civus
Hearing audio

ZBA Hearing - March 25, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Mar 25, 20266h 18m

a living space and not a business space okay all right thank you for your testimony is there any

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other uh hands in the virtual audience i see another hand up by the name of leslie roman

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I'm going to allow them to speak. Okay. Hello. Hi, could you state your name and spell it for

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the record? My name is Leslie Roman. First name spelled L-E-S-L-I-E. Last name is R-O-M-A-N.

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All right. And do you swear or affirm to tell the truth, the whole truth and nothing but the truth?

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I do. Okay. Are you a near neighbor? Yes. I actually live on 1469,

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okay all right and do you support or oppose the project i i only support if it's going to be

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residential i am against a commercial okay all right thank you for your testimony thank you

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any other hands i see no more hands at this time chair okay thank you uh planning commission thank

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you chair and good morning david effecto with the city planning commission chair and board members

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the comprehensive plan recommends no change to the rsa5 residential single-family zoning at this

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location the city rezoned this neighborhood in 2014 in accord with recommendations in the

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comprehensive plan this property has a documented history as two dwelling units with a commercial

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ground floor at some point a prior owner appears to have converted the ground floor commercial

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unit into a residential unit without the benefit of permits through no fault of the current owner

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the city planning commission recommends that the board grant their proposed use

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variants for three dwelling units okay all right thank you so council we are going to hold this

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dwelling units okay all right thank you so council we are going to hold this um but we're going to

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close the record i'm sorry for revised plans okay yes we'll close the record except for

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a revised floor plan for the board to review prior to voting okay okay all right thank you

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you okay case number 15. mi-2025-006985 8310 busselton avenue gavin valentine is the attorney

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good morning counsel can you state your name and spell it for the record

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Good morning, Madam Chair. My name is Kevin Valentine, K-E-V-I-N, Valentine, V-A-L-E-N-T-I-N-E.

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Okay. And do you swear or affirm to tell the truth, the whole truth and nothing but the truth?

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Okay. I do.

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Could you identify? Oh.

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There you go.

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I do.

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Thank you. I can hear you much better. Can you identify your client and is that the relationship to the property?

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Yes, my client is Eduardo Salgaro, and he is the lessee of the property at 8310 Busselton.

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Okay. All right. Thank you. So we have, this is for use as an assembly and entertainment.

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And as this instructor, you have unanimous support from the Ron Hurst Civic Association,

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and also a letter of non-opposition from Council Member O'Neill?

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Yes.

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Okay. And our board, Secretary Gaskin, we'll ask you a few questions.

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Good morning, counsel.

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Good morning.

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Do you submit your documents and exhibits five days in advance of this hearing?

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Yes.

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And do you waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Thank you. You can share your screen and begin your presentation.

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Sharing my screen, this is over.

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Thank you.

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are you able to thank you i got some okay it's here let's see just make sure i'm sharing it

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right that's what i'm looking for boom here we go here we go there we go

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here we are yeah well good morning again um

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My client applied for a permit in 2025, and as you can see here with the refusal, that refusal was issued in October of 2025.

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The refusal was based upon, if I can go down, the refusal was based upon two code sections.

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14602 does not allow for a CMX 1 property, the use for assembly and entertainment.

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Section 148025 also has parking requirements for a CMX 1 facility.

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um so those were the two um features that the um that l and i identified

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um my client has been using the facility as an event space for the past three years

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in 2022 he acquired um a permit for use um as commissary and catering

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Last year, he realized that that was not the use that he needed.

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He actually needed assembly and entertainment.

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Because what my client does is conduct events for post-baptism celebrations, weddings, and bridal shows.

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weddings, and bridal shelves.

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Can you show us some photos as you're speaking about this?

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Can you show us some photos as you're speaking about this?

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So it's already being used as an event space?

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Yes, it is.

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And the photos should be coming up shortly as I scroll down.

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And this is the whole building?

