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Hearing video

ZBA Hearing - December 4, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 4, 20246h 44m

I didn't even know I could do that

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have I got the right one for you

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yes

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do you like the first floor

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or the second floor

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I'm trying to figure this out

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that's the first floor on the bottom

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as you can see you come in through

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here right

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you've got this door

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which opens the foyer of the first floor

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this other curve line here

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that's another doorway

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and you go up through there

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let yourself up the steps

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And now you're in the living area of the second floor, which is at the top.

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Okay.

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Does that help?

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All right.

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Yes.

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I can get more of it in that.

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Just amazing technology.

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I just can't believe it.

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And how many?

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What is in the crosshatched part?

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I'm sorry.

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What's there in that crosshatched part of the first?

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That's a good question.

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I don't understand the significance of it because there's nothing about the floor or anything like that that's missing now.

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Mr. DuPont, can you tell Ms. Gaston what the significance of the crosshatch work is?

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That's this here on the first floor.

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Gene?

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So right here?

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Yes, sir, right here, like on the first floor as you come in, because I believe there's

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already, there's still, there's floor there now, right?

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Yes, there's floor there.

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So other than just artistic license, can you tell the board what the significance of that

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cross-hatching is there?

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This is the main entrance.

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Yeah.

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or from 19th street as you as you walk in as you said it's still it's properly correctly there's

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a door to go to the first floor can i can i cut in there's a there's a note that says hatch location

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of floor to be constructed in accordance with detail whatever the detail number is

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so it's it's it's obviously for building permits that's what the note describes that hatch area is

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for. Is this a one-bedroom apartment? This is shown as a two-bedroom. Two-bedroom each floor.

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Yeah. All right. Okay. Thank you. And that leads to my point. The floor as a two-bedroom.

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I know this is zoning, but there's no light, air, or ventilation for what would be the living

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rows, so I would be definitely opposed to two bedrooms.

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If I may respond.

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That's my opinion.

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I don't think there's a response to that.

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Well, the response to it could be that we'd be glad to provide ventilation as a proviso

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of this construction.

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No, no, natural air, natural air and ventilation for a living room.

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natural air and light

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and ventilation to a living room.

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On the first

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one,

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well, they're right.

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Because both sides of the house

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are sealed, the only

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light would be... Unlike the second

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floor unit, which has a living,

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although small, it has

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a space that has windows and

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you know, it's an open area.

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Right. And some light and natural

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light and ventilation.

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So I guess my question is, the block is kind of one of those mixtures where you have a majority two-story homes and most of those two-story homes are single family.

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And then you have three-story homes on the other side of the street.

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So this home is on the two-story side where primarily most of the houses are two-story single family.

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So what is the hardship in creating, you know, just leaving it a by right single family home here?

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Essentially, for the investment that is going to be required to restore this building, this property will not be able to compete and get the return a single-family dwelling would give.

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That's the financial reason why we need a two-family dwelling in order to make the kind of investment at the cost.

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a two-family dwelling in order to make the kind of investment

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at the cost presented today.

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The reason why the neighborhood organization approved it

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on the family was because they recognized the need

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for this type of housing for the neighborhood.

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They saw the value of having two beautifully prepared units

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like this offered to the public.

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As I said, it's a very, very neat-looking neighborhood.

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The vacant lots are completely well-groomed and tripped, but there just aren't an excessive number of housing opportunities there.

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And these are simply more affordable.

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And they're more competitive to the marketplace.

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It's more what the marketplace needs.

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And our return will be enough to overcome, of course, the interest of the taxes and investing this money in the property and keeping it and maintaining it successfully.

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Okay. And my last question is, I know that RCO issued some provisals and just wanted to know where you stand on the provisals that they asked. I know some of them are unenforceable from the zoning context, but where do the clients stand on the provisals?

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Do you think they're modest provisals and they're completely amenable to them?

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Other questions from the board?

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Questions or comments from our attorney, Hillary Emerson?

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not at this time mr chair i should check comments from the virtual audience

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oh chair i have one more question um so the who gave you the meeting you actually had a

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had a community meeting or did you just talk with this rco because the coordinator so you

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weren't able to get in touch with right we tried a couple of times and i i believe there was a

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community meeting though i did i didn't myself attend it but i believe that this was basically

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So can you ask your client if he presented this to the community at some point and that the RCO just didn't make a phone call to the RCO?

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Mr. DuPont?

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Yes, the very first time we have the meeting, the RCOs, they actually came out to the properties.

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I met them there.

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They went through.

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And after that, they said they will make the decision.

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So was the community there?

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Did the community take a vote?

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Or did you do a presentation to the neighborhood in general?

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Yes, yes, we did.

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Questions or comments, virtual audience?

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Planning Commission.

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Planning Commission.

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Thank you, Meg Kavanaugh, Planning Commission staff.

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The comprehensive plan recommends no change to the existing RSA-5 residential single-family zoning at this location.

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The application is not supported with evidence of unique physical circumstances or conditions of the property that would prevent it from being used in conformance with the zoning code.

