civus
Hearing video

ZBA Hearing - October 20, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 20, 20205h 24m

MI 2020-000725

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4861

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North Howard Street.

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David Garcia, are you the owner or applicant for this?

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Here, I'm sorry.

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I couldn't get through.

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My apologies.

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Yes, this is David Garcia, ID number 54351.

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Okay, but are you the attorney?

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Okay. But are you the attorney? Yes. Yes, ma'am. I'll promote you to a panelist.

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Yes, yes, ma'am.

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Can you hold one second?

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I'll promote you.

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Okay. Mr. Garcia, you've been promoted to a panelist. You can share your screen as necessary

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and you can unmute yourself and wait to be sworn in.

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Good afternoon, Mr. Garcia.

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Please identify yourself with a record name, first and last name, spell your last name.

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Good afternoon.

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David Garcia, ID number 54351, G-A-R-C-I-A.

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I'm here as counsel for the owner and applicant.

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Can I hear him?

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Excuse me, can you hear him?

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No.

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A little bit louder.

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Yeah.

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A little bit louder.

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let me just see if I can get closer to the mic maybe you could turn your volume up on your device

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that would also help yeah that's what I'm looking to do here let me just get here this is Sharon

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can I say that we had a letter of non-opposition from Councilwoman Sanchez on this I'm sorry can

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you hear me better now yes okay thank you I just have to keep part of this all right Mr. Garcia

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

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Yes, I do.

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Thank you, sir.

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Please proceed.

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You agree to waive the reading of its refusal and stipulate to its accuracy?

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That is correct.

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I agree.

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Also, have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal, or referral, photos, and plans five days prior

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to this hearing?

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Well, yes, but that was actually emailed August 10th by Mr. Luis Castillo and the applicant.

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Okay.

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And have you met with the RCO and have a letter?

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I have the RCO letter.

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I did not personally meet with them.

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I believe Mr. Castillo may have met with them as well as the property owner, Mr. Echotwege,

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Laura? I believe we do have a letter of support from the RCO in the file.

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Thank you. Let me see if I can do this. I can pull that out.

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We have a letter in our file that Sharon identified that.

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Okay. If I might proceed, Mr. Chairman.

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Please.

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Yes, this is a single-family home, a two-story building.

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We're appealing a denial of a variance wherein the client wants to reside on the second floor as a single-family dwelling

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and operate a grocery with, in addition to the sale of beverages and food, also having takeout food.

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and there's an issue here I wanted to bring up so that he wanted us to come off as possibly being

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less than candid with the board in the initial applications with a notice of refusal

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there was a proviso for a roof mount exhaust quite frankly the plans that were submitted

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do not have that exhaust and i think there may have been some confusion this application this

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variance that we seek is it's strictly for cold food um there's not going if you look at the plans

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and if you look at the symbols on the plans with all the appliance and equipment that is going to

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be installed um it's all refrigeration units it's not a stove there's no hot food that's going to

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be sold from this location. Mr. Garcia, excuse the interruption. Do you have any exhibits you

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can share with us? Yes, let me see if I can pull the plans here that I had. I know that were

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submitted. This is Sharon Saleta again. This sounds very familiar to me. Has there already

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been a hearing on this matter? No, there was a prior continuance on this matter.

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well where was the proviso regarding a roof mounted it was it was on the notice of refusal

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okay if you look at it it identified it as three use refusals and it had one zoning refusal

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and it indicates a quote with a proviso roof mount exhaust

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um and the plants just do not do not have that if i can i'm sorry is my screen coming up

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No, we only have a partial letter Z.

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Okay.

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Is the, but I'm sorry, is the, is the drawing coming up?

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Is the, but I'm sorry, is the, is the.

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Mr. Garcia, your internet is open with the screen of the Zoom and other windows that are open.

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If you could unshare for the moment, go back to your actual documents that you wish to present

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and share, click on that, then click on the green share button.

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I'm sorry, how would it be that I could be flipped?

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I mean, I have the, I thought I had the documents all loaded up.

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Do you have them visible on your desktop at the moment?

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Yes, I do.

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So you can click on them so that they're open and ready to show, then go down to the share screen button, right?

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Okay.

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And once you try to share the screen, those documents should be visible under there to click on and open to present.

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This is Sharon Sellette if I can interrupt for a minute I understand now where the proviso

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language came from. L&I does not generally impose provisos but they did include a zoning history

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that indicates that in 2018 the board granted a variance for a takeout restaurant on the first

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floor with single family dwelling above with proviso roof mounted exhaust commercial trash

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pickup and that was on August 1st, 2018. That's correct. I'm sorry, the panel, are you seeing

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the drawing that I just put up? Ms. Garcia, we see your drawings. However, if you could minimize

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your boxes of the Zoom so that it's visible for the whole screen.

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So you might see a little minus sign on your boxes of the Zoom. We're seeing those

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and is interfering from the board

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to view the whole plan.

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I hope you didn't hear that.

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Okay.

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Okay, I just requested control and I moved the screen so now the board can visibly see

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the plant. Okay, we see you now. Are you okay? I'm actually trying to open up my screen.

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Okay, Mr. Garcia, I gave you back control now.

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Well, that's debatable.

