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Hearing video

ZBA Hearing - October 7, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 7, 20265h 59m

pointed out earlier to the parking lot now and I'll and I refused to propose

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use and said I noticed a refusal let me show that to you know right here and I'm

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going to make it visible we're visible let's see if I can get it there fit to

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with okay there it is okay and the refusal was based upon um the proposed use an event assembly

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facility is expressly prohibited in the ca1 commercial zoning district today algen respectfully

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requests that the board grant it a use variance without provisos to create an event assembly

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space at 5416 and presents the following and support thereof the ZBA's records

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support alger's request for a variance specifically 15 5416 was in a

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residential district zone r5 in 1970 nevertheless on January 22nd

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Just give me a second here.

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There we go.

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And I just need to increase the size of this.

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Let me see if I can get a visible fix.

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There we go.

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Nevertheless, on January 22, 1970,

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the ZBA granted a use variance to the American Bakery

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confectionary workers international union so that it could erect offices and a meeting hall on the

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property now i couldn't get any records of that and find any records of that 1970 transcript or

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a meeting but on this um refusal which i'll discuss a little bit later that was issued

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And on September 11th of 2014, here in the box here with the, you see the little blue here, it says, see application 6167-K, Zoning Board of Adjustment Calendar number 691182, ZBA granted a variance for the erection of offices in the meeting hall in R5 Residential District on January 22nd, 1970.

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well that's important because it shows the historical use of the property and

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that the property qualified for a use variance at that time because the

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partial was unique no okay the 1970 use variance of circumstantial evidence that

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can leave this board to conclude that the 1970 zba found all the criteria for the grant of a

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variance had been met and that the denial of the variance would result in an unnecessary hardship

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in 1972 the union erected the one story a one story 6 500 square foot building let me get to that

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okay square foot building okay here right here it's offering memorandum when I purchased the

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building and it says here yeah the building was be used for four decades by the Union and it was

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zoning approved for a religious religious assembly now here are some photographs right here we have

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to the right in this red this part of the photograph that's encased in red

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that's the footprint of the building and this this is the 300 block of Lima

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This is the 300 block of Lehman Street here, and this is the 5400 block of Rising Sun Avenue.

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Street here and this is the 5400 block

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This is important because, as you can see, Lehman Street is vacant, was vacant in 2015,

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and the 5400 block of Rising Sun on the north side of the street, on the east side of the street,

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was practically devoid of parked cars.

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so there'll be plenty of parking if this variance is granted now here are the

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offices they're in the front of the building and this is the meeting room

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as it existed in 2015 that's the stage and this is a rear this was the beer

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cooler that they had in a hall this part in the front was a credit union and in

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2014 oh by the way although the Union Hall was used as a was used by the Union

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it was also rented to non-members for events it was in essence an event space

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until 2014 in 2014 a religious entity attempted to purchase 5416 the

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purchase was contingent upon it being able to use 5416 Hall as a knave for 275 attendees as you can

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see right here that's where that's stated okay the entity applied for the zoning permit and it was

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refused on september 11th 2014. lmi refused we're going to go to that notice of refusal i referenced

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earlier um because the proposed use a religious assembly is prohibited in the ca1 zoning district

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the entity appealed to the zba and on december 2nd let me get to that

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and on december 2nd the zba pursuant to application number 546138 calendar number 23742

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after public hearing granted the religious entity the use variance without further conditions

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and that should lead this board to conclude that in 2014 the hardship that

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existed in 1970 and was still in existence and was actually compounded

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by the construction of the erected the offices that were erected and the Union

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Hall because that's a very unique building in and of itself so the ninth

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the 2014 used variants is circumstantial evidence that can lead this Board to conclude that the

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2014 ZVA found all the criteria for a grant of variants had been met and that the denial of

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the variants would result in an unnecessary hardship. In addition, while deciding the used

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variants, it is arguable that the 2014 ZVA also concluded an additional layer of uniqueness

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attached to 5416 when it granted the Union's 1970s use variants.

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Specifically, the 1970s use variants allowed the construction of a unique building upon a unique parcel

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and such compounded the characteristics of uniqueness to 5416

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and exacerbated the hardship that existed in 2014 and still exists today.

