civus
Hearing video

ZBA Hearing - November 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 9, 20226h 28m

comments. A vote would have been for the approval of this particular project. And when I spoke to

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coordinating rco all in the family afterwards um they wanted to know because there were concerns

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about the trash plan our concern uh and we told them that we would have that the applicant would

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have uh trash being placed in canisters in the front and a trash contractor going by uh every

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daily to make sure that the trash is placed and maintained within the canisters

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And then on trash day for the trash to be neatly placed out in the for for trash pickup on trash day.

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Now, there is also history in this block of there being multifamily on this block.

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We just have we have 20. In fact, two blocks. I'm sorry. Three houses down.

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2618. That's a three-unit active rental license. We have 2608, which is multifamily.

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We have 2629, which is also multifamily. So there is history, definitely, of there being

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multi-families within this block. Now, the hardship is that this is a shell, this is a

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very large, this is a pretty large building, and we feel it would be significant hardship for it

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to be used as a single family. And we would ask that in light of the community, the significant

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community support, particularly on that block, that this project be granted. And also the

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meeting summary that was presented by the coordinating RCO, it notes that the parties

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couldn't reach an agreement on the application as well. That wasn't submitted in my package,

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but i did submit it to uh miss emerson this morning so that is also part of uh this as well

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and i have the applicant here and i would ask that he be um promoted so that way he could adopt

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the statements that's being said here okay mr alexander

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You have to raise your hand, Mr. Alexander.

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Mr. Alexander, you're allowed to speak.

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Okay, thank you.

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Hi, could you state your name as spelled for the court reporter?

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My name is Michael Alexander, M-I-C-H-A-E-L-A-L-E-X-A-N-D-E-R.

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Right.

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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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Proceed, counsel.

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Okay, Mr. Alexander, could you state what your position is with this, with Mobile Tier?

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I am the sole owner of Mobile Tier, LLC.

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Now, you heard the statements that I just presented, the evidence that I just presented to the zoning, to the board members.

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Do you agree with those statements?

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Yes, I do, sir.

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do you adopt those do you adopt those statements yes sir and do you have anything that you would

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like to add to what i've stated is there anything you don't necessarily have to but is there anything

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else that you would like to add to what i stated uh no i don't i don't have anything okay

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and i would just open it up for any if anybody has questions questions from the board

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No, Mr. Chairman.

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No, Mr. Chairman.

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All right.

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Questions or comments for the virtual audience?

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Chair, we have Odessa, last name ending in T.

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Okay.

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Ma'am, please unmute yourself.

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You're free to speak.

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Hi, could you state your name and spell it, please, for the court reporter?

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hello can you guys hear me yeah could you state your name and spell for the court reporter please

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Hello, can you guys hear me?

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Yeah, could you?

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yes my name is odessa tate o-d-e-s-s-a-t-a-t-e all right do you swear from the child truth the

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whole truth and nothing but the truth i do are you a neighbor no i am all in a family group

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okay could you all right what's your testimony so i also wanted to mention that there is no

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consensus because the other rcos wanted to go with another public hearing meeting so that's why

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there's no answer of confirmation on the form that jermaine received but in the meeting and from our

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point of view on one of the neighbors sean phillips asked what was done with the property what was

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Van Dyne and that the property

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incurs squatters and unwanted

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activity takes place from drugs

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to individuals leaving trash.

