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Hearing video

ZBA Hearing - December 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 21, 20214h 4m

are they unmuted

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they're unmuted chair can you state your name and spell please for the court reporter

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okay this is the first listing we have no exhibits at all that we see i'm great can you speak

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hello you're unmuted can you speak

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okay chair we can go for it we're for continuance with this let's continue that must be tried the

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next time yeah mi 2021 003343 hello yes hi i'm sorry something happened uh yes my name is gregory

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urban um i'm gonna try to represent myself uh with that i'm sorry wait a minute wait a minute

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wait a minute we we have no exhibits did you send in your exhibits yes i didn't i didn't know i have

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i thought i had sent everything but uh after all these cases i realized that uh i should send it

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again because i remember on the very beginning when i applied for permit wait a minute wait a

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minute but the thing is this we don't have your exhibits now okay so we're going to have to keep

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in this case we're continuing it must be tried the next time okay okay thank you all right thank you

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okay thank you all right thank you let me go back MI 2021-003-343-4827 A Street

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let me go back

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RCO 42nd Ward letter of support

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Thomas Lockwood

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and he's coming in now as a panelist here

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could you state your name and spell for the court reporter

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so you can unmute yourself okay

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How are everybody doing?

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Good.

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Could you state your name and then spell for the court reporter?

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My name is Thomas Lockwood.

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Spelled T-H-O-M-A-S, last name L-O-C-K-W-O-O-D.

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

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I do.

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All right.

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Mr. Holloman has a few questions for you.

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We did, yes, we did receive all the documents and the RCO letter, so you can proceed.

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Okay. So, I'm here to represent myself for the single family. I'm trying to change it to a duplex.

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um i purchased this house in august um it was um semi demo so i pretty much just had to clean it

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out once i cleaned it out um so i thought if i'm going to redo the whole house um to maximize um

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the space in it um if i can do zoning to make it into a duplex so that's why i'm here and i'm hoping

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that um y'all can approve of me for um a duplex okay um

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you went to the rco meeting yes um we went to the rco meeting they um they sent me an approval

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letter for that also um on everything that um y'all told me to send in i sent everything as

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as the refusal letter from L&R, the application that I sent for the RCO, I mean, for the ZBA,

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sent, I have also a tax clearance certificate for me. The letter that they, from the RCO,

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they did approve they said they support me also I also sent pictures of the outside of the house

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and inside of the house just after I cleaned it up and I'm over you can see it the first floor

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and the second floor a lot of the walls the stuff was majority the house was the way I looked but

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it just was like the demo stuff that was in there so I pretty much how looking at I just clinked

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everything out. And so what I do, what I planned on doing is when I put everything back together,

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I was planning on just making it to a duplex. There are, as I was on hand hearing everybody

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else testifying, I wish I would have, it's two other properties next to me that are duplexes

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already. I think it's 30, I think it's 29 and 31. So that's what gave me the idea. I don't know if

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They went to zone on the wet, but it do have the mailboxes do have two meters on each of the properties and it's one other one damage further down the street to have two meters in the mailbox set up and everything.

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So that's why I was hoping I can have support from y'all to making this a duplex also.

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Questions from the board.

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No, Mr. Chairman.

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No, Mr. Chairman.

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question or testimony from the virtual audience yes chair we have sloan folks

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mr folks you can unmute yourself

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morning chairman bergman zba board sloan folks office of councilwoman maria keyona sanchez

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from 508 city hall i've been sworn on already do me a favor spell your name again yes

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S-L-O-A-N-E, folks, F-S-A-F-I-R-O-L-K-S.

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The applicants, having met with the coordinating RCO

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and having received a letter of support,

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the Councilwoman offers no opposition to this various requests.

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Thank you.

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Thank you.

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Any other comments from the virtual audience?

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no more hands here planning commission thank you chair bergman ian hegarty from the philadelphia

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No more hands, Chair.

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Planning Commission?

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Thank you.

