civus
Hearing video

ZBA Hearing - March 12, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Mar 12, 20255h 59m

I think there was

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a refusal listed for it.

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Questions or comments from the audience or the virtual audience?

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Chair, I have a hand up by

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Charles Richardson.

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Mr. Richardson.

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mr richardson should be in shortly good afternoon mr chair good afternoon um could you state your

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name spelled for the stenographer certainly charles richardson r-i-c-h-a-r-d-s-o-n

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office of councilwoman cindy bass room 508 city hall do you swear or affirm to tell the truth

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the whole truth and nothing but the truth? I do. Please proceed, sir.

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Following the lead of the RCO, they made a couple of

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proviso requests that there be no basement

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living and also only two units. The councilwoman

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is not ever in support of basement living, and

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good to hear that the applicant is amenable to actually

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changing that only to two units and not doing

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any any uh bedrooms in the basement so uh the councilwoman is is uh not opposed to it as long

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as there is some movement towards that towards not having basement living uh in that property

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all right thank you very much anyone else in the virtual audience

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planning commission

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amy boyd with the planning commission the comprehensive plan recommends no change in

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zoning at this location for the existing single-family residential rsa3 the property

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has previously done commercial and has a history of mixed use the conversion is commercial ground

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for living and to breath am i echoing

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i'm echoing what my mind should be

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you got rid of my testimony

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did she did she finish start don't worry yeah um amy board with the planning commission

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The comprehensive plan recommends no change in zoning at this location

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with the existing single-family residential RSA 3.

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The property was previously zoned commercial and has a history of mixed use.

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The conversion of previous commercial ground floor into residential

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is more in line with the spirit of the zoning code.

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No parking is an existing condition of the property and typical of the block phase,

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and the appellant has shown that there are unique physical conditions or circumstances.

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They would prevent the property from following the zoning code requirements for parking.

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The Planning Commission recommends that the board grant the requested variance for two-filling residential and no parking.

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Thank you.

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MI 2024-006-670-5138 North Broad Street.

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I vote yes with proviso.

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Maximum two units, no bedrooms and basement.

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michael johns my vote is yes with proviso

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cheryl gaston my vote is yes with proviso

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tenetta graham my vote is yes with proviso

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iowen my vote is yes with proviso

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ishmael shaheed my vote is yes with proviso

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Thank you, counsel. Thank you so much. Sure. Number 13. This is Ian Hegarty, executive director. We're going to have to take a break and hold the rest of the 930 list until 2 o'clock p.m.

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thank you counsel thank you so much

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sure number third

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Okay. All right. Thank you. Okay. So we're going to take a break and we'll be back at 2 o'clock. Thank you.

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oh just to start off with this is a continuation of the 9 30 list we have three cases and then

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we're going to get to the two o'clock list okay so case number 13 mi 2024 006 686 2579 memphis

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Street. Trevor

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Serene is the attorney.

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Letter of non-opposition from Old

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Richmond Civic and a letter of non-

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opposition from Council Member Squilla.

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Good afternoon, Chair. This is Yvette Benton.

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I'll be your co-host for this afternoon.

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Mr. Serene is coming back in as a

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panelist shortly.

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Okay.

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good afternoon sorry i popped in and out there i'm not sure sure sure uh council could you

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please state your name and spell for the court's the knock short trevor serene s-e-r-i-n-e right

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i represent the applicants could uh do you swear or affirm to tell the truth the whole truth nothing

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but the truth i do could you identify um your client the relationship to this property yes my

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My client is – let me get the actual LLC name, HSN Property LLC, and they have a representative here today, Mr. Lay, Lay Goff.

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He will – I believe he's in there.

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Okay. Our vice chair has a few questions.

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Sure.

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Good afternoon, counsel. Do you agree to weigh the reading of the refusal or stipulate to its accuracy?

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Yes.

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Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

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We emailed all the documents that I believe I uploaded the tax certification this morning, excuse me.

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So I had emailed the board recently about that.

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Here it is. We had other documents indicating the taxes were paid, but I actually have the certificate.

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So I uploaded that and that's available. I can share my screen.

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But other than that, everything else was supplied.

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thank you please please proceed and share your screen and we'll see it in the presentation

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okay we end we did uh can you everyone hear me yeah it's starting to come up right now sir okay

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all right yes we did we have filed this application we had the denial as well we have an exhibit

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packet that we submitted you guys have an opportunity to review that basically we're

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looking to put a small restaurant into this area originally it was there was a retail established

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this is a mixed mixed-use building mixed-use area there's a apartment on the upper floor the first

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floor is a commercial facility originally was used for retail that was given approval

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at some point that ceased now we're here back we're looking to have a small restaurant some

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takeout, things like that. We don't believe there's any modification of the building.

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We're not expanding the footprint. Essentially, we're just here for the use.

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Council, it might be worthwhile if you start putting photos up when you start talking about

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the restaurant. We can see what it looks like, okay? Sure. So, these are some of the interior

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photos. They're available in MLS. They're... Oops, sorry. I don't get too fast here.

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If you can see here, the first floor already is sort of relatively set up.

