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Hearing video

ZBA Hearing - July 23, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jul 23, 20254h 34m

plan um because it looks like they're all using a common stairwell and there's no

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there there are doors but like what's the plan to to kind of keep those so the classroom will

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have doors and we do have um the the the each classroom will have a door and there's someone

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there's always camera and there's someone that's gonna be there to open and close doors so

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it's not um open access where anybody can just walk through okay

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um here's the plan for a.1.3 okay any other questions

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Ms. Martine, so you went to the 12th Ward

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Democratic RCO and they're supporting you, right?

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Yes.

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And then Solo Germantown was also

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non-opposition to what you want to do and Councilwoman Bass

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is in favor, am I correct? Yes. That's correct.

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Okay. Questions from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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questions or comments from the virtual audience

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here I have a

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hand up from a Cheryl Smith

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I will promote them and they should be back in shortly

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Ms. Smith

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Yes.

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Hi, could you please state your name and spell for the stenographer?

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Cheryl Smith, C-H-E-R-Y-L-S-M-I-T-H.

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

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I do.

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Ms. Smith, could you turn your video on, please?

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Just a minute.

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There you go.

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Thank you.

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Are you a neighbor?

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I am the 12th Ward RCO representative.

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Please proceed. Thank you, ma'am.

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Okay, we held our meeting with them.

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The plans were, and I think you noticed this, kind of confusing.

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And I think you notice this kind of confusing. The some of the things that they introduced today were not brought up like the bathrooms on every floor and things like that. But aside from that, the corner, they do occupy the entire corner, three sides of that corner.

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okay it is active on that corner so even though there may be um parking um it's a very active

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corner so we recommend that they try and find a way to have a designated um area for drop-off

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that's kind of monitored or roped off or something um i know they can't do a curb cut or anything

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like that but it's it's it's dangerous there there have been multiple accidents there's a

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store across the street that people just pull up. You have to pull out too far into the street to

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make a turn. And on top of the fact that they're a daycare and I'm an RCO representative, I'm also

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a longtime neighbor. I remember when the original boys club was there and, you know, those things

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were going on. More people drive now, more people are less cautious about what they're doing. So

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So one of the concerns we have is safety.

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The other thing is that the pool as it stands now is enclosed, okay?

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It's always been enclosed with a fence.

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I don't know if they still expect to have that enclosed when they make it into a play yard,

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but it's not going to be a very large space unless they tear out something because, you know, it's a pool area and it was never a large space.

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it's not even the size of one of the houses that's there. So if they do that, they need to

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make sure it's secure, hopefully some green space with it. There's a lot of kids that they're

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talking about. Even though they staggered throughout the day, like the infants would be

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there all day, but the toddlers would, you know, they leave at a certain time and then you have

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the kids who go to the schools in the area. But that's still a lot of kids, even if it's not

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140 or 165

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or whatever she wants. It's still

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too many for

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that space.

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And so those are the concerns

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of the neighborhood.

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But Ms. Smith,

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you were in support of it, right? Am I correct?

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No, we were in non-opposition.

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Okay, all right. So basically that is

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support, but the way that the neighbors

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were, let's say

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the near neighbors, a few of them were in

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support there were multiple people on the call a few of them were in support um one was one or two

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were in non-opposition but the multiple the most of the community was in opposition um to to that

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especially with the other larger daycares in the area um one block one a block away and things like

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that so I think that they um I don't think that what they presented was um what I don't think

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that was a good representation of what they want to do okay so it was confusing it's overcrowded

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um and it's unsafe as it stands right now so all right thank you for taking the time to call

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thank you for your interest in the project is there anyone else with the virtual audience

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enough other hands mr chair planning commission thank you chairman and good afternoon david effecto

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with the city planning commission chairman and board members the comprehensive plan recommends

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no change to the rsa 5 residential single family zoning at this location the city rezoned this

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neighborhood in 2018 in accord with recommendations in the comprehensive plan according to the 1962

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works progress administration land use map this property has a history as mixed commercial and

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residential the city planning commission recommends that the board grant their proposed

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use variants for a child care center thank you mi 2025 001 490 248 earlheim terrace i vote yes

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michael johns my vote is yes cheryl gaston my vote is yes tanetta graham my vote is yes

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Ryan McAdams, my vote is yes.

