civus
Hearing video

ZBA Hearing - December 8, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 8, 20205h 47m

we are live thank you good morning everyone my name is frank de chico i'm the chair of the zoning

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board of adjustment i'll be participating in today's hearing along with our vice chair miss

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carol tenere i'm sorry can we wait a couple minutes oh okay i thought i i apologize i was

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just going to read it off and hold okay we'll wait yeah we just they just coming in the room

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right now you're right all right i'm sorry

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Sorry.

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Thank you.

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Thank you.

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Brady, we should be good now.

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Thank you.

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Thank you.

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Good morning again, everyone.

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My name is Frank DiCicco.

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I'm the Chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing, along with our Vice Chair, Ms. Carol Tenere,

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Board Secretary, Confessor Plaza, and Board Members, Mr. Thomas Holloman and Mr. James Snell.

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Board Administrator, Ms. Tanya Sunkett, and Board Attorney, Ms. Sharon Saletta, are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings,

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I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded

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and that by participating you acknowledge your agreement to be recorded.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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I'll repeat, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I'll repeat. To enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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Before we begin, and before I ask Ms. Tenere to call our first case, I'm going to read off some continuance requests that we've received.

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And I would ask anyone else who might be asking for a continuance or withdrawal for this morning's hearing to please raise your hand.

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First case to be continued is number five on our sheet, MI 2020-001739, 2110 North 2nd Street, MI 2020-000282, 4625 Wayne Avenue.

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That's number 10 on our list. MI 2020-001-725-5336 Wayne Avenue. And number 15 on our list, MI 2020-000-372-6220 King Sessing Avenue.

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If the applicant and or an attorney has any dispute about the cases I just ran in to be continued, please raise your hand.

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And again, if anyone else is requesting a continuance or withdrawal, please raise your hand at this time.

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is requesting a continuance or withdrawal please raise your hand at this time

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chair we have sloan folks

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thank you good morning mr folks

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he's been promoted mr folks you can speak good morning chairman de chico uh zba board

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My name is Sloan Folks, S-L-O-A-N-E, F as in Fire, O-L-K-S, Office of Counseling Maria

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Keyona Sanchez from 508 City Hall.

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You swear and affirm to tell the truth, the whole truth, and nothing but the truth.

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Yes, I do, sir.

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Thank you, sir.

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Please proceed.

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I'm requesting continuance on, I don't have the page number, but I have a meeting number

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MI-2020-000208211E. They have yet to meet with an RCO, and after reaching out to them,

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we have gotten a response. Thank you. That's number four on our list. MI-2020-000208211E.

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Eleanor Street is continued. Excuse me, Chair, this is Sharon. We also we received no exhibits

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for that case and it was previously continued on September 30th so if it could be a must be heard.

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I'll read that back in MI 2020-000208-211 East Eleanor Street is continued. Must be heard. Thank you.

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okay um next year we have rachel pritzker

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good morning ms pritzker ms pritzker you've been unmuted you can speak

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good morning morning ms pritzker please identify yourself for the record and i'll swear you in

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Rachel Fritzker, R-A-C-H-A-E-L-P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia, PA-19103.

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And do you 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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I'd just like to request a continuance for 441 East Washington Lane, just so that we can have some more time to work with the community on this project.

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Okay, that would be number 10 on our list. MI 2020-001741, 441 East Washington Lane is

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continued.

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Thank you.

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Thank you.

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You're welcome. Any other requests?

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Chair, we have someone, it says from the Taconi Association. They've been promoted to panelists.

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you may speak now good morning call the association please unmute unmute yourself

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there we go good morning uh my name is chris from the taconi civic association

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chris please identify your last name for the stenographer l-a-b-o-v-i-t-z

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Do you swear 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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Okay.

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What case are we here for?

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Zoning MI 2020-00712, and the address is 7110 Erdrich Street.

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It's number one.

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Number 16 on our list.

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This is Sharon Saleta.

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The attorney for that case is Corin Weiss.

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Okay.

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Sir, you're requesting a continuance?

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Yes, I had an email back and forth with the attorney yesterday.

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I got, when we had the Zoom meeting for this property, no neighbors attended, which we have trouble with that anyway because of, you know, it's a difficult process.