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uh no it's just the ballroom actually we do have i'm sorry i'm sorry we have another location wait

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we want to state your name and spell it for the record eduardo e-t-u-a-r-t-o uh s-a-l-g-u-e-i-r-o

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it's a lot of letters that's okay and do you swear or from to tell the truth the whole truth

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and nothing but the truth okay all right what you're looking at here is the um

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um, zoning, um, notice meeting poster, but that is the front of the, um, facility. I'm going down

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a little further, more, um, more photos of the, um, zoning poster will then move into, and there

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is a larger frontal, um, photo of the facility. Um, this is an overhead picture. Um, and one of

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reasons that i had shown this was that um 14802 had a restriction on parking um but mr socato can

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you identify where your um so it is uh close to the corner on fox chase road and like right between

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the mall and the fox chase road and okay we can't see that here that's not identified so yeah all

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right cursor on your let's see okay here we are yeah is that where you are uh one more one more

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yeah right there okay right right well one of the reasons that was shown was that um 14802

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had um a restriction on parking that um that said that the parking for this facility had to

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align with the adjacent category. The adjacent category is CA1, I believe, which is for shopping

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malls and things like that. And so the parking matrix for a CA1 is, I believe, four spaces for

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each thousand feet. My client's facility is 2,500 square feet, which would mean that he would require

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about 10 spaces currently he has two um deeded spaces in the rear of the location um but what um

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makes what i think really alleviates the parking requirement is that his hours of operation are

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from seven to ten the parking that you see in front of the facility goes free at six o'clock

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in the evening so basically um there would be parking there do you have pictures of the two

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spaces in the rear and also like photos of the interior well here are photos of

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the interior and I'll just scroll down if you're okay this is the entrance the

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vestibular foyer area. This is the rear. As you can see in the rear, there is a display case for

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soft drinks and things. I wanted to point out that my client's use for this is BYOB. There is no food

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prepared on the facility. In fact, he has another facility at 8010 Castor Avenue that prepares food

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and actually delivers it here the only thing that takes place here is that the food is served on

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chafing dishes and then served to um patrons and here you can see the um chafing dishes

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in the rear of that photo let's see this is um the basement um area which is used primarily for

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storage there again um all right and so do you have pictures of the parking the the parking that

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already exists on the property see if i i know you said it was two spaces i think right right

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let me see if i can get get it from if i can go into the overhead

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Let's see how I get it.

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so you said that that they can use parking and all of all these parking lots that we see now

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that they are yes do you have to have an agreement for that or just folks just parked there are you

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talking about the two spaces in the rear or no the remaining parking you said it was after six

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o'clock well after six o'clock there is um there is no um it's free parking there okay in the three

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in the three years that they've been operating as an event space there have not been any issues

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with respect to parking or noise which is one reason i think why he was able to get the um

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letters of support from his um adjacent neighbors on the aerial view there's the uh okay

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I'm sorry. Can't hear you. Sorry about that. So right behind the property, there's like a parking lot and a loading dock, whatever. And we do have like two space assigned to us. And basically it's like offices and they just close it down like 5 p.m.

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so usually there's like plenty of uh parking spaces on the the fox chase okay and bustle

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avenue and also there's like across the street there's the decepta terminal and most of the

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gases nowadays they just rather go to those places using uber across the street also there's

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like a parking spot uh but it's basically free after 6 p.m it's like a riding horse

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oh right across the street is an equestrian center so yeah anything else

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not anything else okay you can ask your client to adopt your testimony

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mr salgaro um you are the um lessee of the property yes i am yes and do you adopt my

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testimony that i've given it here this morning in front of the board yes okay questions from the

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board yes for deliveries are they coming through that same front door entry or and what's that

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busselton deliveries yes uh so usually we just bring our own things from the other side and we

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use our loading deck which is like a we do have a gate to the basement on the the back side okay

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and there's like two exit doors emergency doors so we use that and basically we use the the

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basement as storage as we do like events like weddings outside and we do have like stagings

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like uh church settings and flower arrangements so everything is basically used on the the loading

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we just go through uh to the loading dock in the back and then so one i guess the question is for

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the facility are you all the exclusive caterer no no no no so what happens if somebody hires an

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outside caterer uh so basically we just do like um like food wise we're the only ones you are the

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exclusive outside here okay but sometimes with people just ask to use for like celebration

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ceremonies and for example like training certifications so the location is very good so

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sometimes constructors they didn't they just need like permits to get like a

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license in the terminal like something and they just got all the employees to

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get like a training section there we do have all the visual like oh you're

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talking about that Commissioner your question was about the cater another

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catering is that if there's an other vendor that's not you okay and what

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about um furniture oh furniture we do provide our own so you do so literally like most things that

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people would have to order for an event are already on site yes that's what the basement level is for

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the storing for the but that doesn't mean that every like you know you might need four extra

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high tops i'm trying to figure out these extra things where are they coming in chairs tables

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exactly yeah okay any other questions from the board yes um what size events are we talking

