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Hearing video

ZBA Hearing - October 30, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 30, 20245h 46m

To tell the truth, the whole truth

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And nothing but the truth

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Yes, I do, sir.

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Yes, I

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So, sir, this is for the complete demolition of all existing structures on the existing lots, for the erection of a six-story structure with a roof deck accessed from the sixth floor.

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For use is retail sales of sundries, pharmaceuticals, convenience items, adult care on the first floor, business and professional offices on the second floor, and a personal care home with 24 one-bedroom units on third through fifth floors, along with six accessory all-street parking lots, including one van accessible.

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That is correct, sir.

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Whereas two bicycle parking spaces are required and zero.

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Whereas the maximum occupied area is 80% and 0% is proposed, whereas a rear yard depth of 9 feet or 10% of a lot is required and 0% proposed, whereas a maximum height of 55 feet is permitted and a height of 65 feet is proposed, a personal hair care home requires special exception approval in the CMX 2.5 zoning district.

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Our vice chair has a few questions, sir.

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I'm also with our attorney, Mr. Ivano.

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Sir, wait one minute.

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Our vice chair has a few questions.

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Yes, good afternoon, sir.

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Have you emailed in all the required documents and information that's needed to proceed with this case five days in advance of this hearing?

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Yes, sir.

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Thank you. You can proceed and share your screen.

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Our architect, Mr. Ivano, he has all of the stuff on his screen.

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I was wondering if you can let him share the screen.

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Yes, sir.

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What we'll do is we'll let him share the screen and you'll testify off his screen, okay?

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Okay, yes, sir.

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What's your architect's name?

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Ivano, I-V-A-N-O.

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Mr. D'Angelo is coming back in as a panelist now.

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Okay, thank you, sir.

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Thank you, guys.

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we're going to let him testify and you're just going to use the screen.

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Okay.

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Yes.

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Good afternoon.

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Can you hear me?

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I can.

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So what we're going to do is you use the screen and he'll testify.

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He's the one that testifies.

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Okay.

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Understood.

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I'll share the screen now.

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Yes,

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please.

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Okay.

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Do you need me to say any swear in?

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Well,

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you're not going to testify,

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right?

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Understood.

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Well,

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I,

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I probably might need to ask.

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Well, if he calls you as a witness.

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Bob, why don't you start your testimony

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and tell us what you want to do, too.

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I mean, we know all your documents.

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We see your documents.

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Yes, sir.

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I mean, the variance,

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we're asking for the variance to,

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let's see the screen.

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And the refusal was that we have to require the 80 percent setback.

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And then, no, I'm sorry.

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We're asking that we don't do the 80 percent.

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Here's what I want you to do.

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Here's what I want you to do.

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Show us what's there now.

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Show me right now what's there now.

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Yes, sir.

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Right now, this picture right here, it used to be like a movie theater way back in the

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1900s and then it became like a dollar store and before you're going to take that you're going to

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take that down yes sir yes sir you're going to build a six-story building a five-story building

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yes sir uh okay um

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what it said six-story building and in the top a five-story building with the rooftop um

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um that uh says here a six-story structure with a roof deck so that's the roof okay so this is

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what you're taking down now yes sir show us what you're going to put up uh this is uh this is the

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the new picture of what we're going to try to put up sir

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could you show us floor plan too for that

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yes uh the floor plan is is in in india yes sir

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architect you have the floor plans can you see them yeah no apologies

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how about now

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yes yeah that's the first first and second floor uh the first floor uh is going to act

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Yeah, that's the first and second floor.

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The first floor is going to act as a pharmacy and an adult daycare for the neighborhood.

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And then the second floor is an office space that we can operate as a home care office for training.

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And even the local organization can come use the conference room if they need it.

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So, you know, we think that is very good for the neighborhood.

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But we didn't have any problem with the past junk zoning meeting that we had.

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No, it's the third floor.

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Yes, sir.

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Yeah, the third floor, the fourth floor, and the fifth floor are very identical.

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They're just one bedroom, like, senior apartment for...

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That's eight in each floor.

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So the third, the fourth, and the fifth has eight each.

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So...

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And that's the rooftop, the roof terrace where they have some, you know, garden and stuff like that just to go and maybe clear their mind, you know, so.

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Three, four, and five is basically one-bedroom apartments?

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Like a senior, we were hoping to make it a personal care apartment where it could be assisted living.

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Yes, sir, yes, sir, yes, that's what it is.

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That's three, four, and five?

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Yes, sir.

