civus
Hearing video

ZBA Hearing - February 1, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 1, 20235h 16m

height exceeding the required height uh so just to be clear we do not have a refusal for height

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we are not seeking any additional height we will build below 38 feet which is the allowed height

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in the neighborhood and i'm happy to bring up the refusal just to be clear um

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I hope you can see it on your screen right now.

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i i hope you can see it on your screen right now i've just pulled up the refusal

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I've just pulled up the refusal.

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We have one refusal for multifamily use.

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There is no request for additional height

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and we're building by right in all ways dimensionally.

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Okay, thank you.

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Certainly, thank you.

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Questions from the board?

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No, Mr. Chair.

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Questions or comments from the virtual audience?

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Chair, we have another call-in user with the hand raised to allow them to speak.

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Sure.

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Please press star six to unmute yourself, sir or madam.

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No, I was just following up.

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It was just me stating that we do support a single-family home here, okay?

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We did not say we did not support development at that property.

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Yes, it has been there a lot for a while, and we do support single-family home.

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But the thing about it is, at this particular point, we feel that he states that below 80 AMI, what, below 80 AMI as far as the city would be $170,000.

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And you have not, you will not, you're not selling that at $170,000, are you?

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Is that what you're saying?

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And then so we're not, and we're not, we're not dealing with that.

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We're not the totality of the price range.

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if you're going to bring in about lumber and supplies

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and Lella and I are going to allow you to talk about that

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then we should have the right to talk about the tax impact on this too

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and that's the point I want to

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thank you for your comments

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anyone else in the virtual audience

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no further answer

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planning commission

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thank you chair Bergman

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and members of the board

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David Vecto

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city planning commission

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the comprehensive plan recommends no change

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to the residential single-family zoning at this location. There is no unique physical condition

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or circumstances of this 1186 square foot lot that would prevent it from being used in conformance

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with the zoning code. We also note that the promised bus shelter is located in the public

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right-of-way and so cannot be tied to the issuance of a zoning permit. The City Planning Commission

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recommends that the board deny the use variance. There's been a lot, Mr. Whalen, there's been a lot

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of testimony. I'm going to take this back to the executive committee next Wednesday and we'll vote

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for it at 9 30. Okay. Thank you. Mr. Chair, this is Hillary. We'll vote it. We'll vote at 2 p.m.

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on this one. Oh, 2 p.m. Okay. Yeah. Thank you. All right. Thank you. And Chairman Bergman,

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I'm remiss. I forgot one point for the height for Mr. Holloman's comment. We did agree with

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the community to, so as the chair knows, you can build to 38 feet in height, and then you build a

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parapet wall above that for your roof, so it actually goes up to 42 feet in height. We agreed

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to remove that additional height to try to even further reduce the impact of the height on the

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block. Okay. Thank you. I appreciate it. Thank you very much. Number seven, MI 2022-005-112-905

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South 9th Street. Mike Gumbel is the attorney for the owner. Janet Stetschman. Letter of non-opposition

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from Bella Vista Neighbors. Letter of non-opposition from Councilman Squilla.

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Mr. Gumbel is back in as a panelist, sir.

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Hi, counsel, could you please state your name and spell for the court reporter?

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Good afternoon, chairman and committee members.

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Mike Gumbel, M-I-K-E-G-U-M-B-E-L.

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Right.

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

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I do.

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could you identify your client the relationship to this property my client is janet deckman and

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she is the owner of the property individual and our our vice chair ismail shaheed has a few questions

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good afternoon counselor do you agree to waive the reading of the refusal instead to its accuracy

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we do have you emailed all the exhibits that are required to move to proceed with this case

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five days in advance to this hearing we have thank you please proceed and share your screen thank you

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are you able to see that yes we're fine okay um good afternoon again my name is mike gumbel

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i'm representing janet steckman who's the owner of 905 south 9th street this property is located

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in the 9th Street Market area, a couple doors south of Christian. This is one of the visitor

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accommodation variances that we're seeking for short-term rental of the property.

