civus
Hearing video

ZBA Hearing - October 8, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 8, 20258h 7m

there.

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We're not sure if we're going to use it for parking.

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We're not sure what that's going to be there, but that is there.

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I didn't address or quickly I did want to address as far as parking.

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we don't feel as though the three units will increase the parking significantly as I mentioned

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earlier because the entire area is already the CMX and they're used to that the parking and in

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addition to that that whole space that here right here as you look right here let me put my screen

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on it my cursor on it you see this area right here as it goes all the way towards the back this

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property there's nothing else there so there's at least five to six parking spaces right there

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alone when you start at the corner of shakedown.

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Trash pickup area in the back.

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You could add that too.

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Yes, I said the early. Trash pickup, yes.

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Okay.

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I'm sorry.

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Hold on.

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Trash pickup area on the back.

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Hold on.

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Do you have any questions?

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Someone else had a question?

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Guys, you've got to pay attention here.

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Don't talk to each other.

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okay other questions from the board i just want to clarify for uh board member gaskin there is

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no second means of egress on this plan that's shown just so just so right and that that was

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what i was asking like where is the second means and i'm not i don't i don't believe that they

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depending on the length of travel from the furthest distance and of the in the building

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and it'll have to be sprinklered, it probably won't require

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a second means of egress by code, but they'll have to, you know,

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code will have to determine it, and I will have to determine it. But there's nothing

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shown on the plan, just so to be clear. Gotcha. Okay, thank you.

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Questions or comments from our attorney, Hillary Emerson?

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Just a couple quick things. One, I just wanted to note for the record, because this is an RSA 3 property, technically parking is required. It would be three spaces because of three units, and that is not noted on the refusal.

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Just a couple quick things. One, I just wanted to note for the

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record, because this is an R.

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If the board does grant this application, that will be included automatically in that,

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but I just wanted to put that on the record for clarity.

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In looking at the revised plans, it appeared that the only thing that changed about the plans

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was the number of units.

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There appeared to be no change to the envelope of the building.

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So in this instance, if the board does grant, I don't think it is necessary to adopt the revised plans

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because there's no change to the structure that's proposed.

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The board can simply do a proviso limiting the use to three units.

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Thank you.

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Questions or comments from the audience or the virtual audience?

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Hi, Chair.

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We have Charles Richardson with his hands raised.

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Hi, Mr. Richardson.

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Good afternoon, Mr. Chair.

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You've been sworn several times as please proceed.

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Certainly. Just wanted to point out to Mr. Islam and company, this is the first time that we're seeing this plan, period.

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You know, we did not receive anything back in January when you had the RCO meeting that was planned that we were not notified for.

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And so, you know, at this point, it's like we're seeing stuff for the very first time and you reducing from six to the last thing we heard was six.

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and now you've reduced it to three, we still haven't seen anything.

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You know, we're going to be requesting a hear and hold on this

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so that we can at least look at the plan and at least, you know,

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let the community know what the situation is.

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You had been dealing with Inez Love, who used to be the chair of the Faith CDC.

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And, you know, you had a meeting sometime in 2023,

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and then you had another meeting in 2024.

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but then she quickly suddenly resigned in November of last year and we heard nothing else from you

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guys honestly nothing and now again then you had you ended up making a meeting with uh Reverend

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Reverend Graves who actually was the you know the pastor of the church and he has since dissolved

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the RCO so you know he he wrote this uh this this this this this summary and you know he was the

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only one that met with you and you know so looking at the summary he was he was the one that approved

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it and he doesn't have really have the ability to approve anything for the community because he's

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only one individual so you know we're going to have a hearing we request a hearing hold

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and uh you know so that we can work this out not saying that we're that that that we don't

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appreciate you coming down from six to three but the situation is we have don't know anything about

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this and we need to know. Okay. If I can respond. Sure. This application was started in 2023.

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We had two meetings with the RCO. Yes, at the bequest of Ms. Inez Love. We had an agreement

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in that time in December of 2023 to change from six to three. That's when this original,

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the secondary plan became apparent. For some reason, we lost communication and we tried again

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and we met again in the spring of 2024. Secondly, not only did we do that, but we did meet with

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Mr. Graves because after constantly contacting the RCO, no one would respond. So then when we

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subsequently contacted the RCO, they told us to speak to Mr. Graves. We spoke to him. He gave us

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a letter of support. Then lastly, even after the last continuance, I myself sent out a request to

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the RCOs that's listed on the invite to all of the meetings. And I asked, how can I meet with

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the RCO? And I was responding from the board, from the ZBA. Someone responded to me and said

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from zoning that we didn't need to meet.

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So we did everything we had to do

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as far as to make the community notice and aware of it.

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And actually in the first two meetings,

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there were at least five to 10 people total

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that we met with.

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But again, Mr. Islam, we received nothing.

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All right, so Mr. Islam,

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we are gonna hold a vote on this.

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And I think what you have to do

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is you have to go to the council person's office

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and meet with them and then...

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But Chairman, if I can be heard one last time,

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I've sent an email to the councilman's office

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and at the last meeting, I sent an email to,

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I believe it was Mr. Richardson, I can't say who,

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but I sent an email to at least two other people

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and I never got a response.