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Tywin, my vote is yes.

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Thank you.

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Thank you.

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You have your votes.

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Thank you very much.

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We're going to take a five-minute break, and we'll be right back.

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Thank you.

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Number seven, MI 2025-001-538-1123-25 South Broad Street.

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David Orfanides is the attorney.

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There's unanimous support from the South Broad Neighbor Association, eight votes, including three affected addresses, and a letter of non-opposition from Council Member Squill.

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and a letter of non-opposition from Council Member Squill.

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Good afternoon, Mr. Chairman, members of the board.

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Good afternoon, sir.

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

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Certainly.

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My name is David Orphanides, O-R-P-H-A-N-I-D-E-S.

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Right.

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

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I do.

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Could you identify your client, a relationship to the property, sir?

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Sure.

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my client is Wizville LLC. That's W-H-I-Z-V-I-L-L-E-L-L-C. They're the tenant and they're

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doing business as Claude's Comedy Club and Bar. Right. Do you waive the reading of the referral

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and agree with its accuracy? I do. Why don't you start your presentation?

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Certainly. May I share my screen?

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can anybody see my screen we can sir we have and just for a point we have all your documents so

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you can just get right into the presentation fantastic all right so uh again um 11 23 to 25

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south uh broad street is uh the subject property my client uh is the a tenant he does not own the

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building the building's owned by peter del borrello jr and elizabeth del borrello they're

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the landlords. My client is renting the cellar basement of the property, which is presently

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vacant. Up on the screen, you have a photograph of the property taken from Broad Street.

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It's presently utilized as a check cashing and a pawn shop on the ground floor. There are an

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office on the second floor, and there's a church on the third floor. There's a side street to the

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north to the left and that's altar street um the application that we're here for today so there's

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there's already a permit there was already an application put in and a permit was issued

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uh this was done as two two parts two phases um so back in january there was a buy right permit

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because of property zone cmx2 for an eating and drinking establishment sit down restaurant

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My client wants to have the comedy club.

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So the comedy club generates a referral in the CMX2 zoning district because it's assembly and entertainment.

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The zoning code provisions, as you can see in the zoning table for CMX2 that I've included at tab D2, you can see the sit down restaurant is permitted.

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But that assembly and entertainment is a special exception.

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You can see it right here.

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The property is located, as I mentioned, on Broad Street.

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Here is an aerial image.

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Here you have Washington Avenue to the north, South Broad Street running here.

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You have Lincoln Square located on the northwest corner.

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You have the new apartment and commercial mixed-use development, which in the aerial isn't finished but now is, on the northeast corner.

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You have the Marine Club condominiums on the southwest corner of Broad and Washington Avenue, and then the Rock School on the southeast corner.

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And you can see here, again, the property is on the southeast corner of Alter and South Broad.

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The owners of the property also own the property that's located at Buddington, the subject premises, which is a parking lot.

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And you can see that parking lot right here.

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um i show that because there is a dumpster uh in the back of the property um trash you'll see

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it's going to be stored inside and then ultimately put outside for class collection by the for the

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building by commercial trash pickup and that's done uh three times a week there's another view

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of the picture again here you can see the newer building that's going up on the northeast corner

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and other views of the property. Again, it's zone CMX2. There's an abundance of public

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transportation located on coming down Broad Street, as we're all fully aware. There's parking

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garages located nearby. Here's showing our property right here. And then also bike sharing

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located very close proximity. Again, exterior photographs. You can see, I mean, we're all

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familiar with Broad Street or Spoon Saddle, but it's just on the same block, a little bit to the

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south, but a mixture of residential and commercial up and down Broad Street. Interior photos, this is

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what the space looks like before starting the renovations for the sit-down restaurant. And you

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can see it's down in the cellar. It's a space that's been vacant for a while, so we'll be

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utilizing making use of of a space that otherwise hasn't been utilized for a little while these are

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of a space that otherwise hasn't been utilized for a little while these are i'll show you in a

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minute an aerial aerial an area plan so you come down steps from broad street um that you can see

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here and then in the back there's steps that go up that lead up to the to this area

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here and then that goes out to the back out to the out to the parking area

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So I mentioned, again, there's a by-right permit for the sit-down restaurant.

