civus
Hearing video

ZBA Hearing - March 12, 2025

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

principal uses is where we're probably having an issue. And it also does not

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specify where the restaurant is in the property. It sounds like it's the whole property

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the way it's written. I see. It's only the first floor.

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The second floor remains the same. It's the first and the basement, right? Yeah, first and the basement.

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Yes. Any other questions?

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Question. How many seats are you planning to have

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here? Is that what we're seeing on this plan here? That it's only

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eight seats or how many seats are we talking probably no more than uh 12 um most of the the

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business uh anticipating is going to be like doordash grubhub on you know online orders

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pick up take out type of thing okay but you're asking for a sit-down restaurant here

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just uh limited seating just for um folks who don't want to take it and go they have some

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option to sit and um eat there all right just just along those lines so is there a public

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restroom yes yes okay because i knew you said there was one restroom i didn't know if there

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was public or for the employees and are you going to be serving food on disposable containers for

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food on disposable containers for the people that are staying or you are going to have

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the people that are staying or you are going to have.

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actual dishes like a restaurant um that's something that we'll have to um talk about

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but most likely um there's not going to be any waiter or waitresses i mean i think it's just

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buying food and having an ability to sit there but uh you know that can be changed um based on

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the business plan and this isn't great well you it's more seats than you're allowed to have for

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takeout restaurants so some of the criteria just to clarify we're not asking exclusively for a

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takeout i mean obviously we do i mean sorry sit down yeah well it's more seats than allowed for

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a takeout so it pretty much has to be a sit down you do have the public restroom um sit down is

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kind of fills in the gap for if it doesn't meet the definition of a prepared food shop or takeout

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restaurant. So you're a little bit beyond the definition of a takeout. So I think that's

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probably why Elle and I put you in a sit-down restaurant category. I believe that's correct.

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Got it. Okay. Okay. Thank you. Questions from our attorney, Hillary Emerson?

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I'm good now. Thank you. Good. Questions or comments from the audience or the virtual

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audience. Here we have

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Daniel Trubman with his hand up.

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Okay. He should be coming back in as a

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panelist.

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Mr. Trubman, please unmute yourself.

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Sorry, can you hear me now?

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I can. Could you please state your name and spell for the stenographer?

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Yes, my name is Daniel Trubman.

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D-A-N-I-E-L-T-R-U-B-M-A-N.

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And I'm just curious.

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Oh, yes, I do swear.

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

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I do swear.

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Could you turn your video on for us?

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Yeah, one second.

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mr tubman are you a neighbor uh no i'm not okay well what's your questions i just wanted to know

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if the uh restaurant operator had any experience that we may have heard of or

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run a restaurant or something well i i don't know that that's a zoning issue so but but you know

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We're here to decide on the zoning.

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I guess it kind of goes to the use, right?

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Because that does not kind of go to if they're capable of using it.

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But I just also was just curious about it.

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Okay.

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Thank you.

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Thank you.

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Is there anyone else in the virtual audience?

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Chair, we have Regina Tange with her hand up.

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She's coming back in as a panelist.

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Okay.

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Okay.

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hi could you please state your name and spell for the sonographer hi my name is regina tangy

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um r-e-g-i-n-a tangy t-a-n-g-h-e do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do are you a neighbor i am please proceed okay um i attended the uh the

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public hearing back in february and um there was only five of the residents that were there

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yes and um apparently there were seven altogether which could be the owners of the restaurant i am

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not sure who they were um some of the concerns that were brought up were already brought up about

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trash um our concern is the need for trash and what they were going to do with the trash

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because it's really not conducive to put trash outside of that building and in regards to

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Franco Pizza he does have a bin under and it's stored underneath the steps so it's not really

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visible to the neighbors and he has trash pickup every day okay five days a week because he was

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at the meeting as well and expressed that concern. In regards to the trash our concern is we have had

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over the summer and the beginning months rats a rat problem in our yards and we've been dealing

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with that for a while so our concern with the trash would also bring more rats there is an

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establishment directly across this diagonal from this property that is a store that runs from six

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o'clock in the morning until 10 o'clock at night and there is never one piece of trash out or

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one piece of trash out or a trash can out for the visible neighbors to see.

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a trash can out for the visible

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near

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In regards to the retail building that they were talking about recently,

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I've lived on the block for 47 years,

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and that retail building was a flower shop

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where the woman would display her flowers in the front part

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where the dining area would be,

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and then um there would be the break where um the lunch um where she would do the flowers

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and then her son lived upstairs so if you were saying it was a family owned yeah at that time

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it was when it was built and it's been built probably i don't know how how long that building

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is there there is no backyard for trash i think we had that as testimony thank you yeah and and

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And that was, again, trash is our major concern.

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The building itself is basically almost as big as a residential home.

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So it's not really a big property to have what they are proposing.

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So I voted against it while I was at that meeting, and I still vote against having that establishment there.

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I wish the people well.

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Also, I feel there should have been more information at the meeting and that we could have had another meeting prior to this only because five people came.

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And the reason why is when the mailing came out, it came out as looked like trash mail that you get for people wanting to buy your property.

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So most of the people ripped it up.

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I forwarded the letter to many neighbors asking them to go to that meeting.

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All right. Thank you very much for taking the time to call us. We appreciate it. Is there anyone else in the virtual audience?

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Chair, we have Michelle Gaffney. She's coming back in as a panelist now.

