civus
Hearing video

ZBA Hearing - May 13, 2026

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

and the other openings

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are actually windows I don't know if that's

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with the

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we are all in agreement that there's two doors one on the side

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and one in the front and your drawing only shows

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two on the side which would

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lead us to that you have two

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okay you see that right yes yeah yeah and and the other things on the plan that are on a party wall

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right and and the dimension of the plans don't make sense as it relates to the furniture and

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everything in the layout because there's clearly not enough room if it's only a

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14-foot wide house so the plans don't make sense and don't and don't relate to

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reality we're really willing to I guess we move to the tables if need be no I'm

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not I'm not saying that your your dimension on this plan that you show says 24 by 14 right

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and if your width of that building is 24 foot wide there's no way you can put all this stuff

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in there right you can't have pizza oven then the space for people to work in then a countertop

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then a then a then tables you just don't you won't have enough room to do all that that takes

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up about 10 feet right there you only have five foot left probably you see anything so this is

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that they're just it's just not reality and then you're showing doors that don't exist

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and they're not in locations where the doors are it's like this plan makes no sense as it relates

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let me ask you a practical question i mean this is an area that has no commercial no retail

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why did you select this this row I'm going to call row house why did would you select this row house

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to put a pizza shop well it's because uh that's that's our family home and my kids were raised

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there and we're familiar with the community we we realize that there's not a lot there

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okay all right that's that's that's your answer any other questions

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questions from our attorney no Mr. Chair questions or comments from the virtual audience

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the current audience i do not see any hands raised mr planning commission addison matera

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planning commission staff m-a-d-i-s-o-n-m-a-t-e-r-a do you swear we're affirmed to tell the truth the

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whole truth nothing but the truth yes please proceed the property was remapped from rm1

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residential multi-family to rsa5 residential single family in 2019 the appellant has not

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shown that the property cannot possibly be used in strict conformity with the zoning code and that

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a variance is therefore necessary to enable the viable economic use of the property the city

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planning commission recommends that the board deny the variance for change of use for retail sales

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in an existing attached structure with other uses in the same structure mi 2025 006 774

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63 40 musgrave street i vote no michael johns my vote is no cyril gaston my vote is no i am mcadams

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my vote is no hi owen my vote is no thank you council thank you number four mi 20 25 006

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908-1500

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German

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1500 to

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1504

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Germantown Avenue

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Germantown Avenue. Alan Nockmson is the attorney.

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Al Nackamson is the attorney

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so

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So, Nockmson, you've already been sworn in once today, so could you just state your name for the record?

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Alan Nockmson.

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Could you identify your client in relationship to the property?

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Yes, my client is 1500 Germantown Ave LLC. And in the virtual audience is Iman Shahita, who's going to be the operator of the prepared food shop.

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I understand you have unanimous support from South Kensington Council and a non-opposition from Councilmember Lozada. Our board secretary has a few questions.

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Good afternoon, counsel. Did you submit your documents and exhibits five days in advance of this hearing?

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Yes, we have.

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And do you waive the reading of the refusal and stipulate to its accuracy?

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yes to the current refusal we're going to have to update the refusal um i spoke to uh miss emerson

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uh previously about this matter this is actually going to be a whole oh excuse me a hold okay

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great uh then you can go ahead and uh share your screen and begin your presentation thank you thank

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Thank you.

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As the chairman stated, we did receive unanimous support. A little strange situation here.

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We're looking to do a coffee shop here at the corner of at this corner of Germantown.

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We showed another operator who was going to be a prepared food shop coffee shop, you know, to the community group, and we did receive unanimous support. Unfortunately, that coffee shop backed out after the community meeting, but before the hearing, we were able to get another coffee shop to, you know, come into the space.

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uh we're finalizing the lease here but we did have a pre-community meeting with that same group

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um so we want to be you know honest with them that yes you supported this other operator

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we have another operator we met we met with the executive board of the coordinating rco

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they didn't see in it see to have an issue with it we want to at least present this again in front

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of the community again with this new operator who's well known in the community as well so

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And we'll have to modify the notice of refusal because in addition to a prepared food shop, it's going to be like almost like a Capital One Cafe where this operator is also a tax preparer in the neighborhood.

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So part of her business model would be also to have like tax preparation services during certain portions of the year in addition to a coffee shop.

