civus
Hearing video

ZBA Hearing - July 22, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jul 22, 20266h 32m

how do you get to the rear yard other than through the basement is that the only way oh no we go

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through the kitchen area so here in the kitchen I'm not sure if I show the kitchen area but here

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is the middle um the middle room and this is the kitchen area here and you can go that we go

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directly out this back door i'm sorry we'll go back to that okay yeah i didn't see a shot of the

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back from the outside yes here we go directly out this back door and that leads us to the backyard

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mm-hmm okay and then you can go down the you can go into the basement from the back here in the

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corner there's a security door that I open when we're back there and then we're able to use those

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basement steps and use that back bathroom sink if need be okay all the questions yes what age

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children are we talking about here um ages will start from one until they go to kindergarten

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which is usually around five okay and how many do you have i am currently zoned for six i'm

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accent cities offered swells okay and did i see the two come in

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Okay. And did I see that to come into the property, there are steps?

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There are steps in the front here. The blue steps lead to the front door.

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But you have to go these other steps to get to the...

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Yes, and these are the front of the house, yes, and these are front steps to get to the front door here.

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and how many of these classrooms do you have to get to using steps

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to get into the house or to go upstairs to the second once you're inside once the

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children are inside okay how many you know to go well right now so depending on the age group

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we'll have the classroom that i have that we currently use mostly is the classroom downstairs

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and then for the pre-k age group they would use the pre-k classroom upstairs so it'll be a total

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of these three landing steps and about 12 coming up the staircase and how many bathrooms do you

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have i have one full bathroom upstairs and i have like the washroom downstairs with the toilet and

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the sink in the laundry area and that's for the six but you want to have that same setup for 12

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yes it'll be the same setup for 12 because i'll have different age groups so some age groups will

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still be potty training not everyone will be needing to use the bathroom at the same time

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depending on if i have pre-k children there they're usually there in the morning time which

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is from nine to two versus if i have a younger age they may be there throughout the span of the

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day from eight to five so the bathroom schedules would vary enough to where it wouldn't be an issue

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okay and you have all your fire code um equipment you have your hardwired smooth

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detection systems you've got the two means of ingress and egress emergency lighting you have

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all of those things correct yes ma'am okay all right thank you other questions

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questions or comments from our attorney uh yes uh i just wanted to comment it looks like you

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have a banner um in one of your pictures but i just wanted to clarify for you that you have not

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requested um a permit for a sign okay and if you want to sign that would have to be something else

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but right now you're only requesting for a change of use okay um at your uh the property

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no questions or comments from the virtual audience

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yes mr chair i have a hand up from tina marie russell okay tina marie

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but i'm sorry the hand was up but it was gone down okay do we have any hands for this case

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no answers but we have a hand up from darlene jackson i've allowed them to speak okay

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hi hi could you please state your name and spell for the stenographer

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my name is darlene jackson d-a-r-l-e-n-e last name j-a-c-k-s-o-n you swear or affirm to tell

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the truth the whole truth nothing but the truth yes are you a neighbor

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no i am a parent okay please proceed

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i just

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darlene go ahead

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darlene you're breaking up

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um i just wanted to give my support opportunity because my child has worked for the last three

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years yes and you favor the project i favor the project i'm looking for my daughter soon

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to start she'll be two in october and we're hoping september she'll be able to participate um

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thank you very much for taking the time to calls we appreciate it is there anyone else in the

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audience. Tina Marie Russell has her hand up again. Good afternoon. Hi, good afternoon, Tina.

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Hi, this is Dave. Please state your name and spell for the stenographer. Sure, Tina Marie Russell.

