civus
Hearing video

ZBA Hearing - May 7, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 7, 20255h 57m

intending on doing? We have a lot of variety of food because we're in like a neighborhood where

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everybody's different from spanish food to american food to jamaican food just a lot of

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different options for our area um and then i know we didn't speak about the basement the basement

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as of now will be like our stock area storage yes right now i have a big um i want the pictures is

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here i'm so mad they're not being here but it's like a walk-in refrigerator that basement area

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has a cold box down there that has been approved it's in a licensed area um and storage area for

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from the um board of liquor control um so that is it has always been licensed um and it has always

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been part of that first floor bar um and what we're really looking to do is extend this up

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to the second floor so she has more seating and we literally don't have nowhere to put the kitchen

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at downstairs on the first floor if you see it's really really teeny and upstairs was a kitchen

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area but it just wasn't approved so when we when i boarded i didn't have no clue that it wasn't even

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a two-floor bar and the liquor license is is for a two-floor bar so i'm just totally confused on

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what happened but we don't have a room to put it downstairs we definitely need the upstairs to be

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for more seating and to be able to have a full kitchen.

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Let me understand. Do we have tax compliance? Do you have a form for tax compliance?

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I submitted a form for Ms. Abriel for tax compliance.

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Yes. It is in my computer.

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You submitted it to who? There it is.

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Okay. Yeah.

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Yeah, my apologies. And I did, I don't know if it's showing up or not yet.

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I could have sworn I did it on Monday. I do have a copy of the letter. So what Ms. Patio is trying

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to do is trying to bring back a neighborhood commercial business into an area that has

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businesses on the four corners. Just continue the use. You will see that the meeting was noticed.

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You will see that the meeting was noticed.

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It was done back in early November of 2024, I believe, or late October of 2024.

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It was done back in...

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And due to a comedy of errors, administrative errors, I was not the one who originally applied

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for the zoning appeal.

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And so all the documents were going to someone else as opposed to me.

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So this had been continued once due to surgery for me and then once because nobody was noticed and it wasn't properly posted.

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So we made sure that was done and we're given a short date.

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And I can tell you, and I will submit this through the system, the Kensington Independent Civic Association, which is the ROC, did state applicant attend in the required meeting in the community.

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It was agreed the applicant's request was approved with the following provisions.

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and those are installations of cameras and lightings trash secured uh management will

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keep the property free of trash and vagrants to the best of their ability and sunday to thursday

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they will close at 12 a.m um and impact services had a representative the meeting is willing to

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work with applicant with city programs for the cameras and lights and i will submit that to you

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yeah so you know what i i do think though before we vote on it we should at least see what it looks

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like inside absolutely so so so so i do have mr nevis on i believe he is available and he can

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discuss yeah i mean he can tell us what it looks like but i i do think we need to at least see so

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what i would do is all that that's all everything that's inside that this is what is inside miss

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Patio had to wind up calling a locksmith

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to break in. The locks were just...

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It's been two years. I lost the keys.

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I couldn't find them. We didn't do no work.

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I literally just got a locksmith yesterday

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and went in there and took all those pictures.

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$25 to print them out.

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There's literally no way to get upstairs

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unless you walk through the bar.

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Here's...

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I'm going to let the board have some questions,

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but what I'm going to do is

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we're not going to vote today.

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We'll vote next week.

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and i want copies of the inside that everybody could see okay so what you're basically doing

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is the first floor and the basement was used for the bar before and now you want to spread

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instead of third floor correct okay questions for the board then i guess we just got to see

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if the um provisos are enforceable that was the trash could be important and the times

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yeah cool what the trash and the times times if they're asking for me yeah yeah they are legally

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um permitted to um stay open until 2 a.m um miss patil why she would like to like to be able to do

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that um she does understand the concerns of the neighbors during the week um and i think she's

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going to be willing to work with them to keep noise down because that's why we need to figure

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out that they're forcible because the liquor license come with certain hours um that you can

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operate right and but we review that with our attorney and make sure we align that and as i

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was going to say um the previous owner um the previous bar it was just a raucous bar that was

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you know things were not you know it was not a great place let's let's look questions for the

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board. Yes. Question. How many seats do you plan to have on the first floor? How many seats on the

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second floor? We could count them as literally 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 seats will be on the

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first floor against the wall. And then as you can see, it'll be 1, 2, 3, 4, 5, 6, 7, 8, about nine seats