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I think that we all agree that

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fixing the property to habitability

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would be a great asset to the block,

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but we can also stay true to the

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fabric of the community by leaving

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larger three-story single-family

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homes accessible for families

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that need them. So as a

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suggestion for Mr. Harris

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and for his client,

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PHA has

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the housing choice voucher program for owners hdv owner pha makes their projections according to

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small area fair market rents so for a five-bedroom home such as this within the 19132 zip code

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he could receive 1846 for rent he can also utilize opportunities that hud may be able to provide

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but according to the x247 there must be adequate planning to meet the housing needs of present

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residents and of those individuals and families anticipated to reside in the municipality which

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may include conservation of presently sound housing rehabilitation of housing and declining

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neighborhoods and the accommodation of expected new housing and different dwelling types and

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that appropriate densities for households of all income levels section 604 states that the

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ordinances should promote protect and facilitate any or all of the following the public health

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safety rules and the general welfare coordinated and practical community

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development and proper density of population to prevent one mentioned the

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overcrowding of land it is important that the intensity of use or density of

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development is determined the development is a violation of density of

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population and intensity of use which is did not show what each floor looks like

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from front to back so we could not get a feel for the current layout and what

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can actually fit in the space according to the architectural drawings but there is an overuse for

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the space being presented by taking the number of bedrooms from five to seven all in the family is

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not in support of the various change to a triplex all right thank you thank you for your thank you

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for your comments and thank you for calling it thank you is there any other people in the virtual

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audience would have liked to make a comment chair we have a caller a phone number ending in three

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five five two okay i could you state your name please and spell for the court reporter

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yes this is adrian fernandez again adrian you've already been sworn just just so you know uh we're

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not going to vote today on this and we're going to wait to hear from the from the rcos yes i

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understood what you explained earlier. And with reference to that, I'm asking, is it possible you

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can hold a vote for at least three weeks? If you wait to hear, we're going to hold a vote for 30

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days. Okay. Thank you. Also, Odessa has mentioned some options that are in line with other

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variance hearings that we've had on this block, and we would like to present those to the

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neighbors because they're in line with keeping a single family. And we have successful rentals on

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this block by families that are kept in single family homes. All right. So thank you for calling

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in again. We appreciate it. You'll hear the results shortly. Is there anyone else in the

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virtual audience? I see no hands, Chair. Hi. Planning Commission, please. Good morning,

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Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission. That last name is

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spelled h-e-g-a-r-t-y right do you swear or affirm to tell the truth the whole truth and nothing but

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the truth yes sir proceed thank you board members in 2014 the zoning map was amended at this location

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from rm1 to rsa5 in accord with recommendations from the comprehensive plan however this existing

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building is a relatively large three-story structure and there is evidence of two and

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three family uses and similar structures on this block city planning commission recommends that

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the board grant the variance thank you um mi 2022-003

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Thank you. MI 2022-003-393-2612 North 17th Street. We're going to hold the vote on this. We'll wait 30 days to hear from the RCOs. Mr. Harris, thank you very much for your presentation.

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Thank you for having me again.

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I just want to note the record is otherwise closed except for letters from Swampoodle

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and North Philadelphia CDC who were not able to submit letters yet.

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Okay.

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Thank you.

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The record is closed other than the letters from the RCO.

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All right, Mr. Harris?

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Yes, thank you.

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Thanks for having me again.

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All right, thank you.

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number five mi 2022 00908 6302 morton street leo movihill is the attorney

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there's a letter of support from the chew and belfield neighbors club incorporated

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with proviso council person bass's office is not taking a position in this matter

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good morning members of the board mr mobile could you uh spell your name for the court reporter

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please yes it's leo l-e-o last name m as in michael u-l v as in victor i h-i-l-l right do you

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swear a firm to tell the truth the whole truth and nothing but the truth i do mr mulvihill could

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you identify your client in relationship to the property certainly my client for purposes of this

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application is ms bernicia salman that's s a l m as in mary o n as in nancy d as in delta

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she's the principal of watch us grow learning center llc the tenant at the property the property

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owner is also on the line our vice chair has a few questions yes hi mr malvahill do you agree

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to wait the reading of the refusal and stipulate to its accuracy i do have you emailed the exhibit

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pact with proof of ownership tax compliance refusal or referral voters under plans on the

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property thought is in advance of this hearing and have you met with the rco and do you have a letter

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Yes.

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Okay.

