civus
Hearing video

ZBA Hearing - December 1, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 1, 20208h 28m

we did have it now it's back in your files

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if you um stop sharing screen double click on whatever you want to present

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then share again and tap on that exhibit.

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About sharing, share screen.

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Got it now?

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Okay, that's great.

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Thanks, Mr. Ward.

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Okay, thanks.

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I apologize.

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I don't know why that happened, but okay.

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Anyway, A1 is the notice of refusal.

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This was an application for a permit for a carport accessory to a residential dwelling.

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Resulted in two refusals, one for a front yard setback, the other for a side yard setback.

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Front yard 35 feet is required, approximately 12 and a half is provided.

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15 feet is required for the side yard, and 12 feet is provided.

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Accordingly, we seek dimensional variances.

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A2 is the Zoning Application of Appeal.

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A3, the Project Information Form.

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A4, Proof of Ownership.

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A5, Proof of Tax Clearance.

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A6, the Site and Elevation Plan.

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A7 are photographs of the posting, the subject property, and aerial views.

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A8 is a Petition of Support, including the immediate neighbors.

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Both adjoining neighbors have signed.

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A9 is the RCO Meeting Notice.

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A-10 is the RCO letter from Greater Busselton, non-opposition.

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A-11 is the district councilman's letter of non-opposition.

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Relevant permit history, there was a building permit issued last year for solar roof panel installation, which has bearing on this case.

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A-13 is the zoning map, and A-14 is the aerial photograph.

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So, very quickly, we have the refusal.

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This is the appeal transmittal with the application, the refusal, the PIF, copy of her deed.

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Tax clearance, site plan.

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As you can see in the site plan, it's an irregularly shaped, almost triangular lot fronting on

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Alberta with a horseshoe driveway and to the right of the driveway was a parking

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pad at which spot the new carport was installed.

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As you can see, it's a slanted roof installation. With regard to the solar panels,

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She engaged the company to install solar panels on the roof of her home, and due to insurance regulations and policies, the insurance company would not insure the property with the solar panels on the roof.

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she engaged the company to install solar panels on the roof of her home.

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I've never heard of that before in my life, but so it was recommended that she build another structure to house the solar panels.

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Unfortunately, she engaged a contractor who was supposed to pull the permits but did not.

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So, this is a copy of the zoning notice posted on the front of the carport.

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Again, the poster on the post.

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This is a Google view of the carport itself.

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A little close up.

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They try to do some architectural detail on the carport to match that of the home.

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again another google earth view here is the petition of support as you can see the uh the

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owners of 923 and 931 alberger or the two adjoining property owners they have signed off

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we we got that to submit to greater busselton to show that the adjoining property owners were

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in support this was the rco notice that was mailed out it included a copy of the refusal

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as well as the address list and the certificate of mailing 25 identical

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pieces were mailed out. This was the residential building permit detail for

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the solar modules installation. This was the violation notice that the carport

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was built without a permit. This is the zoning map and this is an aerial

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photograph. I would point out that. So we did meet with Greater Busselton Civic League by a vote of

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10 to 2. They voted to support the application. And then, of course, we provided that to Councilman

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O'Neill's office, and he has issued a letter of non-objection to the granting of the requested

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variance so so based upon that based upon the support of the greater busselton and non-opposition

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of the councilman and the precarious situation she found her in with regard to and just just

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to summarize she entered a contract to install the solar roof panels that permit was issued

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the insurance carrier declined to insure it therefore she required a separate structure

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for the panels the contractor engaged to erect the carport was supposed to obtain the permits

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but failed to do so and in order to get the building permit we need a zoning permit and

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obviously due to the dimensional relief required uh she needs uh variances and the she's already

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incurred the cost of installing or building the uh the carport and she's installed expenses with

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regard to the contract for the installation of the solar panels therefore I would submit that

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for financial circumstances are such that the dimensional rate should be granted

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and with that I would ask the board to approve the application

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I can't hear Frank if you're speaking

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Frank are you Frank is speaking yeah I couldn't I can't hear him I just realized he was speaking

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and we can't hear him can you hear me now yes I can thank you I had to leave the meeting come

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back my computers acting up today all right do you have any witnesses uh no again uh mrs lasfina

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is uh working today she's registered nurse so okay all right questions from the board no no

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anyone else would like to testify in this case if so please raise your hand

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here we have bernard jadash i'm unmuting him now good afternoon sir please identify yourself with

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the record spell your first and last name and give us your address can you hear me yes i can

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okay uh bernard carl jadak bernard b-e-r-n-a-r-d carl c-a-r-l jadak j-a-d-a-c-h

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I'm with the zoning chair of Greater Bustle and Civic.

