civus
Hearing audio

ZBA Hearing - January 28, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jan 28, 20267h 52m

first floor but um i was thinking it's going to be hard for these people who live up there because

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the garbage it needs to go behind this gate so i have to i'm coming up with a way to have them

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hopefully maybe even a staircase that goes straight from that up there down here i don't

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know if it's going to be easy to do like a fire escape style something like that for them so that

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they don't have to go out through the front to put the trash all the way in the back um what else

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um parking so for parking i know everybody's always worried about parking but if it's going

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to be a commercial building in the front first floor it's only going to be operating during

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normal business hours so when everybody's at work like the neighborhood is all going to work

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that's when the commercial parking will be like happening it will be from uh from nine to five

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so after 5 o'clock when everybody returns home from their day at work they'll be able to find

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parking easy other than that it probably two vehicles one for each apartment that's going to

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be one person living in the top here and then one person living on the top there like I said

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we we already did this one and it looks really good everybody really likes it and it did improve

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the neighborhood um we cleaned this whole sidewalk it was a lot of bush good that was there

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right now it's a lot of snow um we already put salt and stuff down for the for the people that

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walk around the neighborhood um i can show you guys something else too

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the project information form uh tax clearance we have we have all that okay uh here's the deed you

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guys have that uh what else do you guys need anything else well we're gonna see questions

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from the board what's the what's the what's the what are you selling was it just says retail so

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what's the is it oh well i would have rented out i wouldn't i wouldn't um do the business i would

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rent it out i would probably maybe do something like paperwork like maybe immigration because we

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have in our neighborhood we have a lot of people from different countries they

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need a service where they they can apply for tax ID numbers or maybe something

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like hold on hold on hold on so art you remember when I read in the beginning

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yeah I read that retail schools of food beverages and groceries on the first

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floor is that not true that was the plan but um we we we could go that route it's just that we

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already have a corner store across the street and um i don't think that the guy who put that in

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there his name is danilo he he didn't he misunderstood it so he put retail food but

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it was just retail it wasn't supposed to be food but if it if we can work with but retail's not

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you know uh people come in for paperwork right for their citizens no that's that would be more

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like business office right um sir if if that is not the use that you intend um i strongly recommend

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that you get an amended refusal um because because this is zoned as a residential single

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family property if you go and try to apply for a different use if we approve the use on here

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the the the retail sales of food beverages and groceries and then you decide to do a different

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use you will have to come back to the zoning board um for a variance for that particular use

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because basically no commercial use is allowed um on properties that are zoned food is food and

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beverage is okay we'll move forward with food and beverage yeah okay because you like i said you do

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have the option of asking for the refusal to be amended to change the use but if you would like

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to stick with that then we can certainly do that no we'll just stick with the food and beverage okay

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the food and beverage okay yes well that opens up new questions so the first question is are

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yes well that opens up new questions

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we doing hot food no and will there be live cooking on site no no hot food probably snacks

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beverages refrigerated items okay and then what would be the preparation no preparation no

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so what would be the plan for the business the commercial business is trash the the trash it

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would it would go in the rear of the building everything's going in the rear so the rear is now

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just a trash enclosure it's not going to be used at all as any type of backyard or recreational

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space for the tenant yeah we'll just have bins in the backyard okay with lids and then how do you

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access the commercial space currently well right now i had to board it up because of the squatter

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i didn't want him to come back again so we go in through this red door right here so the red door

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has access to stairway as well as the commercial unit currently yes okay

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so can you go back to the layouts of the units sure

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so i i think it'd be very difficult to try to get them to access the rear yard or trash

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and the units are for two bedroom units they're just the living space is tiny to have a living

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kitchen it's more just just not enough space for two sir that was already the kitchens were there

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and this house originally already had this zoned for mixed use so these apart these these rooms

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they were already divided yeah I'm just saying they're they're small that's what I'm saying

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They're just, you know, a chair, a sofa, a TV, and a kitchen, you know what I mean?

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Yeah, no problem.

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I'm looking at the dimensions that you have.

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Yeah, I want you to see something here.