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city planning commission staff members of the board the comprehensive plan recommends no change

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from the existing single family zoning at this location and on this entire block

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we really haven't seen any evidence of a hardship here there's no unique physical circumstances or

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conditions of the property um the only thing that we've heard from the applicant is that uh

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he's renovating anyway and he thought it might be good to have two units i don't think that that's

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a hardship the city planning commission recommends that the board deny this variance

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mi 2021 003 343 48 27 a street i vote yes thomas holliman my vote is yes

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ishmael shaheed my bonus yes as well thank you mr lockwood thank you have a good holiday

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mi 2021 003188 6637 caster avenue rco take back your neighborhood letter of non-opposition

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zen jenny

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good morning just state your name again zen yes zen jen z-h-e-n-j-i-n here on behalf of the applicant

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so i um again this is an application that was uh forwarded just just a minute this is

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do you agree to the reading refusal and stipulate to his accuracy i do we did receive all the

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documents, so please proceed. Thank you. I will refer to the index exhibits. Number one is the

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refusal. This is an application in the CMX1 district on Caster Avenue, 6637 Caster Avenue,

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whereas the proposal is for a takeout restaurant that is normally not permitted in CMX1. However,

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Castor Avenue, particularly at this portion of the location, is predominantly commercial in nature.

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In fact, if the board would reference the photographs of the property, you can see that we actually have a restaurant on either side of this business already.

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Because of such, the community understands that this use is very consistent to what is in the neighborhood and is not out of place.

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In addition, we have both a rear access as well as ability to have drop-off not come off of Castor Avenue, making this space perfectly viable for the intended use.

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The plans show that the proposal is to upgrade what is currently approved as a seafood business into cooking the seafood and presenting it to the community.

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That is actually due to customer request.

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As a result of the need for the hot cooking, as well as the function of the location where it is in the neighborhood, we would ask for the board's favorable review of this matter.

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Is the owner here?

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Unfortunately, I do not believe he is.

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Mr. Lee was traveling this morning and had difficulties getting on Zoom.

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You're an officer of the court.

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We'll take your testimony.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Testimony from the virtual audience?

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No hands at this time, Chair.

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Planning Commission, please.

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Thank you for the Philadelphia City Planning Commission.

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Members of the Board, the comprehensive plan recommends a zoning map change to CMX 2.5 at this location in keeping with the referenced commercial nature of this corridor.

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The proposed use would be permitted by special exception under that recommended zoning, just for the Board's information.

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The proposed use is also broadly consistent with the commercial nature of Castor Avenue, and the building is a commercial structure.

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The City Planning Commission recommends that the Board grant the variance.

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Thank you.

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MI 2021-003-188-6637 Caster Avenue.

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I vote yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes as well.

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Thank you.

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Thank you, Senator.

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Thank you.

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Have a good day.

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MI 2021-001-115-7037 Ogance Avenue.

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RCO 10th Ward Democratic Committee.

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Letter of Opposition.

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petitions from nearby neighbors in opposition um the attorney for the property please

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Um, the attorney for the property, please.

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Chair, the attorney is Shoshana Bricklin.

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Okay.

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And she's coming in now as a panelist.

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Could you please state your name and spell it for the court reporter?

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Hey, ma'am, you're still muted. Just unmute yourself.

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Shoshana Bricklin, S-H-O-S-H-A-N-A. The last name is Bricklin, B-R-I-C-K-L-I-N.

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I'm the attorney for the applicant for this property 7037 Oguns Avenue I guess

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we're not going to be displaying Miss Bricklin do you swear to tell the truth

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the whole truth and nothing but the truth yes I do could you just hold on

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one moment please I need to mute myself

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Thank you. There was some background noise and I was sure. Sure. Okay. Mr. Holman has a few questions for you. Do you agree to the reading of the refusal and stipulate to his accuracy?

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Yes, I do.

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We did receive all of the documents and RCO letter.

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Please proceed.

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Thank you.

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This is a request for a permit to change the, to have a smoothie takeout operation at the corner at 7037 Oguns Avenue.

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This property is at the corner of and is part of a commercial corridor, which is right up the street.

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And if you look at the last pictures of this in the packet, you will see the aerial view that shows exactly where this property is located.