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So we just wanted to make sure that we cleaned everything up, but I didn't see any reason for delay to present to the board, and we don't anticipate any issues with the community group either.

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So we have 12 exhibits here again at the conclusion of my presentation.

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I'll ask Amon to virtually raise her hand and have a couple questions for her.

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But the refusal here is this.

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This is an RSA 5 property.

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It's a corner property, and we're looking to use this prepared food shop and for office use as well.

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If this was the CMX 2 property, this use would be allowed as a right.

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Why do I say that?

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If you look at the bottom of the notice of refusal, this board, maybe not this board, but a ZBA board previously approved this in 2020 to have four residential dwelling units and on the ground floor is to have a commercial space.

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If they would have put, you know, a commercial space with allowable CMX2 uses, we wouldn't have to be here today.

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But because it just said commercial space, we're seeking a variance for that specific purpose.

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We did get a letter of support, overwhelming support for a prepared food shop. I think everyone agreed that this was an appropriate use of the property generally, right? I mean, obviously we still have to bear the burden to show this operator is qualified and appropriate under the circumstances.

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But you can see here was unanimous support 11 to 0. I don't anticipate having any issue with this operator because this operator actually has a tax preparation offices around the corner. She's been in business for many, many years. And she's also a member of the mosque, which is across the street. And she's been a member since 2001. So she's a well-known quantity in the neighborhood. And she thinks she's going to be very successful here, given her relationship

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you know from a business and you know religious you know perspective so and again you know i don't

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anticipate the letter of non-opposition from the council member will change but we do have

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council member will change but we do have a letter of non-opposition based on the community support

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a letter of non-opposition based on the community support

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again the property history here is the zoning permit that was issued in 2020 based on four

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residential units plus an empty commercial space and then again not out of character to have nearby

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rsa5 properties their corner properties uh which also have commercial use so 1501 north 4th street

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1519 north 4th street uh and then maps of the area again if we were just diagonal across the street

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Here's a CMX2 property. Again, it would not be out of character.

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Germantown Avenue tends to have more of a commercial corridor presence.

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You can see there's some ICMX, so RM1.

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So there's clearly density support this commercial space.

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And then you can see the mosque right here, which is across the street that my client is a member of.

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You also can see there's a grocery store as well.

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And then photographs of the property. This is its current condition.

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It's leased up the residential space, and we're looking forward to hopefully leasing up the commercial space.

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And that's from both sides, from both Jefferson and Germantown.

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And then here's our orange notice poster showing proof of posting for each public streets.

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Germantown Avenue to the right of the property, to the left of the property.

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Jefferson Street to the right of the property, and to the left of the property.

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So again, it's more than a vanilla box. You've got nice floors. It's ready to be occupied, hopefully.

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And then there are plans and drawings. They're a little small. I'll try to expand out here.

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but there are multiple entrances here you can see for the space itself

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you have it right here is the residential space they come in through jefferson

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there's also double doors for the commercial space on jefferson oh here's jefferson i apologize

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this is jefferson street this is germantown multiple entrances there's also as you can see

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here a lower level where we'll probably have storage but no one's going to actually be working

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down there but you know it's an open floor plan you have a number of tables you also see here

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we'll be able to leverage that we mean in the commercial space we'd be able to leverage

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the separate trash bins and you know obviously as a commercial space they would

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you know avail themselves of trash pickup but you know there's counter space here

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point-of-sale system here again it's a prepared food shop so there'll be no cooking on the

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premises you know similar to you know like a starbucks heat things heated up but nothing

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other than that and the space itself square footage wise is approximately 1276 square feet

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and then we met with the community on february 25th again different operator but same plan

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And other than expanding it to have some office use in there, maybe it'll be a subdivision of some sort to have an office for privacy purposes for tax preparation.

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We sent notice to 111 addresses.

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These are the addresses, proof of mailing to those addresses, our application for appeal.

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Now, we did file on behalf of the landlord.

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We spoke to Ms. Emerson.

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We will provide an executed lease once we have it before the board votes.

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So they'll see the, you know, the terminal lease and, you know, the arrangement between the landlord and the tenant.

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There's the notice of refusal, the project information form, the deed to the property showing that 1500 Germantown Avenue is the owner of the property.

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And then finally, it's a certificate of tax clearance.

