civus
Hearing video

ZBA Hearing - July 23, 2025

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

Right on Kensington Avenue.

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More photos of it.

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Some interior photos, just so the board has a sense of the size and scale of the space, given we're doing eating and drinking establishment, takeout window, artisan industrial space, a coffee roastery and a brewery, sort of a very mini brewery, not to the scale of yards or anything to that extent, just given the space.

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but um and the uh team is on here they can tell you a bit more but it's worth noting this is a

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minority-owned business and what's very interesting about it is that their presence already in

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kensington the community involvement they have through a separate non-profit they do a lot of

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service and good work in the community which is why the community group i think was so supportive

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of this and also they're going to be bringing a type of uh brood product to philadelphia that

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doesn't yet exist anywhere in this country. So pretty unique operation that they have. And if

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you've been to their spot currently, I've heard some of the best sandwiches in the city. So

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wonderful expansion of this existing business. Again, interior photos.

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Giving us that scale. This is just the zoning chart, just to show where we don't comply with

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the code. CMX2 contemplates a sit-down restaurant. It contemplates artisan industrial. It doesn't

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contemplate a takeout restaurant, although I think all of us would assume that takeout is kind of

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an accessory use to sit-down restaurant. So that was the refusal, the refus-

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um sit down restaurant so that was the the refusal uh the referral that we have um there's a lot of

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other buy right uses that would be permitted by right such as a medical marijuana dispensary

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or sundries and pharmaceuticals that would be probably more impactful than putting a takeout

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restaurant to service an existing sit down a proposed existing sit-down restaurant

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and then the artisan industrial is living industrial so that we can brew and ship off kegs

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to other locations and brew them on site so that was the the and there's no really artisan use

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besides the artisan industrial which doesn't incorporate the ability to do any kind of kegs

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or at the level that we need to for this operation so that was um but as you can see it's in a sort

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an industrial sized warehouse so there's plenty of room and the existing character would not be

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out of sorts for something like that. We met with the Harrogate Civic Association

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on Thursday, April 3rd in person and as previously mentioned obviously we sent out all the required

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mailers and we had 16 members in full support of the project, no opposition. A lot of the community

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members were very familiar with the tenant and their work in addition to the owners of the

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building shift capital and we're very excited to see um all of the the new operation and all the

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improvements that will go on with the investment of this site cameras uh green energy options

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lighting sidewalk trees um as well um also have a letter of support um for from councilman driscoll's

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office uh if i could briefly bring on sasha spriggs from isa just to go through the plans

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that we have, that would be great.

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Sasha Spriggs, please raise your virtual hand.

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I see no hands, Chair.

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There she is, Chair.

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She's coming back in as a panelist now.

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Thank you very much.

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for some reason

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she's not going over as a

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panelist

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okay

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she keeps declining to be promoted

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to a panelist

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Ms. Spriggs, when you receive the request to be a panelist, please accept it.

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Sasha?

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She should be coming back in now, chair as a panelist.

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Thank you.

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Great.

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hello this is sasha are you able to hear me yeah we can sasha could you please uh could you first

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turn on your video yes um apologies there is a little bit of a mix up sure we were going to have

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brian phillips present from our office um well who's going to do this i just

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i'll i'll just do it that's fine okay all right could you please state your name

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sure my name is sasha s-a-s-h-a my last name is briggs s-p-r-i-g-g-s

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you swear a friend to tell the truth the whole truth nothing but the truth

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i do please proceed counsel um sasha do you want to go through the the plans

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sure is if brian's on and he can do it that that's fine i just had both of you listed so my

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apologies yeah no that's fine i'm able to do it he'll just listen in from the other room

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okay okay so as you can see on our screen this is the plan of the supposed cafe roastery restaurant

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it's at the intersection of kensington ave and russell street as rachel mentioned um this is

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an existing building that was previously a hub of the community, a skating rink, and then later,

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I believe, a movie theater. And we're keeping the exterior largely the same, only reopening some

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previously filled openings to let light into the space and reworking two entries, one so that there

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will be a primary entry to the restaurant off of Kensington, and another providing a secondary

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kensington and another providing a secondary means of egress to the restaurant off of russell as well

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means of egress to the restaurant off of Russell.