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And I never got a response.

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And I said I was still open to meeting if I had to, but I never got a response.

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And I said I was still open to meeting if I had to,

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but I never...

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So we've done this, Chairman, for almost three years now.

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Yeah.

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So we're going to go a little bit longer.

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You've got to meet with the council person or Mr. Richardson or someone in the office.

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At least tell them what you're doing, show them the plans and things like that.

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But Hillary, can we just hold this till we close this record until we see where we stand?

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So, Mr. Chair, what I would suggest is that we give this maybe two to three weeks for that conversation to occur.

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We can close the record other than feedback from the council office and any response from the applicant.

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So let's go for three weeks.

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So that would be October 29th.

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October 29th at 2 p.m.?

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at 2 p.m yes we will vote we will vote we're going to vote on that day okay yep speak it's okay

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no no we're okay we don't have to say anything good all right all right and then planning will

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take their position then all right are we going to do it now go ahead

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thank you this is liz fuselay from the planning commission

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the comprehensive plan recommends no change to the residential single family rsa 3 zoning at

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this location this property still carries its original 1933 zoning there is no unique physical

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condition or circumstance of this property that would prevent it from being used in conformance

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with the zoning code the city planning commission recommends that the board deny the proposed

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dimensional variances for front yard depth rear yard depth and occupied area and the proposed

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use variances for multifamily

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household living and attached

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buildings. So we're going to go

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to the executive session on October

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29th, and we will vote at 2 p.m.

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Okay? Thank you.

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All right. Thank you.

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Go to Mr. O'Brien.

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Mr. O'Brien.

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we've got two cases

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mi 2025 002 820 4259 main street william o'brien is the attorney

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unanimous support from manioc neighborhood council 11 total votes

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from the MAC

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and six total votes from public.

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William O'Brien is being promoted to panel.

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Thank you.

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good afternoon mr chairman mr brian how are you sir could you please state your name and

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spell for the stenographer william o'brien w-i-l-l-i-a-m-o-b-r-i-e-n manioc law office

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on behalf of Tubby Robot.

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Do you swear or affirm to tell the truth,

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the whole truth and nothing but the truth

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and your client's Tubby Robot?

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Is that what you said?

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Yes.

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Okay.

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And I do swear to tell the truth.

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All right.

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Right.

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Okay.

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Thank you very much.

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Sorry, Mr. O'Brien,

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I just had a question.

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So we did not see a lease included in the packet,

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only the deed so we assume that your client was the owner are you just representing the tenant

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I represent the owner and the tenant owner is Flat Rock Realty and that is Chris let me back

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up Tubby Robot the managing member is Chris McGuire and the managing member of the real estate

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Flat Rock Real Estate is Chris's wife, Kelly, and I represent them.

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Okay, thank you for the clarification.

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Our Vice Chair, Tenetta Graham, has a few questions, Mr. O'Brien.

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Hi, good evening.

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Have you submitted your documents five days in advance of this hearing?

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I did.

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And do you waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Okay, thank you, Jim. Proceed with your case.

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Thank you. I can share my screen.

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I hope I picked the right one.

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There we go.

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Okay.

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So this is a proposed eating and drinking establishment at 4259 Main Street.

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This is the corner of Main Street and Roxborough Avenue.

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It's a permitted use in the CMX 2.5 zoning district. However, the Manioc overlay requires new restaurants or expanded restaurants to provide one parking space for every patron. This application does not include parking, so it resulted in a refusal. And that is the only refusal, the requirement to provide one parking space for each of the four occupants.

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It's a permitted use in the CMX 2.5 zoning district.

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However, the many...

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um the tubby robot well here's the letter of support from manioc neighborhood council

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this letter of support follows the execution of what we call a manioc a four-party agreement

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that agreement is between the neighborhood council the development corporation

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the owner of the real estate and the operator of the business that document is in the package as

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exhibit nine on page, starting on page 17. This is Tubby Robot as it exists today and has existed

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for about the last 10 years. As you can see, it's a 4369 Main Street. The owner is proposing to open

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a larger location and enlarge it about a block north. I'm sorry, block south. Right. This is

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The red box is the proposed location.

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You can see the Schuylkill River, Venice Island, the Canal, Main Street.

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It's right in the center of Manioc.

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This is the exterior photos of the existing building.

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It is a three-story mixed-use building.

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There are apartments on the third floor.

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The commercial space consumes the first and second floors of the building.

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This is looking south on Main Street to the right.

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The crosswalk is at Roxborough Avenue.

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And as I said, the first and second floors will be this commercial space, the new home for Tubby Robot.

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And that is on Roxborough Avenue looking towards Main Street, looking west towards Main Street.

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Some interior photographs. This is the entrance, the first floor front, if you will, of the building.

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Looking first floor rear towards the front. It was a salon, the previous use of these were

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treatment rooms of the salon. This will be modified. I'll show you the floor plans in a second.

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This is looking down the staircase from the second floor to that first floor entrance area.

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This is going to stay pretty much the same. This front area, this is going to be a private party area.

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This is the second floor middle and the second floor rear.

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As I said, let me go to the floor plans.

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The middle is the first floor plan.

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