civus
Hearing video

ZBA Hearing - July 21, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 21, 20203h 54m

Let me see. I'm sorry. I'm trying to learn this as well. It's all new to me.

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It's a learning experience for all of us.

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I don't know if the board can access their email, but I did email the plans. They're attached to a letter, an RCO letter. If you scroll down, the plans are there as well.

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it seems right now i don't have the option to share from my computer at this time

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oh i see the option has came up okay

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i do have it on my phone that that's the problem it's just

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I am trying to get to the file.

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mr jen there's a letter from the holmesburg civic association that says that business is currently

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out of compliance with the state liquor control board due to the square footage is that still the

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case well when we add the additional uh second floor as well as um that would give it the square

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footage that's part of the reason this application came to be is that they would have to add seating

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and space for seating in order to comply with the liquor license board requirements.

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And the second concern is that it's a beer takeout establishment?

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Yes, that is correct. That is the business it has been. They have always had a little bit of

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packaged goods or hot dogs that you can heat up to take out, but they never really officially

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added any kind of food service to the business this application would formally

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add food to the business as a part of the the business operations okay I am I

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I think I clicked on sharing the plans I don't know if it came up no not yet sir

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Any other letters in the file, Tanya, from a council person or anyone else?

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Frank, can I just send you a letter?

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we did receive a letter from the councilman's office

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is this now sharing

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yes okay yes great what I'm gonna do is I'm gonna try to focus in on the first

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floor because that's part of the discussion on the entryway so if you

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look here where I'm circling this is the entry proposal one of the things

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that the community did not want is they didn't want a exterior entryway directly

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to the second floor because the concern there is that it would not be properly monitored because the

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operator of the business would normally be in this space or towards the back in the kitchen area so

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what we would they would like to see the community would like to see is an entry through the main

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entrance here and then making this space more direct to allow entry into the second floor

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more direct to allow entry into the second floor another concern they have is because there are

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Another concern

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doors here and here that it would be locked in the second floor wouldn't actually be used

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so my client agreed that they would remove this and basically make this more of a direct entry to

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the second floor there's already security cameras on the second floor there's security cameras on

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the first floor as well so that can be monitored without a problem what in addition we'll do is

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added to the police cam so if there are any incidents the police would have

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access to the videos that would hopefully reduce any chance of

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activities that would cause problems. Another thing that was discussed and

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agreed to by my client is that if someone would stay on the second floor

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obviously to monitor any customers if they're up there so that we don't allow

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customers to just freely roam the second floor sitting area. The kitchen is going to be a small,

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very small operation of the kitchen. A few fryers, they're not looking to do actual restaurant style

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cooking. It's mostly going to be snack style cooking that would be served along with any

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beer that is purchased in the premises. So everything here in as far as the

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counter and the refrigerators and the area for the proprietor, these are all

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existing. So most of the first floor is existing in the way it's set up and it's

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mostly adding the second floor space and then rearranging primarily the entryway

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to make sure that it is one to cold and two provides a direct entry to the second floor

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that can be easily monitored but not locked away so that essentially the second floor doesn't get

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used. That's another concern that they wouldn't actually use the second floor once they get the

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operation going. All this was discussed at the community meeting. My client has agreed to all

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these requests and the provisals that are being requested on the community letter we're also in

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agreement with. Those will make arrangements to make sure those items are met per their request.

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So the again the license is because this property when he bought it years ago was

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originally licensed as a bar restaurant so the liquor license is an art style license

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and not purely a takeout beer license that is something that never came up before he's been

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doing business for years but recently the liquor board came and raised the issue so it requires

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changing in the properties used in order to conform to the license requirements

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you conclude your testimony uh yes uh my client is actually here if uh the board would like him

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to affirm the testimony please do ask him to identify himself spell his name for the record

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uh yes um hello are you uh available to identify yourself sir i'm actually uh not able to see the

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screen so I'm trying to let me see if I can get that but I know he is online his

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Last four digits is phone number 3321.

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uh i guess this is a general question mr jen or sharon or someone i'm having a difficult time

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finding the letter from the rco uh and being able to read what their provisos are

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if someone could share that with me carol yeah i just sent it to you

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Zinn, what's your witness name?