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as a primary access for loading to the brewery you can see this plan is color-coded it provides

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a full restaurant with commercial kitchen in that like medium blue tone and north there will also

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be a roastery off of Kensington Ave served by, again, a ramp that's expanding on the existing

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roastery at Cafe currently. And then there will be, in addition, a full-scale brewery at the rear

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of the building. Plan North, there's a trash and loading alley, which will provide access and

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storage of trash to the north of the site, and a gate providing access to Kensington Ave so that

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all of the trash loading will come on and off of that street.

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Finally, you can see in the large letters that say takeout with an asterisk,

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the takeout window, which will allow this restaurant to be used in off hours

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without having the requirement for the full restaurant to be open.

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And there is a little bit of street seething as well.

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Okay.

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um are you done sasha sure okay yeah rachel yeah just these are the proposed renderings and i just

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uh because it might be asked by the board the ramp and the street seating we're working they

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require an ordinance which we already are working on with the council office so while they're not

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part of this particular application they're on the plans uh but wanted to mention that just in

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event that if there were any questions on that okay um do you want to bring your client on

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rachel yeah um testimony is there a greg de fabio

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all right fabio's coming back in as a panelist now

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mr defabio yes sir hi could you please state your name and spell for the stenographer

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yes greg g-r-e-g-g the fabio d-i-f-a-b-i-o you swear or affirm to tell the truth the whole

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truth nothing but the truth yes counsel reg have you heard my testimony today do you believe it

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be true and accurate and do you adopt it as your own yes thank you questions from the board

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i have a question so the the what is on the second level

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it's just a uh greg do you yeah can i talk yep so yes the second level is for is for storage

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as well as some mechanical equipment.

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Okay, thank you.

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Can you walk us through the delivery

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and export that will take place at the site?

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Where are the trucks loading?

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How are they loading?

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Is there a loading zone on the street?

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Dedicated loading zone.

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How is that going to work?

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and how often does that occur?

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He said you off tomorrow, right?

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Greg, do you want...

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Yeah, I mean, if Sarah's here, our civil engineer,

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she can answer, but I can answer too.

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I don't know if Sarah's here.

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Is Sarah Poindexter in the audience

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or Albert Pack, who is the owner of Cafe Roastery?

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Sarah Poindexter is coming back in as a panelist now.

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Thank you.

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And can you go back to the plan, the site plan, so we can.

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Sarah.

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It allows us to speak, Chair.

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Okay, Sarah, can you state your name as Bell for the sonographer?

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Yes, Sarah Poindexter, S-A-R-A-P-O-I-N-D-E-X-T-E-R.

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

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Yes, I do.

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Could you turn your video on?

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Yes, if I can figure it out.

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She's coming back in as a panelist now, Chair.

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OK. OK, I'm here.

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Okay.

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Hi. Hi.

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Did you hear the question?

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Yes, I did. So and I'm wondering if we actually have the zone, the streets department plan included in this.

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It might be. There we go.

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So so if you zoom in a bit, you can see to Michael Johns, the loading space, you can see a striped in the right of way.

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There's like a 30 foot along Kensington Avenue close to where the trash.

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So for the trash, the trash can be wheeled out and that's where the pickup is.

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But for the loading, this is where the loading truck would park.

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They basically have a ramp that's been approved to bring up any types of deliveries.

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And then the ramp to the building, both on Kensington Ave and East Russell Street, are wide enough for those deliveries.

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And that's one reason why we're going through the ordinance process, to make sure that those ramps can encroach into the right-of-way at a width that would accommodate delivery.

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Okay, and will that, the striped area along Kensington Avenue, will that be a dedicated loading zone or with signs or striped paving, or how is that going to work?

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So it's a striped loading zone with signage that we're working through with PPA.

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But yes, it's been approved by streets, and now we're going through that with PPA currently.

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And how often would they be loading and unloading for the brewery?

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Is that an all-night sort of thing, or is it certain once or twice a week?

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What's the plan?

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What do they envision?

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This is Greg DeFabio.

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I can answer that.

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For the trash, obviously depending on the amount of business,

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but we would probably have pickups twice a week.

