civus
Hearing video

ZBA Hearing - April 7, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 7, 20219h 42m

then he will come very close. And when you make the kind of gamble he made and what he now purports

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to be a huge mistake, he'd be doing pretty well to be anywhere near break even. And Mr. Chairman,

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I really just ask you, don't look south. Those twins, those high density twins were built

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before I got in office. I started January 4th, 1980. Those twins have no relevance to this case.

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everything from this lot north, including those very, very nice estate type homes that are just

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on the other side where somebody decided not to come to the board, but to have two lots back to

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back. And they've been there 15 years or so. And I'm guessing they would probably sell for

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a quarter, you know, seven, eight hundred thousand dollars. This is not a poor neighborhood to build

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real estate if you build it right. So I just ask you to do, you know, the same thing you did the

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last time it was here. Let the other appeal run its course. You can't, none of us can do anything

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about that it's in common police court and uh i ask you to um uh to deny the the request for the

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the seven the same way you did for the eight thank you thank you councilman uh mr phillips

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uh i don't remember exactly the conversation we had a couple of years ago when the councilman

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testified in person at the zoning board uh it's signed it sounds to me from my recollection pretty

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similar so i'm going to ask this question it seems to me that the councilman is more than willing

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to sit down with you and your client he says two or three i don't know if the end of the day if

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that's where it winds up maybe it's one more maybe it's one less i don't know so my question is for

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you and your client before this board makes a decision would you be willing to have that

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conversation and it sounds to me like the councilman is more than willing to be a participant

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in that conversation, especially given the fact that the Somerton Civic is really not

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recognized by this board. If I can just address three points and then I'll get to that. And I

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want to give my client an opportunity to respond to some of them. I know, but we do have 15 other

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cases on this. I could just be extremely. The homes that Councilman O'Neill is referring to

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are right here. This is zoned RSD1, residential single-family detached homes. To say that

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this area, which is RSA2, and here Centennial is RSA3, is irrelevant. I think it just ignores

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the fact that this is an RSA2 district, and we are trying to develop according to RSA2

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according to RSA 2 standards the only difference is we can't subdivide the lot I think we get that

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standards. The only difference is we can't subdivide the lot.

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I think we understand that but and that's my second point um madam vice chair the vote

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of the individuals who respond the neighbors do want it was 51 to 21 in support 51 to 21 it was

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over a two to one margin in support from individuals. So, and the last thing I just

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want to point out is what the councilman is suggesting at three units or three homes. Again,

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here's the lot size of all these homes along Stephen Road, 3,500. It would be proposing over

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14,000 square feet of lot size per home. That is a density unseen even in the most restrictive

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least dense zoning permitted in the city. We are just looking for consistency with the rest

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of the neighborhood. Mr. Phillips, I need to interrupt you. I appreciate what you're doing

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on behalf of your client. Is it a non-starter to have a conversation? Are you saying that

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We have tried having a conversation numerous times.

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I've sent so many emails and there hasn't been a response or any, if there can be a reasonable discussion, because again, we started at 18 looking at Centennial.

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The councilman just said on the record, in full view of everyone listening, that he's willing to have that conversation.

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but if the conversation is predicated on we're not doing anything more than three then that's

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not a conversation that's a so so i want to know if it would be a reasonable

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all right conversation you don't know that until you have that conversation

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mr chairman when i said that neighbors um didn't monitor i don't even know what i said

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the somerton civic association councilman o'neill and senator sabatina are opposed to this i know

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we don't recognize Somerton Civic, but that's what I meant. That was a statement that I made.

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Thank you. Understood. All right. Well, let me, is Councilman O'Neill still on the line?

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Councilman's still on the line. If so, please raise your hand. Yes, I am.

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Okay. And Councilman, are you proposing a sit, well, I guess it wouldn't be a sit down

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meeting, but some sort of a Zoom meeting with my clients to discuss the proposal?

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With the understanding that they've looked at the lot or lots I'm talking about that come off of a

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lot that's similar to yours in terms of its frontage. I think they might have been built

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as flag lots but i'm willing to ignore that um and and just treat this like a zoning case where

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your client is looking for relief from building one small half a twin called the twingle in the

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northeast and on a private street building two or three substantial homes just like his neighbors

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to the north did in a very similar situation, almost identical, actually. The zoning designation

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of that other lot may have helped them build flag lots. The zoning designation of this lot,

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I will ignore the fact that you can only build a twingle, half a twin there, and have a serious

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talk about two or three. If we're going to start with four or more, like you just said, it wasn't

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worth it for you it wouldn't be worth it for me and the neighbors to go beyond the three okay i

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think we got the answer then all right uh planning commission i'm sorry i cannot start my video

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yes peter there we go okay planning commission good afternoon board

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peter bernard for the planning commission

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this property is indicated for single family residential in the comprehensive plan

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we feel there is no hardship to vacant land accordingly we object to the variance

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Thank you. MI 2020-000132-11934 Stevens Road. My vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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Thank you. Number two on our list, Carol.

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Calendar number 0359-1311 North Howard Street. Michael Mattione is the attorney.

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Michael Mattione is the attorney.

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And there is a letter of support with provisos from the RCO.

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And all I would need is clarification on when they say weekdays, what days of the week are

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they talking about closing at 10 and the weekends? Is it Friday, Saturday, Sunday or Saturday and

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Sunday. So when

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Mr. Mattione gets on, I'll ask

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that question. He's on. Mr. Mattione, name

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an address on the record and spell your last name

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please and then I'll swear you in.

