civus
Hearing video

ZBA Hearing - December 8, 2020

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

and then the existing three-story that's the front and this is the notch or the

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court area that will remain at the second and third floors and you can see the existing kitchen

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that they have with the side court the door that goes out to the side court and then the slightly

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wider kitchen that they will have when done and the door that goes directly into the rear yard

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and open area here are some other tab five or other examples of the floor plan both existing

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and proposed. Exhibit 6, the contractor who actually filed the application provided some

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axiomatic renderings of the different portions of the first floor. Current photos, here you

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can see the front of the building right off of Fittler Square, and that's the front. You

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You can see the rest of the block, attached row homes.

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This is the area to the rear.

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this is the area to the rear this is page six of exhibit seven the court area that's going to be

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This is page six of exhibit seven.

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The court area.

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filled in there is an existing cmu masonry fence wall between our property and the property abutting

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to the east 2213 higher up of the existing existing court this existing rear portion

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then you can see the port the building at the bottom of page nine the abutting building to

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the west 2217 that extends way deeper than our existing structure basically to the rear property

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line there's the structure to the west you can see at the top um this is the side cart a side

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court of the budding property to the west that they have then as i scroll around 13 um this is

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rear yard and then 16 these are the rear yards of the properties uh that front on the south side of

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the 2200 block of panama when i get to exhibit 12 and 13 not to belabor this you'll see that i've

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pulled the zoning archives for the 2200 block the south side of the 2200 block of panama and the

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north side of the 2200 block of pine street if you look at the pictures you'll see it's all pretty

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crowded back there more crowded than what we're proposing to do and you'll see from the zoning

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archives that of the six properties that front on the south side of the 2200 block of panama

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three of those were granted variances three of those appear to be pre-existing non-conforming

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uses so none of them conform with the current dimensional requirements of the zoning code in

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terms of 2200 block of Pine Street, we have seven of the 11 properties on that side of the block

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that have been granted variances, dimensional variances. And I think that's all borne out by

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the photographs that you're seeing here in exhibit seven that show the back area of the properties

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on each of those sides of the respective 2200 blocks, kind of crowding the rear yard area.

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And again, we're not going to be making this any worse.

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This is a side court of the property and the rear yard of the property abutting us to the east, 2213, and that's at 19.

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I set the camera right on our existing rear wall, which is the depth of the addition.

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And this is, you can see the gray wall past that is the rear of the building abutting us to the east, 2213 Pine Street.

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you'll recall when I was going through this site plan that I said that I think that building is

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actually a little deeper than ours, and the photograph seems to depict that again. We will

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not be going any deeper than our rear wall. Our building will be shallower or definitely no deeper

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than either building to either side of us. And again, here's our little side court that we're

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going to be filling in with the one story. Interior photos of the kitchen as it presently stands.

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David, if you can summarize, that would be helpful.

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sure um yeah so again uh if there are we have three dimensional variances that were cited

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um i definitely think one of them should not been issued the other one uh regard that's regarding

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rear yard area the uh even if it stands it's de minimis uh it's no change actually to the rear

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yard area um the rear depth again no change or de minimis difference between what's required

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and open area, de minimis change and open area. And again, very much in keeping and no different

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and probably much less than what else exists in that back area between all those properties.

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Tax clearance is a tab 16. Our posting photos are a tab 17, copy of the deed a tab 18,

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demonstrating our clients as the owner of the property. Again, I went through our mailing at

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have 19. With that, I would just ask my clients to be unmuted. Again, Michael Curlin and Prasad,

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I'm assuming they're both on the same call. And then Kenny Grono, Kenneth Grono from Buckminster

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Green, who's the contractor, also should be on the call. And I would just ask them to be unmuted

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in case they want to add anything and then to adopt my statements.

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what was the first person's name uh it's either michael it's michael curlin and or

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mita prasad and i'll show you on the index if you assume there's a spelling okay michael curlin i

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see yeah right here he's been he's been unmuted michael can you introduce yourself for the record

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and if mita's there as well she could introduce herself yes hi i'm mike curlin um one of the

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owners with my wife, Mitha Prasad

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Kerlin, up

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2215 Pine Street. Thank you, everyone.

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Hi, Mike. Would you spell your last name, please?

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sure it's k-e-r-l-i-n thank you you're swearing a firm to tell the truth the whole truth nothing

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Sure. It's K-E-R-L-I-N.