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importantly the parcel's physicality remains exactly as it was in 1970 the building's exterior

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constructed 54 years ago in 1972 is the same except for the color the addition of an access

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ramp and two exit doors the hall and interior are essentially the same most importantly Allison did

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nothing while creating the center to exacerbate 5416 hardships those hardships include but are

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not limited to the following the building is only approximately 14 feet high the building is built

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on a thick concrete slab which hinders interior layout revisions as listed in the addendum

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attached to a letter submitted with the application which is part of exhibit number one at pages 10

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to 11 the building is limited with regard to other zone uses because it's either too large

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or too small it would require almost complete demolition for other uses changing neighborhood

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demographics and aging population changing trends related to online shopping banking and other

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services and changing trends in child care adult care and in-home senior care given the compounding

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and in-home senior care given the compounding of 5416's uniqueness resulting in an exacerbated

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hardship as shown by the zba records i believe that algin has provided now sufficient evidence

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for this board to reasonably find for the third time that one 5416's unique physical character

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with these conditions and our circumstances peculiar to the property is was and will remain

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a hardship two the property cannot be used in strict conformity with the zoning code

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because its physicality prevents or serious or severely restricts the uses permitted as a right

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or with special exception and a variance is therefore necessary to enable viable economic

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use of the property and three the hardship cannot be cured by grant of dimensional variance

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with regard to whether to propose use would harm the public interest as set forth in zoning code

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section 1403 so section 8 e 1 b through h the use variance if granted represents the minimum

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variance that would afford relief and will pre-represent the least modification possible

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of the use regulation in issue for example I'm sorry hold on for example

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there have not been and there will not be any changes in the building's

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exterior the parking lot fencing are the partial or substantial exterior changes

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caused by the proposed use the the proposed use is similar to that of

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i should sit down restaurant and it sits down restaurant at 54 16 was which was permitted as

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right just give me a second to catch my breath and and drink a little tea so i i i i um i think

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i think you've made a pretty good case i mean if you if you have a little bit more please give it

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to us but did you need to see the exterior the interior photographs you did we see them

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you see them yeah yeah that we i mean of the current but okay if you feel i've made my case

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a pretty good case well i'm ready i i i you've made a case to me so i mean there's other board

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members i guess the question would be how are we going to go about doing this if i think i can do

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workaround okay um attorney brooks do you have the um keith renwick who is the vice president

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and secretary of the corporation available today oh he's here oh he can he's here in the room with

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me he can adopt the testimony then okay if not i had to work around but okay okay why don't we

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have that person come on and we'll take their name and swear them in okay um i think he he's

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that he's in there now can you see him on the camera okay let's see if he puts his hand up

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do we see his hand another person no he's with him can you can you see him no i i see him he

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sort of comes and goes it might be helpful if you turn off your background you have the property

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take your background oh okay hold on let me see if i can okay let me see if i can do that

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okay hold on for a second okay here i'm at the background now let me see what do i do with that

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how do i do that oh there are where did you pop up keep here here why don't you why don't you why

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don't you take my seat okay there you go give him your seat there you go take my seat you take the

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president's seat hi how are you sir could you please state and spell your name for the stenographer

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sir please state and spell your name all right my first name is keith keith my last name is

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renrick r-e-n-w-r-i-c-k do you swear or affirm to tell the truth the whole truth and nothing but the

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truth he's talking oh he was talking to you i'm sorry go ahead you swear to tell the truth the

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whole truth nothing but the truth yes okay counsel you want to ask them about

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the doctor in your testimony why don't you give him back to your phone so the

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lawyer okay he said give it back to you Dave no no he needs to stay there he

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needs yeah counsel you've got to ask that person does he want to adopt your

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testimony okay if I could make an adjustment to the speakers that would

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that would really help go ahead okay okay can't you just call him back and

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really help.

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Go ahead.

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ask him to take your top your testimony okay Keith go ahead can you hear now

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I can use okay I must remember did you hear my testimony that I gave to the

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on board yes um was it truthful and correct yes you adopt that testimony as your own yes thank

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you thank you questions from the board i have a question just about the operations of the extra

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space is this going to be done by the current restaurant tenant or is it going to be a separate

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business entity that's handling and staffing it it's going to be the same it's going to be

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all run by algin okay so algin is the owner of the property and the operator of the restaurant

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of the restaurant and of the proposed event space the event space okay so okay understood and then

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my second question is in terms of this event space because i see that you also talked about

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it being spillover space for the restaurant how often do we think that rear portion

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is going to be used.