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please state your name and spell for the stenographer sure tina marie russell t-i-n-a-m-a-r-i-e

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r-u-s-s-e-l-l logan community enterprise theater rco hold on hold on do you swear or affirm to

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tell the truth the whole truth nothing but the truth yes i do please proceed uh we have the rco

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coordinating rco for this project um the meeting was well attended as rco meetings go um the people

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there was a block captain from the neighborhood as well from the block um some of the questions

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you asked i thought was really relevant but my son you know just to go off for a little bit um

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also went to a you know uh after school in a daycare like this when he was growing up and yes

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there was not the standard professional style bathrooms usage but it always worked out because

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like the applicant said we addressed this at the bathroom and it actually works out well because

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of the age differences um and then the other thing as far as the trash goes we talked about

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that we asked for proviso so that the neighbors could after three years look at the project to

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see if it still works for them the applicant has time to see if it still works for her

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without actually formalizing the usage change until three years,

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you know, give them three years to actually see if it works for everyone.

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Other than that, it was everyone supported the project.

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We talked about the trash.

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We talked about, and I don't have my notes in front of me

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because it's our food distribution day,

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so I'm sorry I don't have everything in front of me.

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But everyone agreed that they liked the project.

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I talked to the neighbors on the block.

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They had no problem.

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We looked at the parking.

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it was really um there's a lot of parking there for for parents to come in out plus the applicant

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has a structured timing for pickups and drops off drop-offs so there is never really there's

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not a time in which is the neighbors are impacted by too many cars thank you very much for calling

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we appreciate it thank you is there anyone else in the audience no further answer mr chair

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planning commission amy boy with the planning commission a comprehensive plan recommends no

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change in zoning to the current rsa 5 residential single family group child care is prohibited in

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attached or semi-attached structures in rsa 5 and in all lots in the north councilmanic district

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the appellant has a zoning permit for group child care the request to increase the number

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of children is not the least minimum the planning commission recommends that the

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or deny the requested variants for group child care.

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Princess, could you come back on one minute?

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Are you comfortable with a temporary variance for three years?

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That's what the RCO has recommended.

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Yes, I'm comfortable with it.

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Thank you. MI 2026-000-469-5235 North 11th Street, I vote yes with proviso. Temporary

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variance to expire 723-29.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Layla Beebe, my vote is yes with proviso.

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thank you very much you have your votes thank you right um number five mi 2023 000 554 907

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Wagner Avenue um Juan Gennetta is the tenant

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that'll be coming back in as a panelist for sure thank you very much

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Thank you.

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okay so mr juan um if you have another

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Okay, so Mr. Juan, if you have another device on in your room, you're going to have to turn

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that one off because we're getting a lot of feedback.

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So you can't have two devices on at the same time with the sound on.

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That's going to cause a problem, okay?

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Once you have that other one turned off, go ahead and unmute yourself and prepare to be

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sworn.

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How are you doing?

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You wanted this one up.

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hi sir could you please state your name is spelled for the stenographer

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What do I want?

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Just give it a second.

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okay i'll tell you what we have one other case try to get it fixed i'll be back to you in five

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or ten minutes okay we'll be back to you in five minutes can you hear me hello hello

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okay um so hello i know they're sitting there laughing we're sitting there we're trying no

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okay what we're going to do is we're going to come back to you see if you can get your

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your peck thing right we have one other case and then we're going to come back to you okay thank you

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All right. All right. Well, let's, let's try this number of this case here.

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MI 2025 005 736 4315 Ron Street.

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Daniel Laza is the applicant.

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And the owners, Teresa Lagatza.

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this is here in the home

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the attorney

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i guess don dine daniel the attorney

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yes mr chad do not see either do we see him i don't see either of an individual

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Jason if you're talking we can't hear you I'm sorry I do not see other individual

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and to approach your audience.

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I'll do it.

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Okay.

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Can you?

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See, this is going to get, we do, we do good

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and we can't even get on.

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It's a sense of rush.

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Why are you rushing?

