civus
Hearing video

ZBA Hearing - April 29, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 29, 20266h 24m

I'm going to ask the good Mr. Updegrave to field that one.

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Yeah, we have approval from PWD to install an inlet, which will then connect to the city sewer. So this property will be graded and drained towards the sewer. It will not run off. The new impervious will not run off towards the streets.

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Okay. And have we thought about using the pavers or things like that as opposed to, what do you call it? I'm blanking out.

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like per like per pervious pavers is that exactly no we versus impervious yes yes yes

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yeah we we have not considered that due to the size of our lot we you know per pwd requirements

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we actually don't need to meet stormwater requirements we just need collection and

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conveyance which is what we're proposing okay and i guess the other thing is um

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it says here the property is consolidated for tax purposes but

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here the property is consolidated for tax purposes but is considered to be two separate parcels

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on the city map so are you planning to consolidate that's so for for zoning purposes this 120 122 is

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one lot i believe that it's one of those funky deed registry issues where you have two registry

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numbers here which i think is what we're depicting but for zoning purposes and tax purposes it's one

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lot existing today um the lot will work in unison with the southern lot via that cross access

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easement that i uh put into evidence okay all right thank you you're welcome questions from

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our attorney not at this time the comments from the virtual audience i do not see any hands mr

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chair commission amy boy with the planning commission the comprehensive plan recommends

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no change in zoning to the current cmx4 commercial mix use the plan has not demonstrated that there

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are unique physical conditions or circumstances of the property that would prevent it from being

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used in conformity with the zoning code the planning commission recommends that the board

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deny the requested variance for non-accessory parking mi 2025 007 627 120 to 22 north 19 street

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i vote yes john's my vote is yes sir augustin my vote is yes jenetta graham my vote is yes

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ryan mcadams my vote is yes my vote is yes thank you very much thank you

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thank you number seven mi2025-007-696-333 north 10th street david orphanetes is the attorney

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um i don't cnm i don't we do not have an rco letter as of yet am i correct hillary

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there are letters so we have a letter from council member school's office which indicated

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the rco was in support and provided a list of their provisos but we don't have a copy of that

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letter we do have a copy of a letter from china from yes from an affected rco that lists some

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similar provisos okay restore for needy's that would come up I can also plan of a

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shortly messenger good afternoon we have to do a council could you please state

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your name and spell for the stenographer certainly my name is David orphan edie's

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last name is spelled o-r-p-h-a-n-i-d-e-s you swear or firm to tell the truth the

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truth nothing but the truth i do did you identify your client a relationship to the property

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uh my client is the trustee pets department llc and they're a tenant of the ground floor

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commercial unit and our vice chair has a few questions for you sir good afternoon have you

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submitted your documents and exhibits five days in advance of this hearing i did do you waive the

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reading of the refusals and stipulate to their accuracy uh you should have an amended refusal i

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want to make sure we're looking at the correct refusal but i do stipulate to the accuracy of

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that and that was amended with the authorization of this april 16 2026 mr urbanides uh let me just

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take a quick look yep that is correct and then um and in terms of the position letters um there is uh

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uh the as you mentioned the letter of support with provisos dated february 20 2026 that i received

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today um or it's a letter of non-opposition with provisos i'm sorry that references the

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letter of support with provisos but that is from i did receive the letter of support um

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with provisos from the cal calahol neighborhood association who is the coordinating rco yeah if

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you could forward that to us yeah we didn't get that we got the china tinatown cdc yeah but not

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not Callow Hill but yeah it's not some over school's letter well it's funny

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because I didn't get I didn't get a I didn't get the Chinatown CDC's one so

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so together we'll piece it we'll piece it together certainly so let me share my

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screen see right here okay there we go this minimizes subject property is 3 3 3

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north 10th street it's property located on the northeast corner of north 10th and wood street

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um you have a picture of it here on the screen in front of you um it was a building that was

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permitted following a subdivision of 920 to 920 to 26 ridge avenue which is the property you see

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further uh to the right down uh wood street uh for the erection of a three-story building with

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multi-family above uh three accessory parking spaces you can see them right here access to

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the right of the building on wood street the easternmost portion and a vacant commercial space

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Um, that commercial space has had a variety of uses or I would say only several uses since the building was constructed approximately 20 years ago. It had a wedding supply business. Um, there was a manufacturing of, um, and packaging of food products. Uh, most recently in 2015, there was a tutoring business, personal services business.