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michelle yes hello hi michelle could you please state your name and spell for the

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court sonographer yes my name is michelle gaffney spelled michelle m-i-c-h-e-l-e gaffney g-a-f as in

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frank f's in frank n as in nancy e-y do you swear or affirm to tell the truth the whole truth and

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nothing but the truth yes michelle are you a neighbor i am please proceed uh i live diagonally

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behind this building on east hazard street 2327 east hazard street i'm the block captain of that

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block i can verify the rat infestation issue that we have this year uh that regina was speaking of

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i just wanted to know if um i know that the building does not have a backyard does it have

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alleyway access i'm not um i did not see that on the drawings okay um just going to echo the

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the trash concerns i was happy to hear that the um applicant is planning to have three times a

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week trash pickup um but there were concerns that they were not looking to get a dumpster

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they were looking to get large trash bins right i would just urge them to make sure that those

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are airtight thank you very much for taking the time to call is there anyone else in the virtual

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audience chair we have robin lord they're coming back in as a family how many more hands do you

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have up. Robin Lord is the last hand chair. Thank you. Hi, could you please state your name and

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spell for the stenographer? Robin Lord, please unmute yourself.

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

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robin lord r-o-b-i-n-l-o-r-d right do you swear or affirm to tell the truth the whole truth nothing

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but the truth i do are you a neighbor yes are you for this project or against i'm against

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okay for any reasons other than what we've heard um yes go ahead please proceed um

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And if you look at the diagram and even the pictures of the layout as it currently stands, not the staged layout that was used to sell the building.

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When you go in to the apartment, when you enter the building to get to the apartment, you enter on Huntington Street.

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Yes, I saw that entrance.

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Right. And you turn right to go up a flight of stairs.

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And you turn right to go up a flight of stairs.

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So if I rent that apartment.

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So if I rent that apartment, I'm going to be walking into virtually the kitchen.

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But the kitchen will be, it looks like flush to the stairs.

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And I just think that the drawing does not convey that this does not have a private apartment entrance.

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I don't know how they're going to privatize it.

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regarding the basement, I think it would be helpful if we knew for sure that the trash could

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be stored in the basement, or if it could not be because of the dry food or dry goods storage

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they'll be using. I also think it would help if we knew exactly how they're going to store the

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trash, no matter if they put it on the roof, how are they going to store it because of the rat

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infestation. And also, I see no evidence or no indication that this will be an ADA compliant

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business establishment. And I see no concern whatsoever to the existing neighbors. I'm here

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almost 40 years. And I see no concern whatsoever that the purchaser has in any way tried to engage

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this area in the plans and the planning for what is going to dramatically impact everyone who lives

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here and who waits for a bus here and who comes here. So I would respectfully suggest that the

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owners, the developers, the people who will be running this business and renting this apartment,

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that they give us a little more information, and perhaps the, you know, this board could

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consider postponing the vote on this issue until we as residents get more information.

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Thank you very, thank you for taking the time to call us. We do appreciate it.

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Council, before I give this to Plante, do you want to respond to any of this?

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Yeah, I just want to address a couple of the comments and concerns. We did end up after that meeting, we did go out and got additional letters of support from the neighbors. I believe that was submitted about eight or nine days ago, part of our packet.

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The other entrance that they're talking about to the department upstairs is going to be walled off. It'll be a separate entrance. We're not going to have people wandering through the kitchen. I don't think that that makes any sense. So that will obviously be a separate entrance, separate thing.

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I don't believe right now that there's any issue with having the trash essentially stored in the basement until it needs to be picked up.

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Again, we've been discussing three times a week.

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And then just I wanted to say that the ADA concern, obviously, our building permit will be compliant with the ADA.

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So that's the law.

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Thank you.

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Planning Commission.

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Thank you, Chair Bergman.

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And good afternoon.

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David Fecto, F-E-C-T-E-A-U with the City Planning Commission.

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

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Yes, sir, I do.

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Please proceed.

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Thank you, sir.

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Chairman and board members, the comprehensive plan recommends no change to the RSA-5,

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residential single-family zoning at this location.

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The city rezoned Old Richmond in 2017, and a community requested MAC change.

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The zoning archive shows that this property has had use permits at various times,

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starting in 1938 for a meat store, an ice cream shop, a flower shop, and a newspaper distribution

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station. This property has been vacant since at least 2016. The proposed use would be more

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impactful than the previous approved uses. The City Planning Commission recommends the Board

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deny the requested use variance for a sit-down restaurant. Thank you. MI 2024-006-686-2579

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Memphis Street. I vote yes

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with provisos.

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First floor and basement

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only. Trash to be stored

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in the basement. Michael Johns,

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my vote is yes with proviso.

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Cheryl Gaston, my vote

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is no.

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Tanetta Graham, my vote is yes with proviso.

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Tywin, my vote is yes with proviso.

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Ishmael

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Shaheed, my vote is yes with proviso.

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Thank you. Thank you, counsel. Thank you.

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Thank you, board.

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Number 16.

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MI 2024-006-710-790 South Front Street.

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Vern Anastasio is the attorney.

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There's a letter of support from Queen Village

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

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Mr. Anastasio, if you're in the virtual audience,

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please raise your hand.

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

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Thank you.

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okay

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Okay.

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You

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afternoon mr chair counsel you've already been sworn just for the record state your name

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yeah vern anastasio um could you could you identify your client the relationship to the

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property yeah i'm here representing mr fred uh gohestani who is the owner of the property

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in question our vice chair has a few questions for you sir thank you good afternoon council do

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you agree to weigh the reading of the refusal or stipulate to its accuracy yes sir have you

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emailed in all the required documents and exhibits that's needed to proceed with this case five days

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in advance of this hearing yes sir thank you council please proceed and share your screen

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thank you mr chair members of the board this is a 90 page exhibit packet it includes a letter of

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support from queen village neighbors association uh very straightforward application here uh 790

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south front street is a four-family dwelling it's a front house and a rear structure that has

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three separate units uh it's been that way it was built that way 200 years and as is the case

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in Queen Village. It went unnoticed for a very, very long time. My client purchased the property.

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