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against the bar and then we have two seats in the back by the bedroom and then upstairs is tables so

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people can actually have a seat and have a good dinner we have one two three four five tables and

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we have a small bar area and also two bathrooms up there with the kitchen okay and the venting

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for the kitchen is through the roof yes in the back where the kitchen is yes it's nowhere near

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the bar or the seating area. It's all the way on the other side of the building. All right and the

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layout for the kitchen you've discussed with the health department? Yes everything is laid out and

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noted. You can see literally what everything is going to be and where what everything is literally

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on the pictures. Okay. Our three compartment sinks, our refrigerators, our stool top, everything is

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literally listed on that first picture to the but this was a plan that you went through the

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health department to make sure that the kitchen is laid out properly um i'm not sure that we can

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ask mr richard but he's definitely a licensed architect so he kind of knows how um the health

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how um the health department wants things done because this is not his first encounter with a

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department wants things done because this is not his first encounter with

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bar so he did it to his knowledge of you know everything that he's seen and everything that

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he knows but i'm not sure if he if it went to the health department as of yet you got to get a

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license from the health department yeah i know that he just was saying that is this like how

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the health department will want it and from my knowledge it is because mr navius that this is

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not his first bar like he he taught me a lot i'm gonna be honest so right i will believe so i i i

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did code enforcement work for the city for a while with the health department yeah so um there are

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certain layouts for um uh kitchens and that's what i was really asking about like you know the hand

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sinks the three bay sink that's it's all here you can literally see the two compartments sink the

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hand wash sink everything is there okay and miss gaston what we will do is she's been stalled

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for so long with this zoning that she hasn't proceeded with those portions so once she is

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zoning and and permitting and and the construction starts to get done that's one of the steps

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is going to be to apply to the health department you know provide the plans to the health department

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if any changes need to be made then they would be made at that point with the architect with

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miss patel based on what what the health department would require because obviously

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okay okay question other questions for the board what is going to be the use that's in the open

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lounge area on the basement because it sounds like we're trying to shift primary activities

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to the second the first and the second floor instead of the basement in the first floor

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so what are you going to do with that space that you're reclaiming in the basement it's just going

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to be like for storage okay so just expanded storage yes we have closets down there the

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store liquor and supplies we have a mop sink down there so you know when we need to clean we can have

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our mop sink somewhere safe and we just have a the storage off slash office and then we also have

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a utility area i think what they're concerned about abriel is it says open lounge area that's

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not going to be for customers oh no no no no no that's just an open just an open floor i think

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he might have just it was like an area but we're definitely not going to be sitting or serving any

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liquor in a basement that's just definitely for storage the stillings is way too low we can't even

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barely walk and then on the first floor i know you just said that there's 15 seats but that is a

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banquette booth seating that's against the wall so that is actually capacity for like 42 persons

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on the first floor correct yeah they're they're basically like booths but it just look like seats

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but it's basically like a bench and then what you see in front of it is a table all right no no i

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can read the plan i just said 15 seats and that's that's 42 seats i think you meant 15 tables 15

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tables yes i'm sorry okay and then um for the bathrooms at the rear i see that they have the

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five foot turning radius for wheelchairs and i just is the first floor fully accessible yes we

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have a ramp outside there's a ramp outside okay just just so you know that the three foot two

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in between the chairs once people are sitting in them um that's going to be a tight alleyway

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for any person with a wheelchair to get through so it just might be something that you want to

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look at are you saying like between the bar and the tables between the seats at the bar and the

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seats at the table right now they're depicted and they're not like where they would be if a person

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was sitting on them so like that you know depending on how far back a person pulls their seat or if

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you allow people to stand at the bar that is a three foot wide walkway so it's it's tight so

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it's no seats on this side of the booth so literally it's a bench and it's a table it's

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no i understand you i'm just letting you know that there's a three foot clearance thank you

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that like with movable furniture which means that if a person move the furniture back too far

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it might not be clear so that might be something more if we have to because we have a lot of room

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beyond the bar we definitely will push it back more if we have to other questions uh yeah the

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takeout question how does that work do they have to go all the way up to the second floor to the

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kitchen area or how would you work in case to take out? No, they will order downstairs and

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the servers will bring it down and they'll take it out. We have two doors. So one is on G Street

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and one is on Tioga. So it will work kind of like that. They wouldn't have to go upstairs to order

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and do nothing if they leave it right out. So you're saying one of the doors will be designated

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for takeout? I'm not going to say one of the doors will be designated, but definitely takeout

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will be done downstairs. They will not have to walk upstairs to the kitchen if they're not

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going upstairs, but like the

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bar in the OJ area. Thank you.