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Here you have the refusal, and the only refusal is for

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Here you have the refusal, and the only refusal is for the visitor accommodations.

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There are no construction or anything other than an actual use variant that we're seeking for this.

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The property itself has commercial on the first floor, which is currently a dog grooming business,

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and then there's a single apartment on the second and third floor, so it's a bi-level apartment.

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The property has been owned by Ms. Steckman for a couple decades now. It's been in the family. And there's a tax clearance certificate posting.

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So several years back, I actually represented Ms. Steckman as a realtor trying to lease this property out.

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and we had difficulty trying to find typical long-term tenants because of its location in the

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market. Some of the issues that we encounter are the noise from the market on a daily basis,

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the trash, the traffic, and so it was very difficult to try to get this rented out as a

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long-term rental. At that point, her son and her decided to try to do a short-term rental and do

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Airbnb, which they've done for the last several years, and as you can see, they've got almost 200

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reviews for this particular property, almost five stars. So they've done very well with it.

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And it's been an excellent addition to the neighborhood in that your typical Airbnb guest

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is somebody coming in from out of town who's a tourist who wants to see the area. And really,

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there's no more iconic area in Philadelphia than the market itself. And so this is a great

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marketing opportunity for the market, for the businesses in the market. They have

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partnerships with several of the businesses to be able to provide some of the local items and

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flair from them to the tenants that are coming to stay at the apartment. Miss Steckman also is the

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owner of Anastasia Seafood, which has been a longtime occupant of the market itself, formerly

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at 9th and Washington, and now several doors up. So her family has been involved and is intricately

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involved in the market and seeing its success uh this venture for them has uh done very well

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and it's something that they would like to continue to do and for that reason we're seeking

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the variance uh to convert this to visitor accommodations and short-term rental uh while

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keeping the first floor unit as commercial would you want to have your testimony adopted by your

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client yes please i'd like to promote janet stephman

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please raise your hand if you're still in a virtual

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could you state your name and spell for the court reporter please

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they're waiting for the razor hand mr chair

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deckman

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Janet she told me she was in the room all right mr. Gumbel you're you're an

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officer of the court we will accept your testimony I'd like to proffer that

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testimony as exciting questions from the board no mr.

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questions or comments from the virtual audience

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no further hands mr chair planning commission thank you chair bergman and members of the board

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david vecto city planning commission the comprehensive plan recommends no change to

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the commercial mixed use zoning at this location there is no unique physical condition or

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circumstance of this property that would prevent it from being used in conformance with the zoning

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code. The city planning commission recommends that the board deny the use of variance.

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MI 2022-005-112-905 South 9th Street. I vote yes with proviso. Temporary variance expires 2-1-26.

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Thomas Holloman, my vote is yes with proviso.

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thank you counsel yes we're proviso thank you thank you thank you all take care okay number

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eight mi 2022 005086 1600 west gerrard avenue melanie lacy is the attorney um

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Um, letter of support from United Neighbors Alliance Civic Association.

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This will be returning as a panelist, sir.

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good afternoon mr chairman members of the board my name is melanie lacey that's m-e-l-a-n-i-e

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last name l-a-c-e-y i'm with claire harrison harvey in bransburg 1835 market street suite 1400

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philadelphia you swear a firm to tell the truth the whole truth nothing but the truth i do could

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you identify your client and relationship to this property yes i'm accompanied by kane patel who is

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a member of LCB Ventures LLC doing business as Liberty Grounds, as well as Sal Guerrero from

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Boxwood Architects. Our vice chair has a few questions. Good afternoon, counsel. Do you agree

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to waive the reading of the refusal and stipulate to its accuracy? I do. Have you emailed all the

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required exhibits into our office five days in advance to this hearing? I have. Thank you.

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please proceed and share your screen okay are you able to see my screen yes yes okay wonderful

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okay um as mentioned um by the chairman uh we met with well first of all this this application

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relates to um property located at 1600 west gerard avenue um and i will get into the reason

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for relief in a moment. So we met with the United Neighbors Civic Association in person on November

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9th, where the project received overwhelming support. They submitted a letter of non-opposition

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dated November 17th. And we are here seeking special exception relief for a proposed special

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assembly use at 1600 West Girard Avenue. So the establishment is called Liberty Grounds,

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And it's a restaurant bar with mini golf and other recreational games, duffel board, ping pong.