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Thank you. You're swearing to

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the firm to tell the truth, the whole truth.

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but the truth yes thank you michael do you have anything to add to what i stated to the board

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no nothing to add thank you david okay and did you hear everything i said to the board yes and

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is it true and accurate to the best of your knowledge yes and would you adopt those statements

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that i made to the board as your own yes okay thank you um and then kenneth grono kenny grono

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Buckminster Green

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He's been unmuted

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Please identify yourself with the records

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Spell your last name please

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Kenny Grono

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G-R-O-N-O

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We're in a firm to tell the truth

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Nothing but the truth

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I do

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Thank you

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Kenny do you have anything you'd like to add

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To the statements I made to the board

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Of the presentation I made

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I do not thank you

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And you heard everything I said to the board

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i did and uh was the things that were the things that i said true and accurate to the best of your

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knowledge they are and uh would you adopt those statements as as your own i would okay thank you

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and with that uh so the board mr chairman members of the board i have nothing further to add and

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unless there are any other statements um from anybody else on the call which i'd really be

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right but i uh rest thank you any questions from the board for the record no no would anyone else

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like to testify in this case if so please raise your hand there are no hands raised here thank

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you planning commission good morning david fecto city planning commission mr chairman and members

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of the board this property is indicated for residential multi-family use in the city's

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comprehensive plan we have no objection to granting these variances thank you mi 2020 dash

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zero zero one four five three two two one five pine street my vote is yes my vote is yes

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my vote is yes

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hopefully that was a double yes that's six votes six votes six to zero all right it's a dog biscuit

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for me next time i see it calendar number 0808 3147 clifford street this is sharon salata i have

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no record of having received exhibits and this was previously continued on september 30th

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is there anyone here for 3147 cliff clifford street

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there are no hands raised here thank you MI 2020-000808-3147

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Clifford Street is continued must be heard

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calendar number 0336-3128 West Montgomery Avenue

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Sharon Saleta again. I have no exhibits and it was previously continued on September 30th.

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UMI 2020-000336-3128 West Montgomery Avenue. Is there anyone here on this case?

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We have a phone number ending in 7293.

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Call or push star six to talk.

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Yes, good morning.

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Good morning.

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Please identify yourself, name and address for the record.

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Yes, my name is Wanda Lassiter.

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I'm at Domain Real Estate Group, address 5300 Winfield Avenue, Philadelphia, PA 19131.

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My last name is spelled L-A-S as in Sam, S-S-S-S-S-M-I-T as in town, E-R.

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And I'm actually here for the owner.

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You swear and affirm to tell the truth, the whole truth.

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nothing but the truth i do are you an attorney no i'm not i'm a realtor in the state of pa

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i don't believe she will no you can't represent you can't represent the

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speak for him or herself okay we're going to continue this case must be heard

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okay so will i automatically receive some type of date to give them yes

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calendar number 01740 3100 spring garden street

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jennifer bedzullo is the attorney he's been promoted to panelists

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all right i'm just starting my video one second hi everyone hi jennifer can you

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I'm just starting my video, one second. Hi, everyone. Hi, Jennifer. Can you put your name and address on the record and spell your last name, please? Sure. Jennifer Bazidlo, B-A-Z-Y-D-L-O, 4500 Worth Street, W-O-R-T-H, Suite D202, Philadelphia, Pennsylvania, 19124.

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Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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It's a referral, but I absolutely do agree.

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Okay.

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Lastly, have you emailed the exhibit packet with the required documents, which would be proof of ownership, tax compliance, a copy of the refusal or referral, photos under plans of the property five days in advance of this hearing, and have you met with the RCO and do you have a letter?

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Yes, to all of those questions.

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I would like to add that I did add one additional RCO letter to my packet since I mailed, but there

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was two other previous RCO letters that were included. Okay, great. You may proceed. Great.

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So my name is Jennifer Vaziblo. I'm here today with Sharla and Shireen Brown, who are local West

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Philly residents and also the proposed owners of Arterial Coffee, which would be in the commercial

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space at 3100 to Ochu Spring Garden Street. Allow me to share my screen.

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Okay so I like I said I mailed in a packet that has the referral, lease, tax cert, RCO letters of

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unanimous support from both Mantua Civic Association as well as Drexel Area Property

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Association. There's also a personal letter of support from the president of the Powelton Village

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Civic Association. Community notification letters, aerial view of the property,

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this in the surrounding area, zoning map, photographs, and plans which I'm going to

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incorporate into the record. If you give me a second I'm just going to switch my slide.