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that commercial space has had a variety

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It's been largely vacant for the past 10 years.

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And in Callow Hill's letter of support with Provisos, they do reference, and I will spin to that letter real quickly, their appreciation.

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You can see right here in the third line, the neighbors appreciated that the long vacant store fund would be occupied and bring an amenity to the area.

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The application is for the retail sales of pet supplies and for an interior dog park.

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So the original application was for animal services, which was more the dog park.

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I learned as I got involved in the project that there was a retail sale of pet supplies that was part of the business of the operations of business plan.

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And that was the reason why we amended that.

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You can see is one of the provisos that the category that we amended and included was the retail sale.

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The category itself is the retail sales of pets and pet supplies.

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My client only looks to sell pet supplies.

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So the sale of pets was not included and was prohibited in the letter from the Callow Hill Neighborhood Association.

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You can see there are a number of other provisos that were included.

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the dogs need to be registered, proof of vaccination. The employees will monitor the

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play area for aggressive behavior of the dogs. Trash can on the sidewalk for, you know, dog

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owners that are coming in or out or passing by the operation. The property you see here from

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aerial photos were located kind of just north of Vine Street and between Vine Street and Callow

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hill so um you can see that there are a number of different uses in the area you have the um you

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have the holy redeemer chinese catholic church and school located across wood street from us

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you have a noodle manufacturing factory to the north of us you have an auto repair shop further

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to the north as you get up to callow hill street you have movement uh on the southwest corner of

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Callow Hill and North 10th Street, which is a rock climbing and yoga facility gym. You have

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a parking lot located across North 10th Street from us, and you have a number of two-family,

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three-family dwellings a little further to the north and then a multifamily down at Vine Street

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and North 10th Street. So you have, and then behind us, you have some residential uses at Wood

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and ridge so you have a mix of different uses again this this unit has been vacant for a very

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long time and um and i can see here from the street view images that was able to pull you can

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see going back through the years that documents that it's been vacant and boarded up this is all

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the way back to 2018 2016 and you can see here um this is about the time when they had right before

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or right after they had the tutoring service.

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The wedding supply was back in 2010,

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but it's been largely vacant since the building,

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like I mentioned, since the building was built.

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This is the interior space as it presently exists,

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just an open floor plan that my client will then pull permits

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in order to fit out for the intended use.

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The property is zoned RMX3,

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which does not allow either the animal services or the retail sales of pets and pet supplies,

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or pet supplies in this case, which is the reason why we're before the zoning board.

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Here's a rendering of renderings of what the interior is going to look like.

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You can see the dog.

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It's like an interior dog park for people in the neighborhood to bring their dogs as they need.

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There's going to be a dog walk station. As mentioned, there's a retail sale of pet supplies, an area where the owners of the dogs can hang out, socialize while they watch their dogs.

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They can also be down with their dogs. There will be staff in the area to monitor the dogs, as mentioned in CNA's letter.

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Here's a three-dimensional floor plans of the proposed fit-out of the interior space, and that did include more full detailed plans at C3.

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There is signage that was not included with this application that was applied for separately.

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And, well, it wasn't applied for because they utilize the existing previously permitted and approved.

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it wasn't applied for because they utilize the existing previously permitted and approved framing

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and just put new uh new awnings on and you can see here this was obviously taken a little while ago

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when the weather was worse but you can see those awnings are up right now and that's all the signage

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that you have uh proposed for the use as mentioned there was an original notice of refusal that was

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issued back in november just for the animal services and i learned that we had a retail

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sales component so we did an application to amend following the submission of a letter request for

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authorization the amended notice of refusal that we've already referenced for the two uses that

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require a variance in front of the zoning board i've included a tab f a deed for the property

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that shows that 920 to 926 ridge avenue limited partnership owns the property and then our lease

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the trustee pets department llc's lease with the owner of the property

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Tab G, you have our tax clearance.

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A copy of the zoning posters that were posted on both the Wood Street sides

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and on the North 10th Street sides of the property.

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And then the copy of Tab J is a copy of the 14303 notice that went out to the list of properties

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that we pulled from the Planning Commission's website.

