civus
Hearing video

ZBA Hearing - December 10, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Dec 10, 20256h 33m

Tanetta Graham, my vote is yes with proviso.

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Ryan McAdams, my vote is yes with proviso.

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Iowen, my vote is yes with proviso.

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Thank you.

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We're going to take a five-minute break, maybe six minutes.

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you look like you're rich when people came

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Number four, MI 2025, 004-398-10012, Santa Meyer Lane, Isaac Slepner is the attorney.

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Thank you.

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good afternoon chair and members of the board good afternoon counsel um you've already been

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sworn earlier today uh just for the record could you state your name yes my name is isaac i-s-a-a-c

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last name slepner s sam l larry e elvis p peter n norman e elvis r robert s-l-e-p-n-e-r

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Counsel, could you identify your client, the relationship to this property?

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Yes, my client is Mariam Star LLC, which is the owner of 10-0-1-2 Sandmeyer Lane.

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And with me is Zakeed Rasool, who is a principal of that LLC.

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And I would say that there's a letter of unanimous support from the Somerton Civic Association with 37 positive votes.

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Our vice chair has a few questions for you.

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Sure. Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing?

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Yes, we have. And do you waive the reading of the refusal and stipulate to its accuracy?

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Yes, we do. OK, thank you. You can share your screen and proceed.

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All right. Here we go. All right. Can everybody see everything there?

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it's coming up right now sir yep we said okay great so this is a copy of the

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notice of refusal that we just stipulated to and had read so I won't

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belabor that this is a copy of the deed to the property in favor of my client

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Mariam star LLC purchased deed was executed on 4 17 25 recorded on 4 21 20

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The property is a commercial condominium, so my client owns it, and he intends to open a food market and bakery, and we'll get to his plans for it in a moment.

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This is our initial application for appeal from the Notice of Refusal that we applied back in June of this year.

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Again, we're only seeking variants for use.

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This is the project information form that I also filled out and submitted with the application for appeal.

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This is a certificate of mailing to quite a number of neighbors.

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I want to say about 90 of them, all near neighbors that were identified by the Planning Commission's address list plus the RCOs and Councilman O'Neill's office.

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This is a copy of the address list as you can see and this is the actual letter to the neighbors

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advising them of the RCO holding the public meeting and just describing the refusal and

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describing what variants we were seeking.

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variants we were seeking. This is, as Mr. Chairman, you previously mentioned,

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This is, as you

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the letter of support from Somerton Civic Association dated 11-30-2025,

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recapping their vote of 37 in favor and zero opposed to the project.

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So now I will get into some photographs and I'll describe to you what we intend to do here.

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My client, as I mentioned, owns this unit.

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This is a photo of the entire strip center there.

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Now, this is zoned I-2, and this has been zoned I-2 for decades because it all used to be part of the old bud plant.

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And even when the bud plant was directly behind it, now it's a golf course.

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Golf course is still zoned I-2 for what it's worth.

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This strip center is also zoned I-2.

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The one that currently says healthy habits is ours, 10-0-0-1-2.

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and as you can see there is a pizza shop some catering there's a little skin and

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body spa here and some other food establishments this is my clients you'll

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notice there's already a pizza shop in here and because it is zoned I too this

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pizza shop at some point had to go through the same process and procedure

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that we're here on today as I mentioned my client intends to convert this space

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and this is a photo one of the interior. It used to be kind of a health spa sort

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of a establishment and it's been left mostly empty. Here's a second shot of the

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interior. Here is a third shot of the interior that's from the back of the

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place looking forward. This is a certificate of tax clearance that was

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issued on 11-21, so it's still valid for today. This is, I'm going to show you four

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photos of the orange poster having been hung on 11-19. Here's a close-up being

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hung inside the glass front door. Here's a very close close-up. Here's a mid-range

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shot showing the entire frontage of the property within the strip center. And

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and this last one is sort of a mid-range shot.

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So as I said, my client intends to open a market, a takeout food market and bakery,

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no dine-in, no tobacco license sought, no liquor license sought. It would be just very simple

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dishes from his homeland of Uzbekistan I believe I don't want to misquote myself

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on that so I have my client testify but in any event it will be a deli market

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and bakery with that I would like to have my client adopt the testimony and I

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I call my client, Zakeed Razul, who should be on this call.

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Zakeed, you're out there?

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Mr. Razul is coming back in as a panelist now.

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Oh, thank you.

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Isaac, these places have basements too?

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That's a great question.

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Didn't I see a picture of stairs going up, so it had to be the basement, right?

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No.

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Well, you know, that's actually a good question.

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You would think.

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You showed him where there was stairs going up.

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Well, I think there is a basement, and I think that he intends for the basement just to be storage,

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because I don't believe there's going to be a kitchen or anything down there.

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Yeah.

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Is he going to bait there?

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There's a key.

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Hello?

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If we can swear him in, I'll have him adopt my testimonial license.

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Could you please state your name and spell for the stenographer?

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My name is Zohid.

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Last name, Rasul.

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Z-O-H-I-D.

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R-A-S-U-L.

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

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Yes, I do.

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Proceed, counsel.

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So, Zohid, you're a member of Mariam Star LLC, correct?

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Yes.

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And Mariam Star LLC is the owner of 1001-2 Sandmeyer?

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Yes, sir.

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And did you hear all the testimony and see all the exhibits that I offered to the board today?

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Yes, sir.

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And was all of that testimony and all of those exhibits true and correct to the best of your knowledge?

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Yes, sir.

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And would you adopt all of that testimony as though you had given it yourself?

