ZBA Hearing - November 29, 2023

I'm just going to allow the people, the attendees to enter.

chair we have 31 attendees you can proceed as you wish thank you good morning everyone

my name is bill bergman and i will be sharing this morning's eba hearings with me as our vice

chair ismail shaheed president mr chairman and our board member james snell president mr chairman

Also, present is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.

Here's a virtual format.

Be advised, the proceedings are being recorded.

Video will be available by contacting Tanya Sunkett.

Hello?

We can still hear you, Chair.

Can you hear me?

We can hear you, Bill.

Yeah, I'm good.

I'm good.

Good. I keep losing my screen.

We can see and hear you.

Okay, good. All right. Be advised to proceedings are being recorded.

Your video will be available by contacting Tanya Sunkett at phil.gov.

For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testify.

If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

To enter an appearance statement, call 267-270-5548.

Leave your email and the address of the property in question.

And lastly, the question and answer box on the screen is not for testifying or comments.

All comments should be directed to our Executive Director, Tanya Sunken.

Let's look at our schedule for today.

Number four, MI 2023-002-572-2029-39 North 2nd Street. That case is continued.

Number seven, MI 2023, 002-575-6531 North 7th Street, that case is continued.

Number nine, MI 2023, 1250 Wagner Avenue, that case is continued.

Number 10, MI 2023-002-569-2036-48 North 2nd Street, that case is continued.

Number 12, MI 2023-002-587-525 West Roosevelt Boulevard, that case is continued.

number 14

mi

2022 001 391 5221 haverford avenue verna anastasio is the attorney

um there's a request for continuance from council member got the a's office

good morning chair this is doreen blakey and i will be your co-host today

thank you and i will allow mr anastasio to speak okay

morning mr chair good morning verne could you state your name for the record and spell for

the court scenario yes sir it's verne anastasio v-e-r-n last name is a-n-a-s-t-a-s-i-o

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

I do.

I see the council person would request a continuance.

Yeah, and I do appreciate that.

Yeah, I know this is several listings in.

I came in sort of midstream.

We are just about there.

We've met with the RCO.

We just need to do proper posting, and I'll make sure that I request that from the zoning board.

Okay, thank you.

MI-2022-001-391-5221, Haverford Avenue.

Case is continued.

Mark must be tried.

Thank you.

Number 15, MI 2023-002-607-3336 North 17th Street at Case's Continued Attorney Moving Party.

Number 15.

MI-2022-001-391-5221, Haverford Avenue.

And number 16, MI2023-001-120-530 South Street.

Vern Anastasio is the attorney.

Paul Bonney is also representing, I believe, the RCO.

Could both please come on?

uh mr chair i just wanted the address um is 520 south street just the okay thank you

morning mr chair very you've already been sworn let's let's get the other council on

good morning mr chairman good morning sir could you state your name please and spell for the court

sonographer yes it's paul it's paul bonnie b-o-n-i right you should tell the truth the whole truth

and nothing but the truth yes i do um uh mr anastasio is requesting a a uh a continuance

to return to the rco this is the second listing burn one of you yes mr chair uh i appreciate paul

being here i understand he represents society hill civic i've been working directly with

south street head house district which is the coordinating rco and did in fact host a meeting

for all of us including society hill one time my client then fell ill and we were unable to follow

up it's it was the request of the coordinating rco that we have a second community meeting

and we are willing to do that but of course we were not able to get that in before today's

hearing. So, accordingly, I'm asking for a continuance so that we can

return to the community. Paul?

Yes. So, there are three RCOs

that are interested in this matter. The first is the coordinating

RCO, which is the South Street Headhouse District.

I don't know if Allison or anyone else from the

South Street Headhouse District is on Zoom

right now but I would welcome Allison Hinman Harvey has her hand raised okay well why don't

we let her go first if you don't mind because they're the coordinating RCO

Allison is allowed to speak good morning could you state your name please and spell for the

courts in Oxford. Yes, my name is Allison Hinman Harvey. That is A-L-L-I-S-O-N-H-I-N-D-M-A-N-H-A-R-V-Y.

All right. Do you swear or firm to tell the truth, the whole truth, nothing but the truth?