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I'm trying to bring in the entire, well, anyhow, I had put the plan up just to show if you

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see the symbols on the left side of the plan as I'm scrolling down.

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there's no kitchen, there's no stove that's going to be installed or fryer or anything of that sort.

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But I just wanted to bring that to the attention because I saw that in the notice of refusal and

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these drawings do not include that map that would have been at the very least on this portion of

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drawing. We do have support from the RCO, I believe it was indicated before from 42nd

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Democratic Ward zoning from Ms. Lindsay. In that report, if I could go through the report itself,

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there are photographs which are attached which indicate and demonstrate or show the security

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cameras both that will be registered with the city police department once assuming we get the

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assuming we get the variance

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Again, the first floor, the entire building will be owned by Mr. Leiva.

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again the first

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There's also tax clearances that have been attached for Leah Grocery Store, which is operated and owned, again, by the building owner, Mr. Etchetteghi.

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We also attached the tax clearances for Mr. Etchetteghi himself.

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12th the i would ask the board just to go back to the to the rco support letter which indicates

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that i'm scrolling down uh or have all the photographs uh of the other property at least

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like the exterior portion of the property um we also had approval and that was submitted from the

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the Farmore Park Commission as well as the Park Commission.

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A deed was also

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submitted to demonstrate Mr. Levin's

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or Mr. Etchetteghi's ownership.

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The one thing we did not submit,

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and I didn't know if it was necessary

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and I can't submit that and amend it, is the lease.

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That being that the grocery store is owned

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by Mr. Etchettaggy, for whatever reason, that was not submitted, but to the extent that

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you would like it to be submitted, I would certainly do that.

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Aaron, is that necessary?

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I mean, only if we do.

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If we have a copy of the deed, we don't also need the lease.

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Thank you.

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Well, then I will, if with the board's permission, assuming the variance was granted,

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then what I will do is I'll just email it or I'll upload it.

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All right.

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And I think if you can quickly just summarize,

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I think we get an understanding of what you're trying to do here.

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As Sharon mentioned, Councilwoman Sanchez, Letter of Mom Opposition.

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Correct.

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Basically, we just want a variance to allow my client in this case

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to operate the grocery store with the sale of cold food and beverages

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and use it as a takeout also for cold food only,

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and approval of the awning signs,

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which again were part of the drawings that were attached,

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that would be on the first floor

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and bolted in as set forth in the drawings themselves.

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And again, the second floor will be occupied

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by Mr. Etchotaghi, by his family.

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Okay, thank you.

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I'm sorry, Chair.

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Yes.

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Can we just pause for a second while I discuss with the council?

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Sure.

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Hold on one second, sir.

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Okay, yes, sir.

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This is Sharon Soletta again.

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This is very confusing.

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This is an existing use.

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the takeout restaurant grocery is an existing use. I believe the applicant went in for signage

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and a roof deck, but it appears that LNI once again refused the use, though that had already

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been approved in 2018 there's also an open area refusal um is i is there construction being done

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is this an existing building because i don't know why you would get i think what happened

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before my client purchased a property the prior owner had done some so-called improvements on the

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property and part of the work that's going to be done here is to um actually do what the proper

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permitting so it can be accepted. I think that's what you may you may be referring to. There's

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really no major modifications here that are going to take place. So the changes that were made by

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the prior owner changed the footprint of the structure? I believe so. I think that's what the

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issue was and he did it he did it on his own without any you know without following the

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formalities of here but but the i'm sorry that's okay i'm so sorry i have a cat here that keeps

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coming up on my keyboard but am i right that the use the takeout restaurant grocery

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and single-family dwelling that was all approved in 2018 it's an existing use

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I do not believe that the prior use was the restaurant.

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I don't believe the grocery store operation has been approved.

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Okay.

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So you were adding that and you were adding signage?

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Correct, the awning.

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correct yawning okay but the two-story addition it's not it's already a two-story building it's

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Okay.

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but the two

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already so this is a legalization of the two-story i believe so or addition rather i think there was

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an addition to that second story the second story had always been there and is the use

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it's the roof deck that's referred to in the refusal is that existing or proposed

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um that is existing okay and it's only going to be used by the family nobody else

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okay so you are legalizing additions and a roof deck that were at it without permits you're

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proposing new signage and you are proposing that the retail sale of food beverages and

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groceries be added to the existing takeout use is that correct that is correct okay thank you

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And I asked, Chair, I'm sorry, if you could indulge me, we have a request from members of the Planning Commission to view pictures of the roof deck and back addition, if that is available.

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Yeah.

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Okay.

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Let me see.

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You know, I do not think it is.

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I've been through the photographs.

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Can I just ask my client whether or not he has those available?

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because i know i have not seen oh there you go i mean i know that's part of the roof but i don't

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believe that there's any like a positive there's not any photographs of the um that's seems to me

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like nothing it's not new it's not anywhere close to being new unless it's is there the addition was

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put on the rear of the property i believe it was a rear part but could i just ask my client sure

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let me just

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your client on the line sir he should be on the line would he raise his hand if he could let me

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just, Mr. Lord, Mr. Tatega, could you raise your hand so we could ask you a question?

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Okay, so you're available to unmute yourself. You're going to wait for the cheer to square you

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in okay okay hi hi please please please identify yourself spell your first and last name

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