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Yes, sir.

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So I just wanted to ask you a couple other questions.

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I know the chairman had asked about a basement.

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Is there a basement in this place?

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Yes.

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Okay.

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And do you intend to cook, or is it just sales of prepared foods and bakery?

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And do you intend to cook or is it just sales of prepared foods and bakery?

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No, just preparing.

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So is there intended to be a full kitchen?

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No, basement, just preparing zone.

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Okay.

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Where would the baking be taking place?

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Upstairs.

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Okay.

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And I'm sorry, you've got to correct me if I'm wrong.

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You are from Uzbekistan, right?

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Yes, I am.

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I just didn't want to mischaracterize you because I know that the Uzbek food is delicious.

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I've been to some other Uzbek spots in the Northeast, and I just didn't want to mischaracterize.

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So thank you for clearing that up.

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I don't have anything further for my client.

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Questions from the board.

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Did I hear correctly?

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Is there going to be baking, not going to be baking?

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How is this going to work?

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So, Zeyd, do you intend to put in a full bakery oven in there, or how do you intend to go about this?

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Yes, it's going to be upstairs.

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We are trying to make a setup of a hood and a preparing zone upstairs.

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Basement doesn't allow to, you know, set up kitchen.

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Just preparing zone of a basement.

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so the basement would be limited to storage and prep that's correct okay and you're not

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i'm sorry go ahead go ahead oh i was going to ask you're not going to have um tables no dine-in

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correct no just take out okay so what kind of menu are we talking about sandwiches uh sandwiches

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Is there a layout plan for the retail space that shows the kitchen versus the rest of the space use?

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I don't believe we had submitted that. I'm not quite sure that I have one.

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And if that's something that the board would ultimately want to see before issuing a decision, I completely understand.

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But let me look in my files.

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If I had one and didn't send it, then that was an oversight by me.

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But I don't actually see one in my materials.

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Yeah, I think I'm just trying to understand.

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You've all been talking about it.

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It sounds characterized more as a bakery and takeout restaurant, and the request is for sales of food, beverages, and groceries, which usually I think of more convenience.

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So I was just trying to understand the layout of the space.

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Understood.

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Like putting in an order.

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yeah and i just i just want to note that sometimes these these uh like a bakery will

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get characterized by lni as retail sales of food beverages and groceries or could be a prepared

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food shop could be takeout restaurant so it does vary a little bit how it gets characterized by

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lni and i know he said he wants to add a hood so i've i'm really interested in like the layout

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of the kitchen and the right i'm assuming the vent is everything's going to be vented through

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the roof that would uh that would seem to be the case yeah or out the back and then that the

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basement is only dry dry goods yeah dry and storage okay and did i hear something about

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prep prep some sort yeah in the basement um that yeah you know that seems to be the intent right

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now but that can always you know the layout can always change of that if if need be

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i really i really think flexible yeah so we we really need to see something because you know

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you need to have um uh yeah you need to have commercial equipment you need to show you know

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what you're going to do about whatever this baking is if there's going to be an oven what

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vending is going to be and if you're talking about food prep you need to you know show us

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where you're gonna where you're gonna do that yeah understood i think my last question is really

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around trash it does look like there's a drive aisle right behind the building that surfaces

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all of those the storefronts and i can't really tell from aerial views where the other food

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businesses in the strip mall are storing their trash yeah and it's like another road parking

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at the rear there's parking at the front and see you're there fairly frequently

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you could probably speak more to this there's parking at the front I would

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have to imagine there's a commercial hauler that all the all the units at

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Imagine there's a commercial hauler that all the all the units at the strip use or the association hires.

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the strip

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Is that correct, Z? Yes. OK, so there's commercial hauling and all the trash is what dumpsters at the rear.

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That's correct. OK. And as for the as for the parking, it's you know, it's already a strip center.

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So they've got a parking lot at the front. Yeah, it just looks like the neighboring property,

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which appears to be the what the collision center has a role of parking that's next to this drive

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aisle at the rear which is why i was sort of asking about their venting i see yeah yeah zeed

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have you begun yeah the pizza shop would be vented through the roof i would zeed would you be venting

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through the roof or out the back uh it's a roof because uh pizza shop and uh you know indian

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catering also they did uh on the roof okay so you so there's a precedent there for for there

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having been um venting out the roof yes two business uh doing it on the roof okay

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already do we want to make this a uh resumptive i mean if the board would like to see i mean i

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think we have to see something okay yes we can we can do a resumption that's fine we can use the

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date there yeah um why don't we see uh why don't we go through the you know door see if there's

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anybody is there anybody in the virtual audience with comments about this i see no hands here

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planning

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good evening chair michael gall with the philadelphia city planning commission

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m-i-c-h-a-e-l-g-a-l-l do you swear or affirm to tell the truth told truth nothing but the truth

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i so affirm please proceed sir the comprehensive plan recommends a change in the zoning for this

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location from i2 medium industrial to cmx2 commercial mixed use the proposed use would

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be allowed by right under the proposed zoning and is consistent with the configuration of the

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current structure planning commission therefore recommends the board grant the requested variance

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for retail sales of food and beverage so hillary will have to go with the february date all right

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so we're going to have a resumptive hearing for this isaac understood february 3rd

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2026

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I'm guessing that's a Wednesday

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but I'll look at my calendar

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so just to be

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just to be clear it sounds

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to me that the board would like to

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see some sort of an interior

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floor plan and site plan

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of a particular place

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and answer the questions

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where is he going to vent and things of that nature

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