Yes. Could you proceed, please, with your testimony?

so it is uh true we had a follow-up rco meeting i believe in august um with verne and the applicant

however then we did not have any communication um about rescheduling another one except for that

that Byrne did not have his party's schedule, basically.

And now we have, because we did not hear anything,

we have opposed, but if they wanna come back

and they wanna hold another RCO with us,

we can do that as well.

But I would like to schedule that immediately.

Yeah, I appreciate that, Mr. Chair.

It was always our intention,

once my client got back on his feet,

to uh enter into you know an accord uh which was the intention of the you know first two meetings

we just never got a chance to do it before today's hearing so we'll be happy to meet again

mr money yes verne have you heard from your client in the past several weeks

and i remind you that you're under oath of course first of all i'm insulted by the question

and the indication that I wouldn't be anything less than truthful.

Second of all, I don't usually take questions from opposing counsel.

I take them from the chair.

With that said, Mr. Chair, I ask you if we could have this request addressed.

Thank you.

Okay, thank you.

So my understanding is that the client disappeared,

but the Board can infer what it would like from the colloquy.

This referral was from January 10th of this year.

It's been continued multiple times.

The last time was continued for the purpose of having a meeting which never was, you know,

the purpose of having a meeting, which never was, you know, the applicant never surfaced.

So we understand the Board has discretion, and we just would like to ask that the case

be dismissed. I do point to the Board's attention that all three interested RCOs are on the

record as being opposed to this project.

Mr. Chair, the business is vacant. It doesn't, you know, continuing this matter so that the

original intent, which was to enter into an agreement with the coordinating RCO and my client

is still the goal. Continuing it does not adversely impact anyone. He has ceased operations

until he can get his special exception and that's all it is it's just a special exception

no so mi2023001120520 south street um this case is continued mark must be tried

thank you sir thank you have a good day we're going to go to a few cases we have with no exhibits

Number one

MI2022

000649

2717

Federal Street

John McCrilley is the listed

Owner

CGI Construction

Is the listed

Applicant, there are no exhibits

This is the fourth listing

Mark must be

Heard the last time

yeah i see no hands okay thank you so mi 2022 000 649 2717 federal street

fourth listing no exhibits i vote to dismiss

jim snow snow i vote to dismiss ishmael shaheed my vote is to dismiss thank you

number three mi 2022 003 306 15 13 widener place kajija apqua apda is the owner applicant

it's pro se there are no exhibits this is the third listing case was marked must be heard

again chair no hands raised so mi 2022 003 306 1513 weiner place third listing no exhibits

i vote to dismiss james snell my vote is to dismiss

ishmael shaheed my vote is to dismiss thank you

okay thank you um i'm going to go to a few cases that have been withdrawn

number two mi 2023 001082 2045 to 49 north 2nd street that case has been withdrawn

number five mi 2022 003 289 303 brown street uh number b uh mr anastasio are you in the audience

still yes i will allow mr anastasio to speak mr anastasio you've you've already been uh

sworn um just for the record state your name and burn anastasio uh on behalf of uh the owner of 303

brown street uh david braggler number b is this case being withdrawn yes sir okay thank you very

much appreciate you again so mi 2022 003 289 303 brown street number b the case has been withdrawn

And number 17

MI 2021-001-959-2349

North 20th Street

Donald Benedetto is the attorney

No exhibit, six listing

Mr. Benedetto, are you in the audience?

Mr. Chair, we did receive a written request for withdrawal on this case this morning.

Thank you very much.

So MI 2021-001-959-2349 North 20th Street, that case has been withdrawn.

20th Street, that case has been withdrawn.

Are there any other requests for continuances?

Are there any other requests?

No hands, Chair.

We're going to go to number 13 first.

Hold on a minute.

Be right with you.

number 13

pick right with you

number 13

MI 2023

002-596-3023

3 welsh road salima sanders is the owner this is a pro se

salima sanders i will promote her to panelist okay thank you

she has been promoted good morning could you state your name please and spell for the court

stenographer good morning unmute okay good morning could you state your name please and spell for the

court stenographer yes my name is salima sanders s-a-l-e-e-m-a-h sanders s-a-n-d-e-r-s

right do you swear or affirm to tell the truth to hold you nothing but the truth

yes all right this application for the creation of accessory off street surface parking space

on the same lot as an existing semi-detached structure parking accessory to an existing

single-family household. Service parking spaces and detached garages and carports are prohibited

in the required front side and rear yards. The proposed off-street accessory parking space

is within the required rear yard. Our Vice Chair has just a few questions. Okay. Good morning, Ms.

