operating small community-focused businesses.

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This photo here is from 1993, where he started probably one of the first take-out and delivery

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food businesses in the area.

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He also operated several pizzerias and bakeries in and around Philly since he first started

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in 1993, and one of them is Troy's Pizza, shown here.

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So the property is currently vacant and basically in shell condition.

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So the property is currently vacant and basically in shell condition.

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We'd be looking at using only the first floor for the storefront with the top floor remaining as a residential unit.

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Here we have the proposed site plans showing the anticipated layout.

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So as you can see, there's not much seating or anything.

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So the focus is mainly going to be on the quick serve takeout business and the convenience store sales.

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these tables are just mainly going to be for guests to sort of wait around for their food to be ready

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so here we have some photos from the street it's a corner unit with ample parking so there really

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should not be any serious issue of a bunch of cars parking on a small residential block

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the property takes up nearly the entire block so guests can park directly in front of the store

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here. And again, because it's sort of a takeout focus concept, patrons can be in and out within

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10 to 15 minutes. So here we have some interior photos of the property and its current condition.

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Like I said, it's basically in shell condition. So there's going to be a lot of interior renovations

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and cosmetic upgrades, but we're not proposing any exterior construction or demolition at all.

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here we have some aerial views of the property in relation to the other properties

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here we have our zoning map again the property is owned rsa5

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so now turning into our community outreach efforts uh like you said we met with the 59th

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democratic ward on april 21st where we received their letter of non-opposition this is the

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notification letter that our office sent out on March 18th, notifying nearby neighbors of that

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meeting. And this is the letter from Mr. Patrick Jones from the 59th Democratic Ward summarizing

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that meeting and affirming their stance of non-opposition. Mr. Pereira and his family have

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also been extremely proactive in engaging with the neighbors on the block with this project.

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uh he's personally reached out and uh he reached out to explain the project

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uh and address any concerns that neighbors might had um he's spoken with and he gathered 56 signatures

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of support this is the deed to the property showing troy taking title in april 2009

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Here you have our application for appeal and project information form.

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We have our hearing notification posters at the property, advising neighbors of the hearing

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here today.

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And here we have our statement showing that Mr. Prater has a payment agreement with the

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city for real estate tax payments and these are our certifications of

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mailing for the notifications sent out for the RCO meeting in March so with

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that I'd like to bring Troy on to adopt my testimony and help answer any

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questions you guys might have okay you should be in the virtual audience

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council for the record is that uh troy pater yes

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Troy Prater please raise your virtual hand once more Troy Prater please raise your virtual hand

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I wait to be sworn in.

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Okay, they should be coming back in as a panel shortly.

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Thank you.

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Keep a hand keeps going up and down for some reason.

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I'm sorry about the delay council council while we're waiting, is there any commercial

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or retail anywhere around there at all?

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not much

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to be honest with you

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okay now that we're coming back in

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thank you

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Thank you.

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you're welcome

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You're welcome.

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can you hear me i can't please uh state your name and spell for the stenographer

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yes hi my name is troy prater first name is t-r-o-y last name is p as in paul r-a-t as in

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tom e-r do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes i do counsel hey joy uh have you heard my testimony here today yes i heard you thank you

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and was it true and correct to the best of your knowledge yes it is okay and would you adopt it

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as if it were your own yes it is great thank you any questions you guys have we have an answer

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sure questions from the board uh yes um so this is a corner property and it's attached to another

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property on the one side is it a correct twin yeah okay and uh have you talked to that neighbor

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and do you have their agreement with this well most of the time they're not at home i've spoken

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to them we speak casually but i'm not sure what their work schedules are so it's kind of hard to

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catch you know speak with them and they are aware of what what my plans are okay and then

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um we've already established that there's no other commercial um use here um so uh what are

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you planning to do with respect to making sure that um the noise and traffic and what have you

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from this use will not disturb the adjoining neighbor in some way.

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Well, one of the things that we are implementing is to make sure that the area is well lit

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and to have security cameras, and that's one of the advantages to having takeouts,

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so there's really no need for them to stick around.

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And I've also spoken to the 14th Police District and have initiated a police log as well.

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they've agreed to you know follow through on the police log as well okay and uh what are you doing

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about venting of the property i'm sorry i didn't hear you what are you doing about venting like

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venting of the um for the pizza oven for whatever if you're gonna have fry machines or what have you

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Yes, I've spoken to two of the area companies that would come in and they would set up a professional exhaust system and make sure that everything is vented well above the roofs in the area.

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So they've explained what, you know, what they would have to do, but it will be a professional company that does that.

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Okay. You don't have that on your plan anywhere. So I just want to make sure that, you know, we've made some kind of provision for that.

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yes i apologize yeah you're gonna have those kind of smells and what have you which could again

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uh disturb the adjoining neighbor okay um all right thank you you're welcome

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council can we bring up question go ahead can we bring up the plans again okay

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so uh what is your go ahead i'm sorry go ahead i'm sorry mike um i was i was looking at is the

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only entrance through the side door going into the establishment there's actually two entrances

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one in the front and one on the side as well so the front's in the corner right would that

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be where the bathroom's at that's actually the side the front is no i'm sorry yes that's the front

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okay i see the accident where the uh but they're both on the side correct

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no if you can in the diagram it says uh what the tables are and it says uh entrance and exit

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that's one there yes okay so you have you don't have a rear exit out of out of it yes the one

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that says back room yes that's a rear exit and bathrooms it's next to the bathroom okay so what's

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your trash plan then for i've also spoken with waste management and they've agreed to come out

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And they've agreed to come out and under a contractual basis to pick up the trash at least once or twice a week, depending on, you know, how I felt it needed to be removed.

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and under a contractual basis to pick up the trash

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So that's not an issue with them either.

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So I'm just looking at the property like it is now.

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There's a there's a door next to the steps going up to the I'll just say for lack of better second floor.

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And then there's a side door.

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Is there you're going to add a door to is there another door at it or not?

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well there's there's two doors now but if if another door needed to be added i could

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right oh yeah yeah your your your plan does not match the existing conditions basically

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you show two doors on the side of the building but there's one in this picture there's one door

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on the side and then there's another door in the front your plans don't match what the building

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shows

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so that was the question

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like are you putting in a new door

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because it doesn't match what you show

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no there's

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two doors one on the side one in the front

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