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And these recreational games are classified as special assembly uses.

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They were previously approved back in 2019.

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I'm currently showing you the prior approval under permit number 1005925.

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And this took place right before the pandemic.

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Thankfully, Liberty Grounds has done quite well in spite of the odds, and we're here today because they're seeking to expand the existing use within a neighboring vacant commercial unit next door.

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So here is an aerial showing the location. It's at the corner of Westward Avenue and 16th Street, North 16th Street.

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here is outside of the building exterior. It's behind these gray bay windows and the space that

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they're seeking to expand within are these two below these brown bay windows that I'm hovering

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over if you can see my mouse. So they would expand from this area all the way down

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to the corner below the civic sign. And the civic are the apartment residential units

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upstairs of the commercial units at the ground level. This is another image of the exterior

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and the intersection. So I'll show you the expansion area. So this is the interior of

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expansion area. And it's been unoccupied since the building conversion. The building was previously

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the former hospital building, and it was converted, as I mentioned, into the civic

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apartments with commercial space at the ground level. Here are additional photos of the vacant

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space in its current condition. And I will show you photos of the existing establishment next door.

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So as mentioned, mini golf, games,

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and dining space. And they do have private rooms that can be reserved to host events.

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Here is a key plan and I'll have to zoom out. So this is this existing sit down area. This

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is the expansion area on the first floor and then this is the existing sit down area and

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game room in the basement. It's bi-level.

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and here is the floor plan for the showing the expansion area as well as the existing

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and here is the floor plan for the

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so

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i will tell you a little bit about um liberty grounds before um we go into the relief being

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sought um they currently employ 25 to 30 people including waiters bartenders hosts dishwashers

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line cooks, and they provide a platform for local breweries, and their food is locally sourced

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for their menu of Asian fusion cuisine. The majority of patrons dine in, and a very small

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fraction of sales relate to takeout and delivery. And Liberty Grounds is open Tuesday to Sunday

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and closed on Mondays. Weekdays, they close at 11. Friday and Saturday close at midnight. Sundays,

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they close at 9 p.m., and they've never had any noise complaints. They're committed to

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keeping the interior and exterior of the establishment clean and litter-free and they

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often host charity events, sporting events for local teams and offer event space as mentioned

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for private parties. Their Sundays are actually designated as family-friendly hours. So in

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conclusion, the special assembly use won't be any more negatively impactful for the surrounding

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area than any other special assembly use along this portion of the West Girard Avenue

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corridor it's been amenity an amenity to the apartments above it as well as the greater

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neighborhood and it will continue to operate as a restaurant recreational and private event space

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the project has overwhelming community support as you can see from this letter and it's the

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application satisfies the standards of a special exception so with that i'll ask that you promote

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my client, Kanae Patel, to adopt my testimony.

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Could you state your name and spell it, please, for the court reporter?

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Hello, can you hear me?

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Hi, could you state your name and spell it, please, for the court reporter?

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Yep, Kanae Patel, K-A-N-A-Y, Patel, P-A-T-E-L.

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Right, 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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Proceed, counsel.

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Okay, thank you.

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Did you hear the testimony that I provided to the board this afternoon, Kinnick?

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Yes.

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And do you affirm that my presentation was accurate?

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Yes.

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Do you adopt the testimony as your own?

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Yes.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from the virtual audience?

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Do not see any further.

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Hi, Planning Commission.

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Thank you, Chair Bergman and members of the board.

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David Fecto, City Planning Commission.

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The comprehensive plan recommends no change to the commercial mixed-use zoning at this location.

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The applicant has shown the proposed assembly and entertainment will have no more of an impact than such a use would be expected to have.

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And so the City Planning Commission recommends the board grant the special exception.

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Thank you.

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MI 2022-005-086-1600 West Sherrod Avenue.

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