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about here so usually we do have the the other one and this one we use mostly for like a religious

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ceremony so we can use one side for like the chairs and the other side for like celebrations

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like tables so no more than 50. okay okay and you've been doing this for how long uh over there

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three years okay and you said you have another facility is it the same at 80 10 cast revenue

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they have like industrial kitchen there and they have a venue for up to 50 guests

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okay and then uh in terms of uh this space you say you bring the food in do you have some place

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uh this space you say you bring the food in do you have some place to store the food do we have

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oh yeah so we just uh use the the the the square footage is like 2500 but we use less than 2000

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because there's like the bathrooms like big ones and also the the back uh service area when we have

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like a chest freezers we do have like a vertical uh fridge for like non-alcoholic beverages and

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we do have like um food warmers in the back okay and what about water of some sort so that you can

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like mop floors oh yeah we do have it you like yeah like yeah supply what there is um in one of

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photos if i can get to it there was um um a display case where they have um soft drink

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sodas and things like that right across from that um display case there is a sink where they can

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wash out three states okay all right there is no need for dishwasher because most of the parties

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are like disposable so we just whatever no no no no i'm not i'm not necessarily saying you need that

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but you still need some source of water outside of the bathroom wash down tables and yeah yeah

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mop floors things like that so if you if you look at that picture and you look at that um

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the display just across from that display is the kitchen where they will wash out you know

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whatever dishware or you know cutlery they might use okay you you keep calling this a display it's

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a bar um well it's a bar has wine people would right people would come up to get sodas and

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soft drinks and things like that and again what a bar does no alcohol yeah yeah yeah well i know

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i'm just getting any beverage at a event right i just you just kept saying that display and i

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thought it was like some sort of image or picture or video but it's but it literally it's a walk

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it was not selling alcohol so all right that was just thank you for that questions from our attorney

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um no questions i just wanted to make a note because i think the refusal was a little bit um

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incorrect well the use the use is not permitted in cmx one so you need a variance for that but

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the use is also more than 2 000 square feet so there should have been a variance also for that

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that so it's it's okay that it's not there I'm just noting for the record that that um that if

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this is granted that variance is incorporated in it as well understood okay all right questions

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from our virtual audience or there's no one here but anybody from our virtual audience I see no

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he's at this time chair planning Commission thank you chair and good morning David Fecto with the

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City Planning Commission chair and board members the comprehensive plan recommends a change in

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zoning at this location from cmx1 to cmx2 commercial mixed use the city rezoned this

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commercial corridor in 2022 and a council requested map change the city planning commission recommended

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against the zoning map change the previous cmx2 base zoning permitted the proposed use by special

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exception the proposed use is adjacent to a strip mall with abundant parking the city planning

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commission recommends that the board grant a proposed use variance for an event assembly

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facility and for not including off-street accessory parking okay and my two zero two five zero zero

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six nine eight five eighty three ten busselton avenue my vote is yes michael johns my vote is

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yes cheryl gaston my booty shifts mcadams my vote is yes i win my vote is yes okay all right thank

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you and and the rco said you keep it clean so continue to keep the place clean uh our kitchen

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the the floor is like white can you believe that thank you okay thank you number eight

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MI-2025-004243, 2654 South Alder Street.

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Xin Jin is the attorney.

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It's for a sit-down restaurant in an existing structure.

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Zen Jin will be coming in as a panelist.

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Good morning.

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Good morning, counsel.

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Can you state your name and spell it for the record?

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Yes.

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My name is Zen Jin, Z-H-E-N, last name J-I-N, here on behalf of the applicant.

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Okay. And do you swear our firm to tell the truth, the whole truth and nothing but the truth?

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Okay.

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And do you swear or affirm to tell the truth, the whole truth and nothing but the truth?

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I do.

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I do.

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Okay. And could you identify your client and their relationship to the property?

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Yes. My client is 2652 to 54 LLC. They're the owner of the property. Salvatore Dinovile will be the representative for the LLC.

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Okay. And our board secretary, Ms. Gaskin, will ask you a couple of questions.

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Good morning, counsel.

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Good morning.

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Did you submit your documents and exhibits five days in advance of this hearing?

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Yes. Some of the documentation were submitted within the five days, but most of it was submitted

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ahead of the five days requirement. Okay. And do you waive the reading of the

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refusal and stipulate to its accuracy? I do. Thank you. You can now share your screen

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and begin your presentation. Thank you. I'm going to share with the board what was previously

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