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I found out a couple days ago that no one received a mailing from an extra neighbor who said he did not receive a mailing, that the zoning sign did not go up.

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So I had emailed with the attorney yesterday, and he said he'd be willing to put a continuance in, but he wanted to possibly have it heard today, but I don't know how that worked.

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So I was just a little nervous about having it.

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He said he wanted to have it heard, but the decision held off because he did want to have a community meeting, another one.

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Excuse me.

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This is Sharon Saleta again.

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I also had an email exchange with the applicant's attorney yesterday.

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the exhibits were not submitted until yesterday and I emailed him this morning I don't know that

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he has replied because they did not include a deed which is required to go forward I think

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I think Ms. Sunkit can tell you whether they were, the exhibits were submitted to the RCO's

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Ms. Sunke can tell you whether they were

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EBA mailbox.

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So, no, we didn't get the exhibits.

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I do see that Corrin Wise is on the line.

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If he can be unmuted, he's saying no objection in the chat.

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But also, he's been promoted to panelists.

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yeah that's fine we can go ahead and do that just a continuance

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yeah uh the good morning so excuse me identify yourself first and last name

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corn wise uh council for applicant um your first name is spell your c-o-r-e-n

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c-o-r-e-n-w-i-s-e all right thank you swearing for him to tell the truth the whole truth nothing

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about the truth i do please proceed thank you mr chair um so we did have the rco meeting uh notices

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were mailed 143 of them um and the property was was posted i have photos uh the um the rco did

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contact me and say that many some neighbors did uh mention not receiving it not unheard of um but

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if there's any problem it's it's it's uh it's it's fine there's no objection um no objection

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to the continuance no objection to the continue okay thank you all right thank you both gentlemen

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zero mi 2020 that's zero zero one seven one two seven one one zero erdrick erdrick street is

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discontinued thank you both there are no more hands up chair no more hands are up okay uh

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madam chair vice chair i guess you could begin with number one calendar number 0271 1814 titan

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Street. This is Sharon Saleta again I do not have a record of having received exhibits

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and this case was previously continued on September 30th. Is there anyone here for 1814 Titan Street?

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I see no hands up chair. Okay MI 2020-000271 1814 Titan Street is continued must be heard.

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Calendar number 01752 1800 West Glenwood Avenue.

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Sharon Soledig and the attorney on this case is Alan Nockamson.

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Thank you. Alan Nockamson has been promoted to panelists.

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Good morning. Good morning, Mr. Nockamson. Can you put your name and address on the record and

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spell your last name? Yes, Alan Ockamson of Ockamson, PC, 123 South Broad Street, Suite 1600,

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Philadelphia, PA, 19109. Thank you. Do you swear or affirm to tell the whole truth and nothing but

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the truth? I do. Do you also agree to waive the reading of the refusal and stipulate to its

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accuracy? I do. And finally, have you emailed the exhibit packet with proof of ownership,

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tax compliance refusal referral photos and plans of the property five days in advance of this

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hearing and have you met with the rco and do you have a letter yes in all respects but i do not

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have a letter from the rco okay you may still proceed okay alan before we begin i just want

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to make an announcement to anyone who's listening please do not attempt to testify in the chat

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Any comments should be directed to the Board Administrator, Ms. Tanya Sunkit. Thank you.

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Good morning. Again, my name is Alan Ockamson and Ockamson PC. And before you is our packet

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of materials, which includes seven exhibits. Along with me today is David Waddell, the owner

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of the property, as well as Chris Johnson, who is the architect on charge of this project.

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So the first exhibit is the deed to the property, showing that Mr. Weidle is the owner of the property.

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The second exhibit is the certificate of tax clearance.

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So Mr. Weidle has entered into a payment plan for overdue taxes with the City of Philadelphia, so he is tax compliant in that respect.

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The third exhibit is the notice of refusal.

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So this is a CMX-1 property.

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And what we're proposing to do is put a takeout restaurant, a pizza shop, on the first floor in a pre-existing building.

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is put a takeout restaurant, a pizza shop on the first floor in a built in a pre-existing building

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where there's a residential unit above on the second floor. This history of the property,

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well the property has a history of having a similar type of use. In 1998 this property was

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used as actually a pizza shop. So all we're trying to do is repurpose the previous use

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the previous layout of the property, where Mr. Waddell, who's also the property owner,

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will open up a pizza shop on the property. Again, this is a CMX1 property. The previous uses of the

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property have all been commercial in nature on the first floor, including a grocery store.