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Lang-Ung, L-A-N-G-U-N-G.

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Frank, the provisors they want for the business to enroll in the Philadelphia Police Department's

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safe cam program. Also, that food is continuously offered at the store.

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Also, that food is continuously offered at the store pursuant to the conditions of their liquor license.

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And lastly, interior improvements be made and inspected so that the building conforms to the floor plan to allow access from the main customer area to the second floor without having to go outside.

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jaron uh correct me if i'm wrong is it the last one the only one that we could

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yes i agree that's the only one yes right so carol when we get when we get to the vote i'm

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going to ask you to read that in the last uh proviso okay all right we're not ready yet though

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LANG UNG is available to speak now, Zen. Thank you. Yes. Are you there? Yeah. Hi. You heard my

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testimony to the board about this application. Do you verify that they're true and correct and

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adopted as your own? Yes. Please identify yourself with the record. Spell your name for the stenographer.

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LANG UNG is L-A-N-G-U-N-G.

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Mr. Young, Mrs. Young, I'm sorry.

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Ms. Young, do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Thank you.

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Mr. Jin?

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Yes.

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So, again, could you confirm that my testimony to the board is true and correct

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and affirm that you would adopt it as your own testimony?

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Yes.

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Thank you.

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Any questions from the board?

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So we do have someone here, I believe, who wishes to testify.

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Sorry, Tonya, I got ahead of myself.

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David, are you here for this case to testify?

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Yes. Can you hear me?

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Yes, David, please spell your name for the stenographer and spell it.

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David DeLugo's last name is spelled D-L-U-G-O-S-Z.

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I'm representing the Homesburg Civic Association.

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

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Yes.

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Thank you. Please proceed.

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Yes, hi. What was said by Mr. Jinn and part of the letter that we had sent more or less represents our position.

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When we initially met with them, a lot of this was not yet worked out, and the liquor license issue was not brought to our attention, which it later was.

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if you go, I guess the plan is not there anymore, but there wasn't a door. One of the doors was

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only recently built that was in that plan. The one that would, if you had to go to the second

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floor, the one that leads to the behind the counter area, that was recently built. And I'm

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also glad to hear that they were going to continue to change around the floor plan so that people

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wouldn't have to go outside the building to access the second floor because it used to be that if you

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went through that first door you were in the behind the glass area so to speak which is you

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know a secondary issue with this is that they were they're able to keep their safety glass by having

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the restaurant license and you know for further clarification the uh the takeout bar license is

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the square footage that's necessary is would not be possible at like this is basically like an end

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row unit, a three-story end row, where, like, you know, there's dentist's office and pizza

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joints usually in the first floor.

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And so, you know, they're just doing this to conform, as Mr. Jin said, to the liquor

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license requirement for square footage.

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The only other thing I was going to say is for the safe cam, you know, I did notice there

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are cameras inside.

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I did not actually notice if there were cameras outside because one of the issues that was

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brought to our attention was stuff that goes on outside the business on the sidewalk or

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in the immediate vicinity and that there's been incidents there outside the business in the past.

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So, yeah, I, you know, maybe Lang or Mr. Jin can speak to that a little bit more.

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Other than that, as long as, you know, the second floor is integrated into the building and not

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just, not just used as a, as a end around to the state liquor law, then we, you know,

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then we weren't opposed as also says in the letter that we voted four to four, you know,

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So we're not not opposed, I guess you could say.

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And as the letter said, if you grant the variance

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that we ask for those provisos to be entered in as part of it.

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Now, I did notice, I did overhear part of what you said

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about not all of them could be formally put in there.

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And I didn't catch which one was able to be put in there

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if you could do that.

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the only proviso that is enforceable we can put in as a proviso is the last one

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which is, Carol, could you read that off, please?

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which is carol could you read that off please

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Actually, could I suggest a summary of that?

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If those changes, the access to the second floor,

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is that reflected in the plans that you submitted in the exhibit packet, Mr. Jim?