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Some information, hours of operation that we anticipate having Monday through Friday is 7.30 a.m. to 8 p.m.

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And then weekends, so Saturday and Sunday from 8 a.m. to 10 p.m.

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Delivery schedule, the pastries will be delivered in the morning.

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The estimated timeline to get the place up and running in terms of minimal renovations, 30, 60 days.

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as i stated about trash pickup we'll be leveraging the buildings you know trash

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room exterior trash room and there is also going to be trash stored in that room and

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that's basically it my client also will be collaborating with her sister who has experience

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in the coffee industry she's been a barista in the service industry for over four years

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I would just ask my client to virtually raise their hand.

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I will make note to Ms. Emerson is back.

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I know.

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I saw her.

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I know.

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I just wanted to make sure everybody knew you weren't just talking to a vacant Ms. Emerson.

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to a vacant Ms. Emerson.

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Yeah, exactly.

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Yeah, exactly.

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Chancellor, Mr. Chair,

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let me come back in as a panel shortly.

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Thank you.

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Hello?

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Hi. Could you please state your name

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and spell it for the stenographer?

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Sure. My name is Iman Shahada,

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and that's spelled E as in elephant, M as in Mary, A as in apple, N as in Nancy.

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Last name Shahada, S as in Sam, H as in Harry, E as in elephant, H as in Harry,

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A as in apple, T as in Tom, A as in apple.

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

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Yes.

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Counsel?

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Iman, you heard everything I had to say today about your zoning matter.

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Yes.

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Is it true and correct?

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Yes.

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And do you adopt this as your own?

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Yes.

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Specifically, I stated hours of operation on weekdays from 7.30 a.m. to 8 p.m. and weekends, 8 a.m. to 10 p.m.

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That's correct, right?

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Yes, that is correct.

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And that trash would be stored in the outside trash room as part of your operations, correct?

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Yes.

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and and you know again that you know your relationship to the neighborhood that you've

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been a member of the mosque that's across the street since 2001 and that you have an office

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right now for your tax preparation offices around the corner is that correct that is correct and

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that you will be collaborating with your sister who has much experience in the coffee and service

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industry yes all right thank you questions from the board yeah looking at the plan where

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is the cold storage uh to be located let me see i i don't i don't know if it's going to be cold

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storage i mean but i'm sure there's a very summer if you're doing a prepared food shop won't things

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need to be in cold cases until they're heated up or frozen yeah let me take a look at that

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they also milks and stuff yeah i i don't know if they have like a expectation to like have like a

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more of a display in the front but yeah i would expect that there would be some place for storage

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on my uh computer's just freezing

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i i thought i saw something on the list of equipment but i'm not you have to bring it up

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So there was a, I think like a refrigerated glass showcase and that's where like the majority

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of the cold refrigerated pastry will go.

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And I think under the counters, there are a few fridges where the milks and stuff will

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be stored near the, near the, the espresso machine and things like that.

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correct me if i'm wrong and i do note that there's some numbers labeled to them i want to stay on the

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floor plans but we can go to the i mean i know what the icons stood for i just know that typically

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there's another area in like 97 of the coffee shops i've been in and when it isn't it's a kiosk

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where there's like something like a main store close by but okay yeah i mean the other thing is

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we're coming back anyway and i'll make sure that we specifically address where the refrigeration

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will be so then you know i'll make note of that um so i guess you go down to the list of go down

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to the list of equipment i think there was a something there then you could see it's right

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to the left so then what's happening in the basement or is the basement not a part of the

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it is it's just it's just one of the areas and i'll go back to it let me just look at the list of

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equipment let's see what we got here

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ice maker

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under counter refrigerant number one okay there we go yeah yeah but i'll make sure obviously we'll

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we'll denote that a little bit better um you know we have to meet with the community and we'll you

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know make a you know presentation obviously to the board telling what the

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community thought of it and we'll update our drawings so there is the upstairs

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tenants have no what there's a lot of space there's a lot of space down there

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the up the tenants upstairs the residential tenants don't have access

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to this so I think this is something we're still looking at to see which of

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the rooms I would think it's there's one room where the utilities are so I don't

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think we would take that room we mean in the commercial tenants I would think

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it's one of those two rooms here but we'll have a little bit more definition like i said we pivoted

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