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You may proceed and start with what you've started with your screen.

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Certainly.

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Good morning, everyone.

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Leo Mulvihill on behalf of Ms. Bernicia Sellman.

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She's the proprietor of Watch Us Grow Learning Center, LLC, and she's a longtime resident

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of this particular neighborhood.

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She grew up a couple doors down from the subject property, so she knows the area well.

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This application is for a daycare center, not for 24 hours, maximum occupancy around

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20 for younger students in a really large building with a nice open play area outside

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that's fenced in. We'll get to that in a moment. So for purposes of this hearing, our materials,

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I have the refusal appeal on project information form at page 1. Area maps at page 9, lease

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at 11, commercial activity license at 12, tax clearance at 13, zoning notification letter

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at 15. We didn't have an RCO letter at the time of the submission of this packet but I believe we

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have since received one indicating non-opposition. I have photos of the property beginning at page 20

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and then we have the floor plans of the property beginning at page 75.

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So as noted this is a refusal for a daycare located in an RSA 3 zoning district and as we

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As you know, RRC 3 does not permit zoning, pardon me, RRC 3 zoning does not permit daycares.

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This is a map.

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So we are located right here in the corner on these relatively large properties on Morton

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Street at the intersection of East Washington Lane.

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There's a number of large multifamily properties here along Morton on our same block.

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And then this brick of RM1 properties directly to our northeast multifamily as well.

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number of multi-family on this block along Washington Lane. So in addition to the mailings,

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I went out at the request of the council person's office and ensured that these multi-family

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properties were personally hand-flyered just to make sure that we had attendance at the meeting.

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This is an overhead Google shop so we can see we're located by several bus stops

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and otherwise it's largely a residential area. This is at least the first page of our lease.

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I have a full copy as well, but Libby Goodman is the landlord.

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She's on the line as well.

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And here's my tenant, Venetia Salmons, for a five-year lease of the property.

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This is my client's commercial activity license and the tax clearance for the property.

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This is the mailing that went out.

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Copy of the refusal, proof of mailing.

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This is the hand delivery one that I personally gave out with orange flyers.

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And this is the property itself, so this is the view from Washington Lane.

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And this is the property itself.

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So this is the view from Washington Lane.

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This is the entire property, so there's three apartments above and then the ground story

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is basically set up for a commercial use like this daycare.

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There's two separate entrances, one on Morton off to our right, we'll get to that in a sec,

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this one on Washington Lane, and this will be the primary entrance for the daycare.

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There is a gate here, it's just open in this photograph, and there'll be some signs here

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as well to direct parents to come in via this entrance up the stairs in their rear the entrance

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along morton street that's a handicapped accessible entrance so it is ada compliant with the ramp in

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case anybody needs to get in on the ramp so back here as we can see where i'm indicating with my

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cursor these are the fences for the adjacent properties these are all going to be uh there's

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going to be a new fence installed that's solid wood to completely fence in this back area to allow

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privacy and security,

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both for the students who will be at the daycare

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and for the nearby neighbors.

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Get a shot of the property from the other side.

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These are the nearby twins that I was discussing earlier.

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This is our zoning sign on the Morton Street side.

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And this is a view from Morton Street.

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So our building is a twin.

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The part with the black on it is the house next door.

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It's a multifamily house.

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Here are the three mailboxes and separate entrance

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on walkway for the three units that are present in this building already. This walkway leads up

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to a set of stairs to the other entrance as I discussed previously on Morgan Street and this

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ramp here is for the ADA accessible entrance. I have a million other photos there as well but we

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pretty much got the gist. This is taken from the interior of the property where I was showing

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everybody earlier that we'll be installing fences on the interior for privacy and this is going to

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be showing the general play area for the kids. As I discussed earlier, this is going to be

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replaced with solid wooden fencing for security and privacy. This is the interior of the property,

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so we're pretty set up to go. We have several different rooms, play area, cleaning area,

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