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And you can see that for the meeting.

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the virtual meeting we had on February 23rd, 2026.

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It's our position that, again, we're taking up where there's been a hardship.

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It's been very difficult in this location to have a tenant to utilize this commercial space of the building.

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And so we believe that that provides a hardship that warrants a relaxation of the zoning requirements

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applicable to RMX3 that would otherwise prevent these uses.

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We believe that the nature of the uses, particularly as qualified by CNA and as proposed by my

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client, will not have an adverse impact on the abutting properties in air or light or

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their uses.

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We believe that there will not be an increase of traffic congestion in the streets.

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We imagine this is mainly going to be utilized by residents in the area, Chinatown, and then even somewhat to the north and then along Vine Street, some of the other apartment buildings that have sprung up there.

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I will say that our days and hours of operation are seven days a week from 8 a.m. to 9 p.m., so you're not going to be having dogs there late at the evening.

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Boarding is not included with this application.

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um it's it's a separate subcategory of under animal services it was not included in this

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I had actually asked that we express expressly prohibit it but uh I think it was determined by

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LNI with the amended application that it didn't need to be included and I did consult with Hillary

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about that as well um the uh we expect about two to three people to be sometimes four people to

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be working at any particular time. Trash and waste will be stored inside. Trash collection,

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commercial trash collection will be as needed. We're planning right now to start with everyday

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collection and then see how that goes and see if that remains necessary, if we can switch to

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something less frequent. But we're going to start with day-to-day.

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um and uh um and again we feel that the for all these reasons that the the requested variances

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should be granted I do have uh Eva Eng from uh from the LLC who's here who can adopt my statements

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sure thank you

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if Eva if you can raise your hand Eva

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they're being promoted to panelists thank you very much

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hello hi eva could you please state your name and spell for the stenographer

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Hi, my name is Eva Eng, E-V-A, last name E-N-G.

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

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Yes, I do.

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Counsel?

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Certainly.

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Eva, what is your connection with the trusty pets department, LLC, the tenant of the commercial space at this property?

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I'm the owner.

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Okay.

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And did you hear the statements that I made to the zoning board this afternoon?

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Yes.

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And are they true and correct to the best of your knowledge?

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Yes.

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And would you adopt them as your own?

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Yeah.

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And you're going to be the one operating this business, correct?

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Yeah.

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Okay.

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Thank you.

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And I open things up to the board for their questions.

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Questions from the board.

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Yes.

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Okay.

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So is this like doggy daycare?

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and it's not like dog it's a it's a very good question uh i asked that question as well so

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It's not like doggy.

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It's a very good question.

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I asked.

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it's not like a typical daycare where you just drop your dog off and leave so the owners stay

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with their dog so it's like it's like an inside dog park um that's affiliated with their retail

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so it's not drop off and leave which is another reason where it's why it's less likely to generate

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traffic congestion because you know when people bring their dogs they usually drive drop them off

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and then go on their way to work or wherever they're going to go.

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Where here, they're walking their dogs to get here

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and then playing inside and then walking their dogs home.

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So it's all interior.

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There's no exterior?

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No exterior.

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It's all interior.

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Okay.

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All right.

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And then I thought you said you had about two to three employees?

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Correct.

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isn't just to monitor the people who are there with their dogs yeah so the eva can speak to this

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in more detail but there'll be somebody in the retail department there'll be somebody you know

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monitoring the the dog park if you will and then um and then somebody else could be working you

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can see here in the rendering there's somebody at her front desk for check-in and what have you

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for the dog park but uh eva if you if you have further questions eva can address it

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okay and then um there's going to be sales of dog food and pet supplies yes mainly dog food

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yeah collars and toys and things of that nature and again eva can give you a little more detail

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about that than i can but that's my understanding yes as far as the types of dog pet supplies that

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will be sold and again that's all going to be inside this space you're not going to be like

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having people um order this stuff and pick it up or i mean some somebody can come in and just

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buy the retail and they might call and pick it up i don't know eva you're going to have a an

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online component where people can order online and come and pick up uh not as of now yeah it's

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usually just like if they just come in and then they see something they like they can just come

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and purchase it okay and are there going to be like dog grooming kind of services there's a

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