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Um, at the end, it's right at the edge of a strip mall where the DMZ, um, Ogance Avenue, um, Department of Motor Vehicles is. There's this, there's a wine and spirits store. There are commercial properties across the street as well.

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Um, we are asked, the applicant is asking that, um, he'd be allowed to operate this, um, this

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takeout smoothie, um, smoothie operation in, in the property. Um, the property, you will also see

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the property, the, the picture two above the, the picture two before the aerial view will indicate

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that this property is always, has been, has physically been created to have a commercial

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space. My understanding from the history that I was, is that this property has been used

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commercially for many, many years. And so we are asking that this continue to be, that the

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applicant be allowed to operate this operation, this smoothie operation, health food,

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um drinks and um in this property i'm happy to answer any questions the applicant was here

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earlier but he had to leave um as well given all of our we will take your testimony as an

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officer of the court thank you very much board questions yes mr chairman will there be a takeout

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window there will only be a takeout window it is not an in-person um operation there will be no

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seating as at any point thank you any other questions from the board no seating inside nor

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outside correct no seating inside or outside absolutely questions or comments from the virtual

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audience yes chair we have hillary emerson miss emerson you could unmute yourself

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good morning mr chair members of the board hillary emerson on behalf of councilwoman

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sherelle parker e-m-e-r-s-o-n do you swear or affirm to tell the truth the whole truth and

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nothing but the truth i do proceed thank you um mr chair the councilwoman um joins the community

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in their opposition to this proposal um while ogance avenue does have a significant amount of

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commercial uses on it the block that this property um is the corner of is actually a residential row

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house block. It also is adjoining to other residential blocks.

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It also is adjoining to other residential blocks in this immediate area.

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There's also a church on the same side of Ogons, but across the street.

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There has been commercial history in the past with this property and this ground floor.

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However, it was significantly lower impact than a takeout establishment.

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Other uses were a real estate office and a tailor shop, uses that would be during normal

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business hours.

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And those hours and days of operation, which were discussed at the community meeting, was

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one of the many concerns that the community raised and was also a concern to our office.

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The applicant had proposed being open seven days a week.

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The community was concerned with having the takeout window, that there'd be trash and loitering.

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The applicant proposed that the business would be seasonal.

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However, takeout doesn't have to be limited to smoothies and ice cream, as he suggested.

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It could be expanded.

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So there was concerns about that, that it could be expanded to other food items.

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There was a concern raised about parking.

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The church across the street that I mentioned does not have parking, so parking can get tight there with all the residences and then the church use.

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Also, the street that you turn off of Ogon's Avenue alongside the street, 71st Avenue, is a one-way street.

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So there are concerns about people going the wrong way on that street.

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and I received a call from a former block captain this morning who still lives on that block telling

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me that people tend to speed down Ogons and make sharp turns onto 71st Avenue in a very

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in a very dangerous fashion. There were also concerns discussed and raised at the meeting

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about the property not being kept up well currently. The owner at the time admitted

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that he was not visiting the property as regularly as he should. He also leased it to another tenant

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previously who had started to set up a barbecue establishment before he realized and was cited

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by the city for starting a business without having the proper zoning and permits and licenses in

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order. Lastly, I would like to note that we don't believe there is a hardship. In this case,

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There are other uses possible here, and the community had also, I've had a couple community

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members suggest to me that it might actually be more appropriate to turn this former commercial

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space into a residential dwelling unit, given the residential nature of this section of

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Ogons Avenue.

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And I believe there may also be other community members who are present who would like to

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speak.

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I know they were, at least one of them was trying to get on this morning.

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I do not know if he was eventually successful in getting on.

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Thank you.

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Thank you. Any other community members in the virtual audience want to make comments?

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Yes, Chair, we have Walter Butler. Mr. Butler, you can unmute yourself.

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Yes. Good morning. Could you do me a favor, state your name and spell it for our court reporter?

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Yes, my name is Walter Butler, W-A-L-T-E-R-B-U-T-L-E-R.

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

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Yes, I do.

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Proceed, sir.

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