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Excuse me, can I bring that back up?

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There we go.

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Here is the restaurant, okay?

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And by the way, I built that.

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Here's the overflow room for the restaurant.

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There was some confusion, I think,

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at the RCO meeting,

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which, by the way, gave unanimous support.

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And there should be a letter

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in the file that I submitted,

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which is which should be part of the exhibits we have we have that we have that okay this is the

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overflow room for the restaurant as you can see there goes the piano right here and my microphone

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because i'm a jazz vocalist and here goes the piano there this is the main room for the for the

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99 seat sit down restaurant so there won't be any overflow from the restaurant the uh the event space

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will operate separately if you would like I submitted a plan would you like

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to take a look at the plan to get a visual of the building or is that

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necessary if you would like to bring it up we could look at it but I think you

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answered my question okay I won't be using the overflow space it is only

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going to be for private events I'm sorry um would you would you clarify that

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question for me please the restaurant will not be using that overflow room for regular food service

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it is only going to be for private events oh no i'm sorry there's still some let me try to clarify

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once again okay the proposed event space is completely separate from the restaurant understood

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Good. Okay. That part I got. Okay. And the restaurant's overflow space is supposed to be

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used when the restaurant has more than, let's say, 50 or 60 patrons in the main room. The

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overflow room, the additional patrons would go there. So we're talking about three spaces,

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the event space, the restaurant overflow room, and the restaurant primary room.

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no we're talking about just pull up the floor just pull up the floor plan okay thank you okay

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the restaurant is one room hold on let me sit right here here we go let me let me make a visible

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okay make it visible okay okay here we go this part right here is the restaurant

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see it this is the front of the building yeah see that there's a wall right here

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yep okay does that answer your question no where's the where's the overflow you keep talking about

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where is that this is the i call it the overflow room so but it's all so it's just the restaurant

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though it's just it's just the restaurant just the restaurant okay so it's the restaurant

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and this space in the back and that's it that's it all right okay gotcha all right okay so back

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my original question the space in the rear is only going to be used for private events yes

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how often are you anticipating that this room will be booked

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i would say maybe

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it would ideally it would be it'd be booked maybe two or three times a week um it would be used for

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birthday parties, graduation parties, anniversary parties, they use for weddings.

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birthday parties, graduation parties, anniversary parties,

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they used for weddings.

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It would be used for repass.

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It would be used for...

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Okay, I think we got the idea behind the types of events.

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My second question, is the restaurant the exclusive caterer

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for the event space in the rear,

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or are people who are going to rent it

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able to bring in additional or different food?

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The people who rent the space,

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if they want to bring their own food that's fine if they bring in a caterer they will have access

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to the restaurant's kitchen okay and then what is your plan for the management of trash

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okay now i showed you a photograph of the trash pad and i have i'm not talking about where it

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goes i'm talking about the staffing of it right because you have a group of people who are

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employed currently to run the restaurant, bringing in this additional use is going to increase

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like how much you need them. So I'm asking more like on the staffing side,

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how is the event space being staffed? There will be a staff assigned to the building

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whenever it's in use, whether a restaurant or whether an event space.

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The staff will consist of my employees.

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I think how many employees I have now, Keith?

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I don't know.

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About 15 employees right now, Algen has.

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So the staff will be assigned.

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And, of course, we'll call in part-timers and experienced staff when necessary.

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And the plan is to have the building cleaned immediately after every event.

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the trash all bagged up all disposable all properly disposed of okay any other questions

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questions from our attorney um i just wanted to lynn reidel huber board council i just wanted

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to clarify is the event assembly for the whole entire building or for that portion that's walled

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off well i would ideally it should be for the whole building because i mean that's fine that's

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it says entire life that's all we want to clarify thank you questions or comments from the virtual

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audience i see no hands here planning commission amy boy with the planning commission the

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comprehensive plan recommends a change in zoning at this location from cmx sorry from ca1

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