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I'm with the zoning chair of Greater Busland Civic.

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You should have the.

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You should have the approval letter.

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Swear and affirm to tell the truth, the whole truth, nothing but the truth.

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Yes.

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Please proceed.

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You should have the letter, but there's a couple of provisos with it that weren't mentioned

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about some trees or shrubberies around the carport.

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Is that correct?

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Well, if they are, that's not really within our jurisdiction.

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We're not enforceable by the zoning board.

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Mr. Chair, I'll just point out that the applicant did agree to install some shrubs in front of the carport and that there would be no commercial use of that carport.

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They're afraid of a roadside stand, you know, fruit stand or something.

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Well, that we can do.

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I just wanted to make sure that was clear because it wasn't mentioned.

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That's all. Thank you.

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You got it. Thank you. Appreciate it. Thank you.

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Anyone else?

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there are no more hands chair you planning commission

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good afternoon chair peter bernard for the planning commission

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we're going to affirm to tell the truth the whole truth nothing but the truth

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i do please proceed

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this property is indicated for single family detached residential use in the comprehensive

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plan the neighbors impacted by this use have indicated no objection we do not feel the

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structure negatively impacts the surrounding community. Accordingly, we have no objection

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to the granting of the variance. Thank you. MI 2020-001220, 929 Alberger Avenue. My vote is yes

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with the proviso. Carport areas to be used for personal use only, no commercial use.

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My vote is yes with proviso. Yes with proviso. Yes with proviso. Yes with proviso.

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thank you mr chairman that concludes my business may i be excused until the 3 30 list

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be at 3 30. thank you very much thank you mi 2020 dash zero zero two zero three four

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three nine nine franklin mills circle

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anybody hear me yes chair we had we have natalie young and stephen polack

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You can promote Stephen Pullup.

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He's been promoted to panelists.

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Mr. Pollack.

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Unmute and video.

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Okay, here we go.

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Mr. Pollack, good afternoon.

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

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Could I allow also Natalie Young to have privileges because Natalie is my, helps me so I don't look like a Zoom for dummies kind of guy.

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Yes to your request, not to the dummy part.

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And I also have two witnesses, Mr. Mike Manav Patel, who is the operator and applicant for his entity, and also Mr. Paul Huron, a member of the bar, who also is available with regard to this case.

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We're asking, this is an existing beer store that has our restaurant license.

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through the sorry i'm sorry chair was he sworn in and i know i wasn't been sworn in

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thank you thank you swearing for him to tell the truth the whole truth nothing

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i do please proceed so this is uh a in a nutshell mr pollack excuse me do you agree to waive the

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refusal and stipulate to its accuracy i do madam vice chair and have you emailed an exhibit packet

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with the required documents proof of ownership tax compliance refusal referral photos plans of

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the property five days in advance of this hearing and have you also met with the rco and do you have

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a letter yes we have okay okay uh this is a request for it's an existing um and if you look

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at your uh exhibit our exhibits natalie if you can show it at our pictures at a 1101 uh that'll

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be the start but it's an existing uh store in the middle ring of the franklin mills now known as the

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philadelphia mills shopping center up in the far northeast uh go to number two if you can our a

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1102 and go to three so this is our store keep going with four five six you'll see it and it

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has has a restaurant component and that gets and paul herrin is here uh who's our liquor attorney

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who's our liquor attorney for this matter, has a restaurant license.

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for this matter, has a restaurant license.

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What Mike would like to do, Mr. Patel would like to do, is get rid of the restaurant part,

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which would also eliminate, right now he does sell wine and alcohol,

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we would also get rid of that and go to a, what's called a de-distributorship license.