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You see the length of this building right now?

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I see it, but you're creating four bedrooms, two living rooms, kitchen, two bathrooms, storage space.

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They're small, you know what I mean?

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The living area is small.

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If there were one bedroom units, they'd be, you know, decent sized living space. Right. They're they're they're tiny.

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So that I have a concern with. The other thing is people are not going to come outside their unit to put trash in the backyard.

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It's just human nature is not going to have that. They're not going to do that.

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So if you're going to have deal with the trash, you're going to really going to have to deal with the trash within the unit, whether whether it's a vented trash closet or something.

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And then you said the hours of operation would be from 9 to 5. And if it's an establishment that is for food and beverage and that type of sales, they're usually 7 a.m. to 10 at night generally.

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So I think the hours of operation don't sort of match with the proposed use.

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i'm gonna second what mike said um i know that you're saying that they were existing but i'm

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actually concerned that that second bedroom is actually not up the code isn't a code conversation

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but just so you know like i do think that you're it's going to be very hard for you to fit all that

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in and i would recommend doing a vinted trash closet for the upstairs units

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the questions from the board i did have one more question is the commercial space the only space

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that has access to the basement uh let me see no that you can have access through the corridor

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this anybody can access the the utilities only portion of the basement yes okay uh other

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alternative is that you could have the trash you could have a trash room in the cellar yeah

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that everyone can access as well that's a great idea

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yeah also i think they have a hatch right here that they could question for attorney

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not at this time mr chair questions or comments from the virtual audience

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i see no hands at this time chair by planning commission amy boy for the planning commission

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the comprehensive plan recommends a change in zoning at this location

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from the current RSA 3 residential single-family to RM1 residential multifamily.

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The proposal for commercial mixed-use is consistent with the other properties on this corner.

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The proposal for two-family would be allowed by right under the recommended zoning.

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Additionally, this property has a documented history of multiple dwelling units and commercial use.

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The Planning Commission recommends that the Board grant their requested variances for multiple principal uses,

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retail sales of food and beverages and groceries, and two-family household living.

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and to family household living thank you um what we're going to do is we're going to vote on this

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Thank you. What we're going to do is we're going to

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next wednesday okay we're going to take it to executive session and then we'll vote at 9 30 a

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at 9 9 30 a.m next wednesday okay okay thank you sir thank you um okay thank you guys sure

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Number 7, MI-2025-004-485-3617-23, Lancaster Avenue.

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Zen Jin is the attorney.

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There's a letter of non-opposition from Poulton Village Civic Association,

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a letter of non-opposition from Council Member Gauthier.

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Zen Jin will be rejoining us as a panelist.

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Thank you.

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Good morning.

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Good morning, Council.

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

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Yes, my name is Zenjen, Z-H-E-N, last name J-I-N.

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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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Could you identify your client, a relationship to the property?

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Yes, my client is Fernando Entertainment Inc., which is actually a tenant at the property

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and the operator of the business for which we're here today.

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Okay, our vice chair has a few questions.

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Good morning.

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Have you submitted your documents and exhibits five days in advance of this hearing?

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Yes.

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

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I do.

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Okay, thank you. You can proceed with your case.

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Thank you. I'm going to share with the board what was previously submitted.

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Oh, sorry, hit the wrong button.

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had my exhibit come up on your screen it has thank you this is an application which is a

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special exception for use of the space here at 3617 to 23 Lancaster Avenue as an assembly

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an entertainment space within an existing structure. The proposed use, given it is a CMX2

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district, is a special exception in this particular district. This particular use

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actually is a renewal of what was previously approved for the same use. This was granted

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as a temporary back in 2018, and it was for the same activity.

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I'm sorry, my phone seems to be making a lot of noise.

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Let me turn that sound off so there's no interruptions.

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So it is for the same use again before the board this time.

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What the use is, is that this is a proposed assembly space for gaming.