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If you look at the property, we're at the corner of Glenwood and North 18th Street.

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It's actually shaped like a pizza slice, so it's appropriate that we're looking to make

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into a pizza shop it's not uncommon with these type of properties especially these unique floor

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plans to have some type of like takeout you know component on there because just you know the

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difficulties of actually putting anything commercial are unique to these type of properties

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if you look at the property this is a condition of the property right now but you see

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the pizza shop sign is still up from from the previous use so again what we're trying to do

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is merely repurpose this property my client intends to completely redo the facade of the property

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and invest significant resources on the first floor as well you know in terms of the pizza shop

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the venting of the property is right here we're planning to repurpose the venting of the property

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of the pizza of the previous pizza shop with the layout will remain the same all we're going to do

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is just clean it up, like do, you know, do just aesthetic renovations to the interior of the

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property. You'll see over here, and we'll see on the floor plans, that there's a significant rear

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yard where we'll put our trash storage, where there'll be commercial pickup three times a week.

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And in addition, we're going to put like a garbage can out here, you know, so that's our garbage plan

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in terms of if anyone decides to leave the shop and have a place to dispose of the trash,

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it would be out front as well. This is the view from the left of the property

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and the right of the property on Glenwood on North 18th Street to the left of the property

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and the right of the property. And here are the architectural plans. Again, a very simple floor

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plan. You walk in, we don't account for any seating here, just a customer area where there

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be ordering of food. And you saw that trash area. This is significant trash area where we would have

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a large dumpster hugging the rear of the property. And you'll see the kitchen is here. Everything's

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laid out as it is currently. Now we did meet on multiple occasions with the North Central

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Philadelphia Community Development Corporation. We actually met Friday night from 6 30 to 9 o'clock.

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We were not the only presentation but we were probably the presentation from I would say at

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least 7 30 to 9 o'clock and the previous meeting also took place over the course of two and a half

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hours. So we've met with the community over the course of five hours about this project. Now the

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first meeting there was some technical difficulties where we were trying to figure out where the

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community was trying to allow us to share our screen but over the course of five hours we've

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with the community. You know, I don't know what their position is. I do know that during the

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second community, the reason why we had a second community meeting was to get more community input.

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There is a, there should be as part of these presentation materials. We have a petition

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and I'll have to pull that up. I thought it was in here.

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There's a petition of 40 signatures. Let me stop sharing my screen for a second,

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and let me find the, let me get the presentation materials for 1800 Glenwood.

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Let me see.

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All right, so these are the presentation materials. I think it's in here. Oops.

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Let me just make sure that's in here.

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All right, here they are.

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All right, so I'm going to share my screen again.

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And these were the same materials that were presented.

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These are the same exact materials that we had in our packet

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other than the petition.

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So my client who's lived in this neighborhood, his family still actually lives on the nearby block, he personally went door-to-door to everyone on this block and in the surrounding area.

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So my client who's lived in this neighborhood,

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his family still actually.

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And as you can see from the signatures, he's received substantial support.

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Two individuals on that block actually attended the community meeting.

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One was the person who rents upstairs, and another one was a woman who actually lived on that block, and they stated their support as well.

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So you'll see, like, they're all North 18th Street.

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Not as much traffic on Glenwood, but the people that would be most affected are North 18th Street.

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So a little bit about the owner, David Waddell, who's on the line.

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He does have a history in working in the pizza industry, and this would be his first attempt as a business owner, and he's looking forward to the opportunity.

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I also, like I said, have Chris Johnson, who can discuss any particulars about venting and things like that as to the property.

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But I leave it to the board to ask any questions.

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Stockton, since twice you mentioned the exhaust, is that going to be a roof-mounted?

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No. So we originally thought that that's what they wanted, the community, and they indicated that they wanted, you know, side venting.

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Now, and I'm sure if there are people on board, one of the main concerns was where the venting would be.

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Would it be on 18th Street or would it be on Glenwood?

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So Chris Johnson would testify, and he's on here.

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Chris, can you virtually raise your hand?

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but you can just tell is it going to stay on that side on it's going to stay on the 18th street side

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