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So the CA1 zoning does not allow a beer distributorship.

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In our packet, we do have the prior history at A16,

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which showed when Mike got the permission, Mr. Patel got permission in 2015 for the beer store.

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The property was zoned CA2. CA2 did allow for a beer distributorship, but then got rezoned to CA1.

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So we're in that situation. So that's just to give you an overview.

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Can I have Mr. Mike Patel, Manav Patel sworn in just so we can continue with the matter?

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and uh good afternoon mr patel please identify yourself spell your first and last name

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and i'll swear you in if they could raise their hands here so i could promote them

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mike you have to rate click raise your hand

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it's down below on your screen do you see it yeah okay there you go there's mike patel okay

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Mike, please identify yourselves by your name.

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Sure.

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Manav, M-A-N-A-V, Les Niels Patel, P-A-T-E-O.

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We're in the firm to tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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And Mike, you have been operating the beer store since 2015, is that correct?

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That is correct.

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And now, Mr. Chairman and members of the board, we have pre-marked exhibits A1 through A16.

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Instead of reading them in, I'll just ask all of those read in with regards to refusals, letters, and everything like that.

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We do have a letter of support that was provided from the Franklin Mills Civic Association by a vote of no objections.

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And then we also have a letter of non-objection from Councilman O'Neill.

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I don't know if Alice Udavik is on the line or not.

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You can conclude and I'll ask if there's any other witnesses.

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Okay.

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And we are just, in essence, just trying to change this.

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front we will if you want to see this we have about 25 to 30 parking spaces nothing's changing

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outside except it won't say restaurant or draft room anymore it'll just be the beer store we're

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taking out the tables and chairs that are in the front uh and so it'll just be a beer distributorship

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it has access on all three sides since it's in the Franklin Mills Mall as you can see

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and basically that that's what we're going to be doing days and hours monday uh through uh

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thursday is 10 to 9 friday 10 to 10 saturday 10 to 10 sunday 11 to 7 we'll have about four to five

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employees uh we have adequate space for the for loading and unloading uh because as we say we're

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a standalone we're right next door to a wendy's right across on the other side of the street is

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a fine wines and spirits store run by the state liquor control board so basically uh with that

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that's i would ask mr patel uh you've heard what i've stated on the record do you adopt that as

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your testimony yes i do and i don't paul harran is here uh i don't know if we could get paul

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sworn in very quickly just to paul are you on i am raise your hand there you go uh paul state

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your name and address for the record and my name is paul heron my address is 1500 market street

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suite w3110 philadelphia 19102 and mike paul you are the uh uh an attorney who specializes in

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sworn in we're in a firm to tell the truth the whole truth nothing but the truth

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yes i do thank you please proceed steve paul you're thank you mr chair uh paul you're uh

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an attorney who specializes in liquor law isn't that correct yes that is can you just just real

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brief what's the difference between having to go from an r license to the d license

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the r license is a retail license primarily for restaurants permitting the sale of

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alcohol beer and wine the distributor license is a wholesale license which solely permits the sale

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of beer. And the restaurant license requires that the operation include a food component

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with seating for 30 individuals for in-store or in-premises consumption. The distributor license

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again is a wholesale license. There is no component for in-store eating or

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There is no component for in-store eating or drinking.

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George.

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Everything must be taken out of the store for consumption.

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That's basically sort of a nutshell.

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So if you want to see briefly what he has the ability, and Paul, he will still be able to,

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because one of the things he is is a craft beer store.

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So you can go in and still as a distributor, you can go in and put a six pack together of specialty beers.

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isn't that correct that is correct okay so if we go to pay our pictures 56 through 58 very quickly

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just unless you the board there it is that's what that's what it looks like right now it's not going

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to change um mr herringer anything else you want to add not really i think that that gives a pretty

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good idea and that's the area where it's going to get removed so with that mr chairman we rest

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and we would move for all our exhibits into uh put in the testimony and that would be our case

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thank you questions from the board no

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planning committee i'm sorry anyone else wish to testify in this case if so please raise your hand

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there's no other hands chair thank you planning commission

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