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Welcome. Questions from our

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attorney? No,

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attorney no chair other than just i agree that we we should hold this uh just the board can

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Chair, other than just I agree that we should

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hold this.

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receive its requested materials yep questions or comments from the virtual audience

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i do not see any hands with the jet planning commission do you want to wait for the photos

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or no i'm fine to testify thank you um amy war with the planning commission the comprehensive

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plan recommends a change in zoning at this location from residential single family rsa

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to commercial mixed use cmx2 that would allow a sit-down restaurant buy rate and a takeout

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restaurant with a special exception additionally the property has a documented history of restaurant

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use since at least 1934 the planning commission recommends the board grant the requested variance

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for a takeout restaurant i'm sorry i misspoke um the planning commission recommends the board

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grant the requested variance for sit-down restaurant and for takeout restaurant but

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with proviso takeout accessory to sit down restaurant okay um we're going to hold this

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till next week uh it's going to be closed other than the photos that you send us and maybe if

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listen to me listen and maybe at the same time could you send us photos of the outside that

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would show the two doors she just talked about so get that down to us as soon as possible i and i

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believe the posting photos show that but i will get better photos sure and we're going to vote on

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this 6 6 14 at 9 30 a.m it's closed other than the issues we just spoke about 6 14 or 5 4 5 14

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and i will ask for you i got june on my mind yeah it's summertime we're about to lose our

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funding for this bar okay sure um what i was going to say is i'm going to ask um i can give

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you i can scan uh i just had a death in in the immediate family so i'm not going to be in my

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office for the next several days it's okay but i'll get them um to you no later than monday okay

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okay sure that's fine and we would also like to submit the updated plans that move the stairwell

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please do that okay thank you excuse me keisha can help you mr chair i i also want to note that the

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the record should still be open for the uh i do have a note from hillary regarding the the tax

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compliance form we got it well no she's apparently the the one we received is is is is incorrect the

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property is still not so there's right 2024 that's why i asked for before there's an issue back in

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in 2024 right okay um apparently there are okay please i i we got so you know where we stand yes

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and please get it done get all of that done thank you thank you for your time and we appreciate your

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time in person I like in person all right thank you all right number five MI 2024 007372 4722

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Wellington Street Vern Anastasio is the attorney there's a letter of non-opposition from Takuni

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Civic Association with the proviso

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i'll be coming back in as a panel shortly mr chair thank you

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morning mr chair good morning council could you please state your name and spell for the son

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sure vern anastasio a-n-a-s-t-a-s-i-o you swear or firm to tell the truth

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told truth nothing but the truth i do um could you identify your client the relationship to

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this property uh yes i represent mr claudio bilas who is the owner of the property sure our

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vice chair has a few questions good morning counselor do you agree to wait to read another

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refusal or stipulate to his accuracy good morning yes i do have you emailed in all the required

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documents and exhibits that's needed to proceed with this case five days in advance of this hearing

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i have thank you please proceed and share your screen thank you

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4722 wellington we're going to start with the taconi civic association letter to

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the zoning board uh they we had the meeting on the 25th of march

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in person and uh as the taconi organization states the property uh our our proposal was

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for a two-family dwelling the property has been a two-family dwelling for some time

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uh and sometime uh based on the uh information we received and submitted to the board moving

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it into evidence with the history of the property is 1967 was when it looks like this property was

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at least identified as a two-family dwelling in the Philadelphia Zoning Archives, it was already

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in 1967 an existing two-family dwelling based on the materials. So this two-family dwelling is a lot

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This two-family dwelling is a lot older than me, and we're just looking to legalize it again.

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older than me.

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So with that, here's the zoning map.

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I'm going to go to the top of the exhibit packet.

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I have a 56-page exhibit packet that I'm going to move into evidence at the end of my presentation.

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The property is zoned RSA3.

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It generated a refusal.

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And here's the existing layout.

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Here's the front steps where my cursor is.

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I'm sorry.

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Here's the front steps where my cursor is.

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And there it is right here.

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Here's the first unit is the living room, large kitchen, and you've got a bedroom on each side.

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