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you're gonna sit here now

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can't we call the lawyer

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i'm sorry to interrupt the camera to check can you hear me now i can't sir okay good deal

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will we call this attorney

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good we'll see you johnny go back to one yeah all right let's go back to one um

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okay let's let's

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let's go back to uh 907 Wagner Avenue Juan Jeanette here you go Juan can you hear me sir

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yes how are you doing oh I'm I'm I'm good I'm doing good now that I can hear you and everything

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Yes. How are you doing? I'm I'm I'm good. I'm doing good now that I can hear you and everything's good. Yeah. Technical. Do me. Do me. Do me a favor. Yes. Please state your name and spelled for this stenographer. Why is your name? J. U. A. N. First name. Last name. J. E. N. E. T. You swear or affirm to tell the truth, the whole truth and nothing but the truth. I do. Our vice chair has just a few questions for you, sir.

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yes good evening um did you submit your documents and your exhibits five days in advance of this

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hearing yes i did okay and this is your understanding that you are applying um for a

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prepared food shop a special um request yes yep and and that this is a referral so you will need

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a special exception uh in this zoning district yes okay all right thank you you can just share

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your documents and tell us what you're trying to do now good question i'm having a difficulty with

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um with sharing it it's possible to help we share the document i already sent to y'all please yeah

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we can bring them up for you sir just give me a minute here okay i appreciate it thank you

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he wants to show his own

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he's trying to he'll bring them up okay yes

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Okay, sir, we have your photos loaded up for the board so they can see them as well.

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Why don't you start by explaining to the board what you're going to try to do here.

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my wife it's hi I'm here my name is Annette Roman I'm his wife I'm just here for um hold on hold on

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hold on okay so who's gonna be the owner of the property oh I'm the I'm the tenant you're the

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tenant so you're the one that's gonna have to testify okay yes yes all right I mean you you

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know your wife could quietly give you some advice maybe but you can't testify okay okay okay yes sir

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this is the entrance entrance to the building this outside the door okay yes this is the way I serve

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no this is the entrance where you get to the inside the door so that's the inside okay

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yes that's a take out

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next shot the snacks

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customers that's what the order the customer orders from the door from the window yeah all

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right all right so this is going to be cooked food right it's prepared what's that

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prepare prepare food no cook so you're going to have pizza that you just warm up yes yes okay

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snack water ice right

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what else you're going to have in there could you show us the rest of the inside

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so nobody's going to come in they ordered the window yes

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inside that's where the water ice right with a snack with the chips for the we saw a pretzel

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okay um and like i i noticed you have like sandwiches pizza and things like that how does

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that get made we pre-prep them you pre-pack them okay yes then you heat you heat it up inside there

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yes all right so this is your drawing of what the inside looks like am i correct

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yes everything's ordered at the front yes right why don't you tell me the rest

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of what's back there the commercial refrigerator right five

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sandwiches right the hand pants the hand sanitizer okay the sink watch

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station three uh three sink right yes food prep table

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yes food prep table and you've already been in business yes and and you now you want to try to

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and

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legalize and get and get straight with the zoning is that right yes correct okay um

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all right what else can you tell me it was it was already a commercial building we can't

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which says i've been here for 20 years but i have um detail shop right next to it you got a pizza

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shop too no detail shop a car wash oh okay all right yes so it was under the umbrellas that way

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that as as i was my business was growing and a lot of customers request why don't i sell award ice

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right and the years come by and i decided to get it to do it thank you and

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and thinking that it was under the same umbrella the detail shop without the zoning all right

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okay all right questions from the board yes what are your hours of operation from 11 tonight

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how many days a week five days yeah and yeah five days and 11

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monday monday to monday to sunday monday to sunday

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and do you have like uh how do you manage the debris from uh the store because i know this

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no I noticed there wasn't a trash receptacle in the front like are you managing the trash in the

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front of the store yes correct yes I do I do I have a band now and I put them on different

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location in that building okay okay um any other questions I'm still a little confused about the

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of foods that you're gonna serve.

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So you're saying this is a prepared food shop.

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So, you know, there's no serious cooking,

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but then the menu items are ones

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that usually require some kind of cooking.

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So can you help me to understand what it is

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that you're really gonna be doing

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in terms of the food selections here?

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no we we do have pizza pretzel man um with hot dogs

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okay the the pizza piece is where i'm confused the hot dogs i guess you put those on one of those

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