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So 3100 Spring Garden Street is located at the corner of Spring Garden and 31st Street,

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which is the very last intersection before Spring Garden crosses over the railroad tracks,

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the Schuylkill Expressway, and the Schuylkill River, and over into the Art Museum area. This

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property is about 2,300 square feet and is zoned CMX2. Our proposed use of this property is for

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arterial coffee. It's a coffee shop, which is a local family-owned and operated community coffee

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shop, which will be serving La Colombe coffees, artisan teas, specialty juices, panini sandwiches,

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local bagels, and locally sourced baked goods, which will include some gluten-free options for

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folks like myself. These products will be offered to consume on site as well as for takeout.

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The hours of operation on Monday through Friday would be 6 a.m to 9 p.m and on Saturday and

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Sunday from 6 a.m to 8 p.m. Before I proceed let me just switch my slide here. Sorry one second.

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well I'll just scroll um so I just wanted to go to photos of the property

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uh the property is currently this is our posting notice this is the front of the property you can

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see is at the corner and it's this entire storefront right here uh the property is

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currently vacant um so the photos aren't of much but i will show you them anyway

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so this is the interior it's basically ready to be built out as soon as we have zoning approval

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um so the plan would be to build out the space and i can show you the floor plan of how it would be

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used. Basically, the space would contain seating for customers, bathrooms including an ADA bath,

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front of house, back of house, storage, and a rear yard where the garbage would be stored.

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So, notably, you're not seeing kitchen. There will be no commercial kitchen in this. This is

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It's just basically coffee, panini presses, toaster oven, things you would find in a coffee

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shop.

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No fryers, no ovens, nothing that would require venting.

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So that's of note.

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So why are we here?

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Because this is a commercially zoned property and we are looking to do a commercial use.

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and we are looking to do a commercial use. In CMX2, which is where we are, all takeout restaurants,

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in CMX 2, which is...

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including a coffee shop that doesn't have a commercial kitchen, requires a special exception.

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So let's just go to the zoning map right here. Jennifer, can I interrupt for a second? Sure.

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Will you help me out here? The application says, and you're speaking to a takeout restaurant,

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correct correct but if i see the floor plan it looks like there's seating there is seating as

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well so if i don't um if we took out the language takeout restaurant then you probably wouldn't

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even need to be here correct we were told by ellen i that there needed to be takeout as well

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since people would be able to leave the property with um food and beverages i know but i'm not

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not arguing with you i'm just saying you could do that with any restaurant all right we'll just

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so this is why we're here about that it's um and it's a special exception so i'll just run through

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why i i think that this is um not a big deal uh first of all uh so special exception basically

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our burden would be that you know that this particular takeout restaurant coffee shop would

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not be any more burdensome to the community in terms of special the specific detrimental impacts

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than any other takeout restaurant would be. We firmly believe that this store will actually be

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a positive addition to the neighborhood. Specifically, when it comes to congestion

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in the public street, this is a small business serving mostly local residents who will likely

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often walk to this coffee shop. However, we know not everyone walks. There is a loading zone

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that's pre-existing along 31st street which will allow customers to um customers to pull up take

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out their coffee without taking up permanent parking spots as well as provide for space for

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deliveries um in far in terms of endangering public health or safety like i said there's

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no commercial kitchen so the fire risk is even less and this is a community space in an otherwise

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a vacant commercial space so we're activating a corner that was previously had no involvement

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with the street. Impairing use of conforming properties again there's no smells that are

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vented to the outside there's no late hours that are typically associated like we heard in previous

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cases with issues the community might have with takeout and it's a commercially zoned property in

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conformance with the city plan. This is exactly the type of small business we wanted in neighborhood

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commercial premises. We did meet with virtually with Mantois Civic Association on November 9th

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and I'm going to just scroll back to our community letters here. So they Mantois Civic did vote

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unanimously to support our special exception. Drexel Area Property Association also sent a

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letter of support. And this is a letter from the president of Powleton Village Civic Association

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also in support of this project. I would just add that this is exactly the type of small

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locally owned business that going forward as we recover from the pandemic that will be very

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beneficial to the city to reinvigorate commerce reconnect communities and provide local residents

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with employment their planned opening is uh april may so hopefully right around when things are

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