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then there's a rooftop deck yes sir

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went to the rco yes sir and the rco is in support of what you wanted to do oh that is correct sir

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councilman also sent a letter of support in oh thank you yep so much uh so questions from the board

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what's the timeline just a quick question well we're hoping uh one and a half years

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to two years to finish the the project um mr johnson okay um so question um these rooms and

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it's hard for me to see so you're saying this is an assisted living

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yes ma'am well i mean like the plans are there i mean if we can get the license for assisted

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living we would love to go that way if not uh you know it'd be a senior i'm asking you what

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you're trying to do this is there's something about adult care on the first floor yes ma'am

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adult daycare on the first and then this is a personal care home yes ma'am do each one of these

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have um it's hard to see i'm sorry it's a little small so each one of these are sort of self-contained

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kind of units where there is some little kitchen and oh yes ma'am yes ma'am depending on the level

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of care well you know we can have the nurse to go and uh you know help with um you know uh depending

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on how you know the their condition uh it could be simple as just a medicine reminder or bringing

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up meals or it may be you know maybe someone else is a very critical condition where maybe um the

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nurse have to you know stay longer or something like that but it'd be a good project for for

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seniors in the area man so where where are these nurses going to be and will they be are they

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living on site? I don't see anything in here about where the, you're saying there'll be some

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kind of nursing care. Yes, ma'am. So where will they be? They will come like on site as needed, ma'am.

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So, so what is the office space, the business and professional offices on the second floor

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or just administrative offices

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or how is that going on?

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Administrative office, training office on the second floor.

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I mean, the first floor,

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maybe we can set something up there

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for supplies and stuff like that

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for it to work.

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Okay.

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And where will your,

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where would the residents be coming from?

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Are they going to be referred from some kind of agency, or how is that going to work?

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I think that right now, I mean, my office is two blocks away from that site.

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And just the area alone, I think that the seniors from the income are not able to afford that much of the apartments that are priced around here.

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so we need a lot

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we in need of

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in need of a place like this.

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a place like this

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well I'm not

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Well, I'm not, that's not my question.

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that's not my

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My question is, so then how are you going to,

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are your residents, this is a personal care home, right?

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Yes, ma'am.

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So are the residents coming from some sort of agency

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or they're being referred by somebody to your facility?

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Is that the plan or how?

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That would be the plan.

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I mean, open to the public.

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i mean it's it's for you know whoever wants to apply first come first serve and uh you know we um

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we're open arms uh ma'am

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okay all right you're not answering my question but okay i'm sorry and then

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so so i guess i guess the question too is it's it's a personal care home and i guess the point

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is there's going to have to be nurses there or some medical aid 24 hours a day yes where where

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will you have those people like on each floor if you know theoretically you got to have somebody

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on each floor right so where where where would the medical attendance be on your plans

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so what i'm saying is three four and five are going to be open to people who are assisted care

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or, as you said, some of them in much serious condition.

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How are you going to have medical attention for that?

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Tell me, explain that.

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I mean, it's not concrete.

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The idea is for a senior apartment.

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So we're hoping if we can get the license for assisted living,

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that we can maybe put the nurses on the first floor.

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yeah but i i mean i get that but um if you have people in the four floors it's got to be somebody

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if they're watching where how where they are right walking around and making sure everybody's okay or

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not really no i mean if uh if it was just for seniors then then um you know they can just

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live on the third fourth or fifth floor without the assisted uh living

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i mean the intent is for yes uh for seniors uh over 55 home you know like apartment senior

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apartment then you say you're looking to change that at a later date um yes i mean i mean you know

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if um honestly if that that works we'd rather just have it as a senior home instead of uh you know

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personal care. Mr. Chair, can I just interject for a minute? So, Mr. Hang, under the zoning code,

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a personal care home and an apartment building are two different things. The way your refusal

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is written right now is for a personal care home. Your plans look like an apartment building.

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If you want to do an apartment building, your application is going to need to be updated to

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reflect an apartment building if you want to proceed with a personal care home you may need

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to have different plans in place as this process moves along for it to actually be a personal care

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home because if it's built if you get approval for a personal care home and then you build an

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apartment building ellen i is going to tell you you're going to have to come back and get new

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zoning approval i understand okay so you need to decide what what you are doing now and make sure

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that everything matches so that you are getting approval for for what you intend to do right

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absolutely i understand thank you hillary because what you've shown on this on the third and fourth

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floor are individual apartments yes at three four and five michael three four and five yes exactly

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an adult day on the first floor so you need to be clear on what it is that you that you're that

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you want to do right now if you want to change it later on that's a different story but this is what

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you've shown now I understand yeah I think it's um it's written wrong I think that we want it to

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be like a senior apartment instead of um you know a personal care home okay if that that is the case

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then what I would recommend as board council is that the board hold this

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decision.

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And then that you submit a request to the board to amend your application

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so that there's a refusal issue that says what exactly what you're asking

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for, which is multifamily household living.

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That's what you're really asking for on the third through fifth floors.

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Yes, ma'am.

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Thank you.

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So you'll, you'll get back to us.

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You're going to send us what you're trying to do.

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Okay.

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Okay. I think Mr. Ivano has his hand up. Maybe I'm not.

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Okay. I think Mr. Ivano has his hand up. Maybe I'm not understanding it. He understands it more than me or something.

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Could I speak?

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Can you hear me?

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Hillary, can we take tests?

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