Sanders. Have you emailed in all the required documents and exhibits that is needed and are

required to proceed with this case today? Yes, but there's just one document I received the email

from someone from the ZBA last night requesting the tax form. However, I've been in continuous

conversation with the, I guess, to tax a revenue for that document because the link that I followed

through the email from the ZBA, it is taking me to the wrong department. I just actually got off

the phone with them this morning and they stated that a lot of people are being forwarded there

and they're not they're not in charge of releasing those tax clearances okay no problem um we can

hear the case but we may not be able to vote on it until the last document is in okay

and are you able to like uh are you would you be able to provide me to the right uh

department you have to call our office oh i've been trying i've even tried to call this morning

is not i left a few messages as well i haven't been able to get into it to anyone live

all right uh tanya sir we will take care of it no problem mr shaheed thank you

mr chair before we proceed um there was i had asked um miss sanders to provide proof that she

had met with the rco i have not received that and that is required in order to hear the case

Ms. Sanders, did you meet with the coordinating RCO?

Is it for when I actually scheduled this actual hearing?

Is that what you're referring to?

No, there's a community organization that you're required to meet with prior to the hearing.

When you got the email from the RCO notification email, it would have told you who your coordinating RCO was and how to contact them.

okay well then unfortunately we are going to need to continue this

this hearing so that you can have that meeting okay

so you're you're you're going to be aware that you have to get a hold of the rco and have a

meeting okay okay all right so mi2023 002 596 3023 welsh road this case has been continued

thank you one two three we're going to move to number six mi 2023 002 636 2507 manton street

leo movahill is the attorney there is a letter of opposition from residents organized for

there is a letter of opposition from residents organized for advice advocacy and direction

advocacy and

And I'll see you next time.

no explanation given there was a vote of three to zero and we're also waiting i believe for

tax compliance mr mulvihill leo mulvihill is coming in as a panelist chair thank you

mr chair i can confirm that we receive the tax certificate this morning thank you thank you

there we go good morning could you state your name please spell for the court stenographer

good morning it's leo l-e-o last name mulvihill m-u-l-v as in victor i-h-i-l-l

um do you swear or affirm to tell the truth the whole truth nothing but the truth

i do um could you identify your client the relationship to this property

certainly my client is j as in james p as in paul a as an alpha 2507 manthon street

and my client is on my the principal of the company is on the line as well that's mr johnson

thank you our uh vice chair has just a few questions sir good morning counsel do you agree

to weigh the reading of the refusal and stipulate to its accuracy yes have you emailed in all the

required documents and exhibits it is needed and required to proceed with this case five days in

advance of this hearing not in five days in advance i received the my client's commercial

activity license and tax clearance yesterday those were forwarded this morning and i do have

in my presentation packet as well i believe we received that please proceed um and you have

already shared your screen i believe yes so good morning members of the board we're here today for

property that's currently a vacant lot on the 2500 block of manton street it runs right in

the graceberry neighborhood uh right a couple houses in or lots in rather from the viaduct

that runs along 25th street we received the for purposes of the record the refusal appeal and

project information form are at page one area zoning maps are at two my client's deed is at eight

Zoning notice to our neighbors is at 17.

Proof of mailing is at 24.

The RCO letter is at 25.

Commercial activity license and tax information are in this packet,

but they were sent in separately to the Zoning Board Council.

Photos of the property are 27 and plans are at 38 of this presentation packet.

So going to page one of the presentation packet,

we received the refusal, members of the board,

solely because this property is zoned industrial.

The rest of the lot is zoned commercial,

pardon me, residential multifamily.

But for some reason, at the end of our side,

probably because we run the next to the train tracks,

our lot was zoned industrial.

When we get to the zoning map,

we'll see exactly what I'm talking about.

So my client was proposing to have multifamily dwelling

where there currently is a vacant lot.

That's the only reason that we have the refusal is because of the industrial nature of the zoning.

I'll go through our appeal.

There we go.

So now getting to what has been marked as page two for purposes of my submission, we can see, indicated by my cursor in the center, this blue parcel is our parcel.