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The Planning Commission recommends that the Board deny the variance for two-family households today.

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I-20-24, 000-427-2549, North 19th Street. I vote no.

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I vote no. My vote is no.

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Charles Gaston, my vote is no.

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Tanetta Graham, my vote is no.

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Tywin, my vote is no.

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Ishmael Shahid, my vote is no.

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Thank you, counsel.

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Thank you.

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Number five, MI 2024-004-453-6465 Germantown Avenue.

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Corinne Weiss is the attorney for the tenant.

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letter of unanimous support

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from East Mount Airy Neighbors, RCO.

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Thank you.

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Corrin?

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Ms. Weiss?

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Here I come.

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Thank you.

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Good morning.

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Could you please state your name and spell for the course

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stenographer?

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Corin Weiss, C-O-R-E-N-W-I-S-E.

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You swear or affirm to tell the truth, the whole truth,

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nothing but the truth? I'm counsel for the applicant, Mr. Chair. In the audience should

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be Jennifer Hilson, H-I-L-L-S-O-N, on behalf of the applicant, Little School on the Hill, LLC.

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on behalf of the applicant little school on the hill llc and our vice chair has a few questions

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good morning counselor do you agree to waive the reading of the refusal or stipulate to its accuracy

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yes sir have you emailed in all the required documents and exhibits as needed to proceed

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with this case five days in advance of this hearing yes sir thank you council please proceed

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and show your screen thank you

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green button on the bottom yeah there we go okay thank you um let me just get this to the top here

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so uh good morning mr chair and uh members this is 64 65 germantown avenue uh located at that um

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address is the Second Baptist Church of Germantown. And this is an application for a daycare,

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a group daycare at that location. You'll see on my screen and in your records, the refusal that

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was issued, which we've waived the reading, but I did want to note in the refusal, the notes to

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the zoning board, and just show you that this space has been previously approved as a daycare

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child care center and were before you only because it's been vacant for more than three years. So I

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represent Little School on the Hill LLC. Little School on the Hill is a daycare that's been

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operating in the neighborhood of East Falls. Their current address, 3585 Indian Queen Lane,

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has been a child care center for probably 10 years or more. I know my sixth grader

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went there when he was a preschooler, so it's been at least that long.

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The application is to issue the variance for a group child care center at the location there

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at the Baptist Church and move Little School on the Hill from the East Falls location into

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into that church location on germantown avenue um moving through the exhibits i should say we

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there was a meeting with the east mount airy neighbors you should have a letter from the

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meeting from november 19th uh stating unanimous support for this uh for this use uh this application

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let me try and page down here

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okay so uh just paging through the application so no modifications at this location will be

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required it was previously a daycare and it's fully intact and i want to show you the photos

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where that's obvious here's the lease for the property uh between the applicant and the church

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for the daycare spaces and just moving through uh the taxer wasn't available on the appropriate

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website, but we have the printout from the revenue site showing there's no balance. I hope that's

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sufficient. I don't know why the cert wasn't available, possibly because this is a church

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property, maybe, not sure. So let me flip this. Here's notices on the gates of the church.

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And the church in the background, you also see the parking lot,

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uh which is a huge amenity when it comes to daycares let me flip back

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so notice is posted on all the street facing frontages so here's uh the one of the classrooms

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um as part of this application you can see uh plug and play here ready to go

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This is the presentation slides that were presented to the neighborhood group, just highlighting that the operator, Ms. Hilson, is licensed and certified with experience as a child care provider.

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There's not any modifications to the space needed, and the variance doesn't impact the health or safety or welfare of the community.

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Miss Hilson has a background and education in child care and has been operating the little

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school on the hill for a number of years. Here's the here's the plan with the highlighted areas

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the entrance on the bottom left stairs up with the three classrooms comprising 1175 square feet

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as well as a kitchenette and a bathroom in the space.

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as well as a kitchenette and a bathroom in the space.

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These are the happy children of Little School on the Hill

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at the current location.

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It's a Montessori-based program.

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The template for the RCO meeting, I won't flip that,

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but here's here's the uh east uh mountain airy neighbors mr chair you've received this i believe

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we do okay thank you uh you know so unanimous they stayed at the bottom their approval of the

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application here's the proof of mailing of the notices which the mount airy letter confirms

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and that's

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And that's the, those are the.

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Why don't you bring your client on, Mr. Weiss.

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Sure.

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Ms. Hilson, just raise your hand.

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Jennifer Hilson has been unmuted and allowed to.

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Could you please state your name and spell for the stenographer?

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Sure.

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My name is Jennifer Hilson, J-E-N-N-I-F-E-R, Hilson, H-I-L-L-S-O-N.

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We're a firm to tell the truth, the whole truth, and nothing but the truth.

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Yes, I do.

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Please proceed, counsel.

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Thank you.

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Ms. Hilsen, have you heard my testimony, and do you adopt it as your own?

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Yes, I do.

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Okay.

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