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Here's the entrance from Broad Street, the stairs leading down to the cellar, and then here's the stairs leading up and down to that area, that locker area in the rear that goes then to the parking area and where the dumpster is.

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Here's the floor plan.

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Total occupants, maximum number of occupants is 213.

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So the way you can see here is the trash room for interior trash storage until it gets put out.

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Storage for utilities here.

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the stairs leading down from Broad Street with an office. So this is the area where the comedy

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shows are going to be happening. You'll see in a minute, there's going to be soundproofing that's

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going to be applied throughout the space. And basically, this is going to be a closed off area

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that obviously you have to pay admission. You can come down and you can have drinks at the bar.

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There'll be small bites, snacks offered.

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And then if you want to come in to see a comedy show, you can come into this area in here.

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There's a green room back here.

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Here's the stairs that are leading up to the parking area, and then restrooms back in the corner.

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Again, here's some information regarding the soundproofing that's intending to be offered or to be installed.

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In terms of the special exception criteria, again, as this board is well aware, the use is generally deemed to be acceptable at this location.

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We have a pretty low burden of proof to establish that this use, even though it's not existing at the present time, isn't going to be any worse than this use typically is.

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And you can see the hours and days of operations, Sunday through Thursday, 4 p.m. to only 12 o'clock, midnight, Friday and Saturdays, 4 p.m. to 2 a.m.

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For full-time employees, and you'll see the staffing 8 to 10, Sunday through Thursday, 12 to 15, Friday through Saturday.

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Interior trash storage, again, collection, the dumpster and collection from Malter Street, and the trash collection two to three times per week with pest control.

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There is reference in the letters for both SBS and A, and then reflected in the letter from Council Member Squilla, that it's support with agreement.

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I did not include it with my exhibit package. If you would like to see the agreement, this is an agreement. I'm putting it up on my screen right now. I can supplement my submission that was entered into between my client and South Broad Street, SPSNA, predominantly in regard to the liquor license.

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And there are a number of restrictions regarding, you know, you can't have nothing outside on the sidewalk, interior, closed sound system, no outside sound systems, no promoters, no dancing, no live music.

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I mean, there may be a comedian that plays an acoustic guitar, does some keyboards with their act, but there's no music and dancing.

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And that's all set forth, these types of things, having security when I think there's more than 100 people who are going to be in the club at any particular time after 12 a.m., things of that nature.

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And I can provide that to the board if they would like, given the fact that both SBS and A's letter, as you can see here, which, again, was unanimous, supported with the proviso, does reference the agreement, as does Councilmember Spillow's office.

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uh in my submission i included a copy of the lease originally i submitted when i submitted

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the other on friday um it was only executed by my client that then was notified that it wasn't

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fully executed and did forward the fully executed copy the deed showing that the landlords that are

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indicated in the lease the del borellos are in fact the owners of the property that's at tab f

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tab g is our tax clearance uh the notice the poster for today's hearing and then the posting

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at the property of the notices you can see here and the notice the notice in the notice of refusal

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and then the 14 303 notice um that was mailed out you can see here for a meeting with sbs and a it

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was a virtual remote meeting on april 15th and that was a mail first class certified

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i think with that i would have my client uh david just to be sure this is in the basement where this

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is right yes exactly so it's not first floor it's basement no yeah so it's a base so if you see

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right here in this picture where i'm circling for the orange you go there and you go down

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and everything again to look at those uh those interior photos this is what it looks like down

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And everything, again, to look at those interior photos, this is what it looks like down there right now.

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And just out of curiosity, David, there's no problem using the basement with the subway right there?

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Not that I'm aware of.

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Okay, thank you.

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I mean, no.

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I mean, it's been utilized in the past.

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It's just vacant right now, and we thought it was an appropriate location for the establishment.

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Why don't you bring your client on?

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Sure.

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Read, bend it, if you could raise your hand.

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And then I also have the architect who prepared the floor plans and the site plan, if you'd like them.

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They can also adopt my statements.

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Here's to be coming back in as a panelist shortly, Mr. Chair.

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