You can see exactly here's the 25th Street Viaduct.

We've all had the pleasure of driving under that from time to time, I'm sure, if you found yourself in the neighborhood.

What a mess that is. But you can see we have all industrial that's owned along there.

And as we get to the photographs of the block, you will see that the block itself is not industrial in any way.

It is, in fact, residential. There are new residential construction on the block.

I believe some are multifamily as you approach 26th Street.

And we're only looking to stay within the character of the rest of the block, because this seems like it's an aberration of a prior time in zoning that this would have been industrial.

There's no feasible use for this lot as it is, you know, 17 feet wide, however many feet deep for industrial purposes.

And nobody at our community meeting mentioned that they would like to have any sort of industrial use on the property.

In fact, as the chair noted, there was no explanation given in the letter from the RCO as to why there was opposition, but voiced to us at the community meeting, and my client will be happy to verify this, was that the immediate neighbors didn't appear for the meeting.

Why that is, I don't know.

My client had personally reached out to them.

We did send out the letter ahead of time so they were aware of the meeting.

We had postings that were put up on the property.

I'm not sure if any of the immediate neighbors have shown up.

But that was the only reason that there was any opposition to this at all, because the neighbors didn't show up to the online community meeting.

But that was the only reason that there was any opposition to this at all because the neighbors didn't.

But that's our parcel.

This is the overhead Google Maps version of it.

And I'll just zoom in on that a little bit.

So this is our vacant lot right here.

There is a tree there that's being taken care of shortly by my client to ensure that it doesn't cause any damage to the adjacent properties.

He's been in consultation with an arborist.

Along these empty lots here, my understanding is since this photo has been taken, when we get to the more recent photographs that I have, there is new construction here as well.

And we'll get to that in a moment.

This is just a little bit more zoomed in view of the block itself, taken directly from Google Maps at page four of my presentation packet.

This is taken from Google Maps as well.

This is looking westbound onto Manton Street from 25th Street.

There is new construction. Actually, it's already occurred in this corner lot here.

This is looking eastbound towards the viaduct that I was discussing earlier.

The subject lot, you can see where this tree is. It's off to the left.

And the houses you can see are generally elevated as you approach 25th Street,

whether that's due to the slope of the street and necessary drainage for the properties,

I'm not entirely sure, but as we approach Mantons, the steps for these houses do get higher.

And there's just another Google view of the property itself. Page eight, this is my client's

deed. This is the notification letter at page 17 that was sent out to all of the neighbors,

including a copy of the refusal page 19 we have a list of all the rcos and neighbors that received

a copy of the letter and there's the proof of mailing at page 24 page 25 as the chair noted

we do have this letter of opposition my recollection was initially it was one in favor to

oppose i'm i'm guessing that after there was additional discussion once we had left the

meeting. They changed the vote to three, no, zero, yes, but I'm not entirely sure why other than

the reasons that were told to us at the meeting, which were to the best of my recollection,

hey, our neighbors didn't show up. What's going on with that?

That's my client's commercial activity license, which we sent over this morning and I received

yesterday. That's a tax clearance for the property as well. Here's a photograph of the

property and the posting. There's the tree that we were discussing earlier. This is the new

construction that I was talking about. That's looking eastbound. I'm doing a 360 degree. This

is a recently converted factory, which I believe is a mix of commercial and residential uses.

this is new multi-family construction closer to the 26th street side of the block as you can see

same thing here and so we're not really seeking anything other than what already has existed

is existing on the block in terms of new construction the only difference between

these properties and the ones that we have is this towards the 26th street side of the block

is zoned residential multifamily, and we are zoned industrial. Otherwise, we wouldn't even

have to have gone through the zoning process. So what we're proposing is three stories with

the mezzanine with the sunken rear yard that's going to be accessed by the first floor unit.

We can go through the floor plans as well. We don't exceed 38 feet. We do have a roof deck

and pilot house. Those all comply with the setback requirements under the code.

so we'll start first with the first story and basement floor plans so there will be two front

doors in order to get to the first unit because this is a proposed three-unit building you would

enter through a door on the right entering through that door gets you into your living room

kitchen area dining room balcony and set us that's down lets you get into an office area

bathroom to the front, laundry across, mechanicals, another bathroom to the rear with a bedroom,

a full sliding door to a rear yard with steps to allow you to get the grade,

and that'll get you to this balcony area. In order to get to the units two and three,

there's going to be another door off to the left of the building.