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when we talk about gaming we're talking about board games and card games little games that are

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not gambling in nature these are actual board games that you would see in your typical shopping

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center the people that come to this space can be students and can be local residents and what

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their share is an interest in various type of games board games and other games they're given

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the opportunity to have snacks and generally speaking these games sessions will take place

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at different tables where individuals as part of that particular game will be able to socialize

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and play the game we met with the rco in the district one of the biggest problem on lancaster

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avenue has been trash from various businesses being outside that was the primary issue that

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came up when we had our first meeting uh the rco wanted us to show them again that a proper

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management of the trash is available for this business uh given the problems in the area so we

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had a second meeting scheduled during which time in between my client was able to get their process

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together for trash maintenance and after the second meeting we were given the support of the

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neighborhood after showing that we are making the effort as a business to make sure the trash is

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controlled and also agreeing to having additional picks up pickups if needed through commercial

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trash pickups the space again is located on lancaster avenue it is shown here in the photos

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uh this is again a block that has uh multiple businesses on the block and is generally

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consistent as a commercial mixed use uh this is the party game lounge uh front as you see here

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uh this is an interior of the space again snacks

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and interior of the space again snacks are available

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and the rooms are set up for various gaming activities within the space

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the layout of the space is shown here in the plans as you can see it's basically various

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seating areas storage rooms there are slightly private private rooms here which for some games

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in order for the participants to not be interrupted by noise from other games they're given rooms

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where they're going to have the gaming session some games allow more open type seating because

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noise really is an interference for that there's a storage room and again there's cases and food

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and a service area to provide the the drinks and the snacks

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so that is essentially the application here before the board again this is while it's

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assembly and entertainment this is not a club this is not a use that is going to cause a lot

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of noise or have overflow of people coming out of the space one thing the community recognized and

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verified is that this space has been a quiet and generally non-intrusive use in the past years when

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it was operating under the temporary permit so with that i will ask that if my client is present

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to verify my testimony and we're happy to try to answer any questions from the board thank you

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why don't you bring your client on i'm going to see if he's available i tried

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to communicate with him this morning i did not hear back um mr john can you please um

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raise your hand virtually if you're present they can uh vincent

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benson zing will be promoted to penalize great

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hi yeah i'm here hi sir could you please use your name and spell it for this

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stenographer yeah my actual name is wakan w-e-i-k-a-m last name is john z-h-a-n-g

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

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Yes, I swear.

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Could you please turn on your video if you have it?

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Of course.

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Yeah.

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Counsel?

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Thank you.

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Good morning, Vincent.

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Can you verify that you saw the screen that I presented to the zoning board and heard my testimony before the zoning board?

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Yes, I did.

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I was there all the time.

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Thank you.

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Can you verify what I have represented to be true and correct and adopt it as your own testimony?

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Yes, that was true and correct.

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Thank you.

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Questions from the board.

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Question for you.

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If this is approved for entertainment and assembly, will they need to come back for a specific use if that use changes?

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or is this open to any type of entertainment and assembly?

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I guess the question to Hillary, do we give it a temporary that way, doesn't stay that way forever.

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So, yeah, so it's the way it's written is assembly and entertainment as a broad category.

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So that could include nightclub, public event space, private event facility,

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and a couple other categories under assembly and entertainment.

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So that's how it's written.

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Sometimes when something doesn't fall into an exact category under assembly and entertainment,

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Ellen and I will just categorize it broadly as assembly and entertainment.

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Would it be possible, Hillary, to have a proviso limiting it from certain more concerning uses as assembly and entertainment?

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I mean, this space is back before the board a second time already because of a prior temporary permit.

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Yeah, so just give me one second to pull up all of the categories. I think I have them in my head, but I'm just going to double check. So for assembly and entertainment, there's casino, nightclubs, and public entertainment venues, movie theater, and event assembly facility. Those are the four categories.

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and and i believe my client's space is basically an event assembly space for gaming so you know we

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certainly wouldn't have any issues with restrictions against nightclubs and certain

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other aspects that would also fall under assembly entertainment so it

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aspects that would also fall under assembly entertainment so and in this um this is based

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on like reservations right it's not like a public people just walk in right this is a um this is a

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private uh gaming gaming club in a sense gaming room club so i mean i i would i would think that

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