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And for loading for the tenant inside, we're talking once daily, maybe twice daily.

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And usually on the week, during the week, not the weekends.

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Other questions?

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Hours of operation for the restaurant.

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I don't think we pin down the actual hours right now.

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OK. All right. Thank you. Other questions? Yes. What is the roasting room? I'm sorry. I understand a brewery, but there was a roasting.

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Right now, Cafe Roasters is going to be the tenant. It's for coffee. So they're going to have a couple of roasters in there. Their current operation is not big enough. So we're expanding that operation.

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and the other operation is literally a stone's throw away if you have a good arm yes

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okay all the questions questions for our attorney hillary emerson um just one clarification miss

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pritzker um the refusal is for a takeout restaurant this but i believe you indicated that

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or the referral rather that you already had approval for a sit-down restaurant at the site

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and that seems to be what's depicted in your picture so I'm a little bit confused why

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you're requesting relief for a sit-down restaurant. I'm not we're not requesting relief for a sit-down

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restaurant I had mentioned that we had got a prior zoning approval for the existing sit-down

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restaurant the two elements of the project that require zoning board of adjustment approval are

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what's on the refusal, but we had included in our plan sort of the whole picture because when we

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went to explain this to the community group and also when you explained to the board wanted to

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show kind of the full picture, but just the only two elements that we need, zoning board of

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adjustment approval, are depicted on the refusal slash referral. Sorry if that was confusing.

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Right. No, I just don't understand why you are asking for a takeout restaurant if you're already

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approved for a sit down because takeout is accessory to sit down because i yeah because

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i believe for whatever reason in the code for cmx2 there are certain uh overlays and considerations

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where they were marking this walk up as a um primary use yeah um it wasn't on the same application

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so we went back and forth with them on this and that was ultimately what we came up with um

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okay hold the it's it it wouldn't cancel out the sit-down use that you already have like it

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wouldn't be considered a change of use correct because it's a separate location oh okay it's

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Oh, okay. It's not in the same space. Like the sit down restaurant is its own space. And we

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not in the same space like the sit-down restaurant is it's

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provided a key plan when we did that submission. Got you. Okay. So it's a different part of it's

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the same address, but it's a different part of the building is what you're saying. Yeah. The

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takeout window, if I can show you is like sort of within the vestibule of the front. Um, it's not

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like in the same side of it. Um, so for some reason on the code, see CMX two on the screen.

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right right no i understand i understand it's yes so it's just confusing that if you already

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had approval for a sit down that you were having a takeout as well but it sounds like the takeout

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may be a little bit it's separate from the restaurant it's specifically for the brewery

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yeah and to be honest with you there's a number of these because the some of these charts and i've

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talked to ellen i and the attorneys the city about this where it's sort of unclear whether

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it's a separate thing or together and even if you're applying for it as accessory they kick it

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back as you need a variance for it or a special exception for it it's just i've had like six of

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these that are like this especially in center city so i think there's a little to your i'm

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agreeing with you completely it's just the way that l and i has um decided these things and we

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need that that's fine i just want to i'm happy to hear that you had a conversation with l and i

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about it because i just wanted to make sure that if if you already had approval for one type of

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eating and drinking establishment this wasn't going to mess that up so you've had that

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conversation already so that that was my my main concern yes and see the takeout restaurant see

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if you can see the window right here it's the takeout window so I think maybe given it has

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like an additional separate feature to it where it's a window not just the accessory use it's

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they're considering it as another primary use and it would work as Sarah mentioned sort of

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independent or greg mentioned independent from um the restaurant whereas they don't have to open the

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full restaurant so that that was okay i get it yes no thank you thank you i appreciate the

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clarification questions or comments from the virtual audience i see no hands share planning commission

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thank you chairman and good afternoon david effecto f-e-c-t-e-a-u with the city planning

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you swear affirm to tell the truth the whole truth and nothing but the truth yes sir i do

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please proceed thank you sir chairman and board members the comprehensive plan recommends no

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change to the cmx2 commercial mixed use zoning at this location the city rezoned this neighborhood

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in 2017 and a community requested map change the appellant has shown that the proposed takeout

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