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there's an apartment upstairs there's not much work that we need to do

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in terms of apartments so this is the basement that will be is just for storage as far as I'm

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aware um so again there's a photo there sorry about the angle this is from the reverse facing

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towards the front and here's a photo of the outside and you can see where you have a zoning

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notices posted i also have evidence of them posted as well

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okay here are the photos of us posting all the proper thing that's a time stamp just so you

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guys are aware we put nine up total because we're on the corner here so we wanted to make sure

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we're all there as you guys are aware the board is aware the um there's no opposition here we

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have an approval letter um let's see

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I have the letter here. I'll just pull it up. This is the approval letter from the old

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i have the letter here i'll just pull it up this is the approval of from the old richmond

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Richmond Civic Association for non-opposition. Again, the city product information form. These

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were all supplied in our zoning packet. That's the zoning application. And originally, we had

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applied with an agreement of sale, but we have now subsequently closed. So they,

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oh, excuse me. My client has told me that these are virtually staged, this one here. So this is

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essentially what it will look like but the interior is the photo so this is what it's going to

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the actual plan or design and i do have some actual here you go

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and if everyone can see we have the kitchen the counter the little the area the dining area here

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floor plan on the first floor and this was the notice we were going to operate from 11 a.m to

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11 p.m. a restaurant for dine-in byob on takeout they we do anticipate uh more takeout like walk-up

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takeout kind of clientele uh it will be a cambodian thai restaurant

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let's see okay doesn't notice

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cancel the door that's on the side does that go up to the apartment

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uh that's my understanding yeah so if i can pull out the zoning photos here you can probably see it

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i believe that's the okay the door

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okay um i believe that's you know essentially what we have here to present again we it was

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So why don't you bring on your client

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and have your testimony adopted?

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Yep, if you could give Mr. Lay permission there.

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Mr. Goff.

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Do we see him?

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He should be coming back in as a panelist chair.

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Thank you.

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Could you please state your name

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and spell for this sonographer?

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Are they coming in?

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Chair, I no longer see them.

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Okay.

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Counsel, you're an officer of the court. We will gladly accept your testimony.

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Okay. He was in here all morning, so let me just see if he got bumped.

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But yes, I can answer any questions.

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Thank you. Questions from the board?

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I have a question.

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He did say he's back in. Excuse me.

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He's back in?

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Okay. Sir, could you please state your name as Bell for the stenographer?

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Hi, my name is Leigh Goff, spelled L-A-Y-G-A-U-V.

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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.

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Please proceed, counsel.

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Yes, Leigh, did you have an opportunity to hear my testimony earlier today?

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Yes.

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Do you affirm that it's true and correct to the best of your knowledge?

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Yes. The only thing that I would change is that the virtually staged restaurant picture is virtually staged by the listing agent selling a property. That is not the virtually staged representation of my client's future. I'm sorry, the future restaurant. I just didn't want any confusion there.

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So from what I can gather, basically, there's no furniture, there's no booths and interior stuff.

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not yet no not yet and and the main focus is is uh it's going to be take out mainly

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okay okay the board has a few questions for you sure um yeah did he adopt your testimony

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oh i'm sorry did you adopt the testimony oh yeah yes yes sorry about that all right questions from

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the board um yes is um the basement part of the restaurant the basement is uh no that's not the

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basement uh i don't i don't know you have any pictures of the basement but no it's not it's

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going to be just for storage dry storage down there oh this isn't thank you yeah that's the

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upstairs that's what it is currently right now without the virtual staging okay this is the

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actual restaurant correct correct if you see that stairway on the left side that leads to

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the apartment upstairs understood okay so just to be perfectly clear we've got the restaurant

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We've got the restaurant going in on the first floor.

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going in on the first floor you've got an additional apartment that's single

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You've got an additional apartment,

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that single apartment that's going to be on the second floor.

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And the basement is going to be used for dry storage.

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Who is going to have access to the basement?

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All of the tenants in the building or just the restaurant?

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Just the restaurant.

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Just the restaurant.

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And is there going to be a bathroom or any plumbing in the basement?

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The bathroom is going to be on the main floor.

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Okay.

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And then I know you keep mentioning that it's mostly takeout,

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but the permit is for a sit down restaurant.

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So how are you planning to situate the interiors for that business?

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There will be seating for, but limited seating.

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If you look at the floor plan, Trevor.

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So the floor plan is accurate to you, to the tenant, not to the.

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Yeah. So, so this.

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Yes.

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So it's good. Is there a rear yard? No, there's no rear yard.

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So what is the plan for trash and deliveries?

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So for trash, it it's going to be two to three times a week commercial trash pickup.

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And where is it going to be stored until the commercial pickup?

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Alongside the the building.

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can you point to where that is where you envision that happening

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sure there's no site plan let me pull up the exterior photos

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so you're gonna your plan is to have dumpsters next to the building

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um because we're doing it um two to three times i don't i don't know if there's a need for

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big dumpsters um i we we were in conversation with um the owner of franco pizzeria who's down

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the block and he has dumpsters on the side of his his property uh but you know he he gets it picked

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up twice twice a week we were planning on doing it um possibly three times a week just to uh

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limit the um the impact it's on the other side why you can't store your uh trash in the basement

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that is a possibility and then when trash pickup come we can we can put it outside yeah that is a

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possibility we're just trying to you know um because because of the footprint of the building

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it's it's uh there's no space outside of it out there it's trash outside of a restaurant

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tends to be very unsightly also i'm assuming that's going to be the trash for the whole

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building so whoever is living above will also have to store trash in the same location so yeah

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right now the the apartments above they put um there's a trash um trash container on the side

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of that that their door right there and then um it gets put up front when uh the trash pickups come

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and then is it the owner's plan to come back to get approval for the apartment later or should

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that have been on this it's it's pre-existing right now it is but isn't it pre-existing as

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a single family house no it's a it's a mixed use i believe can we confirm that because that's not

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what our notes say okay yeah yeah our understanding was it is zoned for single family but so i mean

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you can have the single family but right i think it's probably missing a refusal for multiple

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