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Sure. Michael Mattione, M-A-T-T-I-O-N-I,

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Federal Reserve Bank Building,

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100 North Independence Mall,

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Suite 5A, Northwest,

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Philadelphia. Do you swear or

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affirm to tell the whole truth and nothing but the truth?

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I do. Do you also agree to

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raise the reading of the refusal and stipulate to its

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accuracy? I do.

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have you emailed the exhibit packet with proof of ownership tax compliance refusal referral

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photos plans five days in advance of this hearing and have you met with the rco

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and do you have a letter of court stenographer am i going too quickly or do you have this

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memorized by now no you're fine you're okay okay michael you may proceed yes to everything uh

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Madam Vice Chair. Okay. Again, this is 1311 North Howard Street and Avram Hornick and Alex,

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one of his partners, are on, I believe, at Avram's successful restaurateur,

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including things like Morgan's Beer Craft Hall. This is a straightforward refusal. This is an

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RSA 5 Zoning District, and so I'd like to hear my love letter.

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What are you doing to those poor people up in Germantown?

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Anyway, this is straightforward refusal, RSA 5 Zoning District.

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We've got a refusal for two things, for proposing an eat-in and a takeout restaurant, one for

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each of those two things.

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This is the site.

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It's a large industrial site.

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It used to be a steel fabrication

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building. It is a one-story,

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single-span, 19-feet-high building.

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What are the days and hours of operation?

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It's seven days a week.

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It is

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Sunday to Thursday.

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Well, during the week, Monday

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to Friday, it'll open at 7 a.m.

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It will close no later than midnight because they're getting a G liquor license, so they cannot close later than midnight.

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They proposed to close at, I believe it was 11 o'clock or 10 o'clock, I can't remember which, on Sunday to Thursday.

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Friday and Saturday would be open to midnight.

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Saturday to midnight, still open at 7?

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8 a.m. on Saturday and Sunday.

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Sunday?

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Sunday, 8 a.m. until, I believe, 10 o'clock at night.

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Okay, so 8 to 10.

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Saturday is 8 to midnight.

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And the others are all 7 to 12.

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Okay.

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Okay, thank you.

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Go ahead.

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And we do have a support letter from the South Kensington Community Partners.

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They had a seven-point proviso.

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We entered into a separate good neighbor agreement with them,

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agreeing to the proviso.

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They had things like outdoor seating

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at 10 p.m. on weekdays.

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It's outdoor, not inside.

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11 p.m. on weekends.

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Interior sale not to escape the premises.

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Trash and recycling to be picked up

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after 7 a.m.

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We'd install security cameras.

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The sidewalk will be kept litter-free.

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We'll have a pest control service

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and we'll have a manager in contact

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where the neighbors can contact the manager.

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We agreed to all those provisos

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and we have a separate good neighbor agreement

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with the RCO.

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There was no opposition.

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19 neighbors showed up at the RCO meeting.

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And again, this is an industrial building.

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The floor plans up.

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It's a one-story.

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We're going to have a bar here and upstairs.

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They're going to have local grains, local foods.

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They're going to serve pizza and bagels,

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and they'll brew local beer.

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It's a 19-foot tall building,

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and I'll just show the exterior so you can see it.

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Okay. Let's see, this is the building here, just the lower portion. There's our

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five proposed exterior lights. That's a clear barrage door you see right through it. It's

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transparent and it opens and they would have it open in nice weather.

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And that's the site. As you can see, it's an industrial building, even though it's zone RSA 5. And there's our letter of support from the RCO.

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That's the site. As you can see, it's an industrial building even though it's Zone RSA.

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Can you rotate that, Michael?

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I'm sorry, I just rotated it the wrong way. We'll go around the world here.

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It seems that the only proviso that appears to be enforceable is outdoor seating to end by 10 p.m. weekdays and 11 p.m. weekends.

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Right. I believe that that's probably correct.

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And there's your provisos.

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Okay.

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I think trash and recycling, commercial trash pickup.

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Correct.

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you could have that as well i believe uh yeah does the board have any questions

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uh yes uh is exhaust vent to the roof exhausted vented i'm sorry it's through the roof yes yes

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mr halliman thank you planning commission

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good afternoon board peter bernard for the planning commission

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this property is indicated for multi-family use in the resident in the comprehensive plan

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the area was part of a comprehensive rezoning in 2016 and 2017 that determined that residential

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use was best for this block locating a restaurant use in this area would create conflicts with the

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neighbors and increased traffic on a residential street we feel the proposed use would be better

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accommodated on front street or gerrard avenue commercial districts which are less than a block

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away from this property. Accordingly, we recommend against granting of the variance.

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Madam Vice Chairman, I also note at the corner right down the street at Thompson and Howard right

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down the street is another restaurant, the Laser Wolf restaurant, and at this building is an

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industrial building. It's a one-story 19-foot-tall industrial building used as a steel fabrication

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building for a long time, and we have the full support of the neighbors for this proposed use.

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So there is a clear hardship to the land here with this building.

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It cannot be accommodated.

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As you can see, the interior, you cannot accommodate it for residential use.

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Okay.

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Calendar number 035.

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Is there anyone in the virtual audience who would like to add something?

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Sorry about that.

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I had to go away.

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Oh, that's okay.

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If so, please raise your hand.

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No hands at this time, Chair, Madam Chair.

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Thank you.

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Carol, may I interrupt you?

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Sure.

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Did you get clarity on the days that they'll be open, a closure at 10 o'clock?

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10 p.m. weekdays.

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I'm assuming it would be Monday to Friday.

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Monday to Friday, Michael.

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