You would enter into there and go up a set of stairs and go to the next page.

so you come up those stairs hang a right to get into unit two

this is also a one-bedroom unit kitchen to the front dining room living room area

mechanicals bathroom bedroom to the rear with a nice big window big closets

The third story has a mezzanine in addition to the third story as well, so that is going to be a two-bedroom unit with access to the roof deck.

the third story has a mezzanine in addition to

The balcony is going to be in the front here.

There's a bedroom, laundry, bathroom, living room, dining, and kitchen to the rear.

Then to get upstairs to that mezzanine level, you'd follow this little L-shaped staircase.

getting up into bedroom unit two and the ceiling would be open to the stories below

otherwise so there's a nice open ceiling area going from the second pardon me third story up

to the mezzanine area but this would otherwise be blocked off for some nice privacy for the

second bedroom area to get up to the roof deck you go up these stairs and here's our roof deck

pilot house again setback from the rear we have our five foot setback as required by code as well

so members of the board i would suggest to you that the reasons that we have presented for

our hardship in this matter namely the fact that this is a 17 foot wide parcel on a residential

block that is zoned industrial which is on a block that is otherwise residential multifamily presents

a hardship for development and what we're proposing would essentially be a by right proposal but for

the fact that we are zoned industrial on this residential multi-family block so my request would

be is that you find that we have presented evidence of hardship that you grant our request for

variances to build this residential multi-family building on a residential multi-family block

i would ask that my client be called so that we could get him to testify and adopt my testimony

he has his own thank you uh mr johnson would you please raise your hand if you're in the audience

and then they can get you in swear you in and then i can ask you a few questions

mr johnson has been allowed to speak please unmute yourself morning mr johnson could you

please state your name and spell for the course stenographer good morning uh my name is jamin

johnson j-a-m-i-n johnson j-o-h-n-s-o-n do you swear or affirm to tell the truth the whole truth

is nothing but the truth i do counsel proceed please now mr johnson you've heard my testimony

today with respect to your parcel at 2507 manton street is that true that is true and the testimony

that you've heard today regarding that parcel and what happened at the community meeting

is that correct as well that is correct is there anything you'd like to add to my testimony at this

point in time with respect to either the parcel itself the arborist that you've hired or the

community meeting that we had with the community organization and grace ferry

only that uh the testimony that you presented was in fact true and i do also ask for the granting

of this this by right scenario that unfortunately is not by right due to the industrial zoning

thank you one final question for you you've had the chance to speak with the neighbors on the

block about your proposal is that true and that is correct okay i have no further questions

thank you all the new construction areas multifamily that's my understanding members

of the board at least towards the 26th street ends um i'll admit the new construction at the

25th street end i don't recall off the top of my head what that was but i could look that up right

away if your chair would like to know that's fine that's fine questions from the board no

questions or comments from our attorney hillary emerson

not at this time mr chair questions or comments from the virtual audience

there are no hands chair um planning commission please good morning chair bergman this is ian

hegarty representing the philadelphia city planning commission last name is spelled h-e-g-a-r-t-y

do you swear or affirm to tell the truth the whole truth and nothing but the truth

yes sir please proceed thank you chair good morning board members the comprehensive plan

recommends a zoning map change from i2 to rsa 5 for this in the surrounding properties on this

block the proposed use doesn't conform to either the existing or the proposed zoning however the

lot size does we agree present a hardship for industrial use and the proposed use is consistent

with recent bioreg construction on this block face which is predominantly zoned for multifamily use

today. And so the city planning recommends that the board grant the variance.

thank you mi2023 002 636 2507 main street i vote yes

james snell my vote is yes ishmael shaheed my vote is yes

thank you members of the board have a great day

thank you take care everybody okay number eight mi2023 002 excuse me mr chair um can we just

jump we uh jump to number 11 quickly because that that matter needs to be um i believe we have a

request for continuance on that one because the rco meeting is not held okay thank you mi 2022