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Yes, they're actually, the only thing is that the community doesn't want the customers

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to access directly from outside or be forced to go outside.

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But, yes, those change plans allows people to go from inside without intruding into the payment area space of the proprietor.

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So, yes, the plans do reflect the changes.

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So, if the board was to add a proviso stating interior to conform to plans submitted to the board on 7-21-2020, would that achieve what the Civic Association is requesting?

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Yes. I mean, the only thing I will add for Mr. Chin is that you had mentioned that one

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of those doors was planned to be removed in your testimony, but that was not reflected

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in the plans as you had mentioned. I mean, right now, the first door is a safety door,

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and then the second door is a locked door, and then the third door is just a regular

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interior door. So the question was was that first safety door going to be removed per your testimony?

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Yes the first safety door can be removed because it wouldn't be necessary

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a new safety door. Right but that does not reflect on the site plan. No that's on the floor plan.

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Copy the plan. So is there an alternative way to add that as a second proviso stating safety board

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at, can you describe the location to be removed? Can you suggest any language

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that would? At the front counter, but adjacent to the entry. Yes.

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Jen, I missed the first part of your response. I'm sorry, it's the

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safety door front counter is into the main entry. So safety door located at the

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front counter adjacent to the main entry to the premises to be removed. Okay.

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okay thank you thank you anyone else uh wish to testify

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no one else has the hand up chair any letters from uh the district council person but in the

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file i thought i had a letter but i do not zen did you submit a letter see the letter

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from the council office the community letter came in just recently as well so

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I don't know if the council office had a chance to submit a letter okay all

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right Sharon do you have the language for the proviso yes something to do with

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the safety door located in the at the front counter adjacent to the main

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entrance something yes it would be two provisos one interior to conform to floor plans submitted

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and approved 7-21-2020 um second proviso um safety door located at front counter adjacent

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to main entry to be removed you know what i'm going to do let's let me do this first

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any questions from the Board? No. Planning Commission. This property is indicated for

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neighborhood commercial use on the city plan based on revised plans. We have no objection

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over granting the variance. Thank you. So, Sharon, is it appropriate for you to read off the

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proviso sure i think that would be fine all right so read the proviso and then i'll ask for the vote

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there are two provisos the first the interior to conform to floor plan submitted 721-2020

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second proviso the safety door located at the front counter adjacent to main entry to be removed

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thank you so my vote on calendar number three eight two six two seven four four seven

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torsdale avenue is yes with the provisos yes with provisos yes with provisos yes with provisos

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thank you

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Thank you. Thank you, Mr. Chairman. Have a good day.

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Thank you. Do we have any other

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cases? Yes, Tanya. I believe that was it. For purposes of attorneys who came a little late,

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could we request a reading of continued cases again?

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sure um we gotta find it

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frank you want me to start yeah why don't yeah carol why don't you read them off i don't i can't

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find them okay calendar number three seven two four zero one thousand one

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north 46th Street calendar number three seven one five six sixteen oh nine south

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8th Street calendar number three eight two five six two zero five zero Welsh

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Road calendar number three eight two five three fourteen fifty five north

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29th Street calendar number three eight two four eight fifty six oh nine Park

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Avenue and calendar number three eight two one zero no I think that was you

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now strike that if I could interject vice chair for 2050 Welsh Road the

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attorney is requesting to continue and he be as the moving party who's Matthew Monroe okay shall

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I reread that Tanya yes yes please calendar number three eight two five six two zero five zero Welsh

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Road attorney moving party thank you kindly chair that's all the business I had thank you Tanya

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Thank you everyone. For the board, we have not yet had an executive session. My question is to

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Sharon and Tanya, is there any business that the executive board needs to take up?

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I will send you a link. I will send out a link to an executive session right now after we close

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this meeting. Then the board will decide when, correct? We will have a

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discussion at the link that I'm about to send. Thank you.

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so we're done for this session chair if you want wish to close out yeah i'm just curious if we

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we have enough time to we can do an executive session this afternoon correct

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well i would suggest we discuss it offline okay all right all right so this concludes this

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morning session and two o'clock right we'll be back at two yes okay thank you everyone be safe

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