00672 8107 bradford street dan lee is the the owner applicant this is a pro se this is the fourth

flesh thing i have a hand up by the name of lee horn okay okay i will allow i believe that's the

rco um and we can and the rco is absolutely welcome to speak but i would like to hear from

um dan lee first i do see him okay in the audience yeah there's dan lee right there i will promote

okay thank you you're welcome

dan lee has been promoted mr lee state your name please and spell for the court stenographer

hello testing yes hi could you state your name and spell it please for the court stenographer

uh my name is dan lee first name b-a-n last name l-i right do you swear or affirm to tell

the truth the whole truth and nothing but the truth i do could you put on your video please uh

okay thank you um mr lee this is the fourth listing of your case yes sure um and

we can't go on much more like this i mean it's just you know you you you haven't got the hold

of the rco until very late and um we will continue this but i would tell you that it'll be the fifth

listing if you're not ready this case is going to be dismissed you can't go on like this you you

you have your obligation is to get a hold of the rco yes okay and and and so what we're going to

do is i'm going to continue this one more time but after that that's it you understand all right

thank you all right hillary do we need to have the rco one um we can have them yeah we can i think

it will be helpful to have them come on to make sure that they are connected if the rco representative

is on please please read they're here hello hi good morning could you state your name please

and spell for the court stenographer lee horn l-e-e h-o-r-n-e right do you swear a firm to

tell the truth the whole truth and nothing but the truth i do sir mr horn could you give us your

comments on this case uh i am the zoning chairman for ronhurst civic association yes i know that

you would receive the letter from me state uh a statement of no contact with the applicant

we have subsequent to that letter the applicant has reached out to the rco and affirmed their

desire to get this straightened out in the proper way the rco is willing to work with them to make

sure this gets done properly and that they can proceed with a proper zba hearing mr horn thank

you for taking the time the calls in we appreciate it you're welcome your time you you have to get

a hold of them work with them if not this case will be dismissed yes i will so mi 2022 000 672

8107 bradford street this case continued and is marked must be tried all right thank you guys thank

you okay let's go back here to number eight mi 2023 002 602 62 35 lancaster avenue

verne anastasio is the attorney

mr anastasio is coming back in as a panelist

good morning verne we've talked to you several times today uh you don't have to be sworn in

could you just state your name for the record yes sir verne anastasio on behalf of valerie todd

Yes, sir. Fern Anastasio, on behalf of Valerie Todd, agent for the property.

But he didn't.

Okay. And I take it she's the owner of the property?

She's the agent for the property.

Okay. Our vice chair has just a few questions.

Thank you.

Good morning, counsel. Do you agree to wave the reading of the refusal and stipulate to its accuracy?

I do.

Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

Yes, sir.

Thank you.

Vern, just before you start, there's a chance I'm told from Hillary that we may have to have a corrected refusal referral for this?

Yeah, I mean, Mr. Chair, my position is, as it is often, that L&I does have the discretion to grant the relief that we'll be ultimately seeking.

However, I understand that Attorney Emerson does think that we should perhaps hold the vote

so that the change in the relief sought is actually documented by L&I.

I have no objection to that.

I just, you know.

Sure.

And Vern, that's where we'll be, okay?

We won't vote.

Yep.

Please proceed.

Thank you.

I just want to note under separate cover, my office forwarded a memo brief that is going

to be part of the record, and I'm entering that into evidence as well this morning.

In addition to this binder of 6235 Lancaster Avenue, it's a 37-page binder.

The application is for event space. And the examiner, we believe the examiner, Ellen and I, erred in issuing this refusal. So no, I do not stipulate to the accuracy of this document because it's my understanding that based on the information and gleaned with my client, that this is going to be an event space for life events.

baby showers, funeral luncheons, and it's going to be for less than 50 people at any one time

in this commercial space. As a result, I believe this should be a referral and not a refusal

for a special exception because it is within the discretion of L&I to place this category

category outside of the nightclub and private club category, which is, in fact, where it is.

So that's the issue that we're dealing with. So if I said yes to the initial question,

whether I waive and stip, I do not waive and stip. But I do want to make sure that

we put it on the record that what we're seeking is just a special exception.

And on top of that, my client is seeking a temporary special exception of three years.

After having communication with the RCO, they obviously want to take a wait and see sort of attitude to make sure that this facility is going to be a benefit to the community.

And as a result, my client is looking for 49 folks, banquet event space, not open to the public whatsoever, no nightclub or private club or anything like that for no more than three years.