civus
Hearing video

ZBA Hearing - July 14, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 14, 20216h 15m

property for residential single family use this is a 1700 square foot lot there is nothing unique

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about this lot that would prevent it from being used in conformance with the code we recommend

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that the board deny the requested variance thank you uh miss amazon is the architect is she available

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yes i see leah is still here um but if i may just point out that this was an rm1 property

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when my client purchased it in 2019 and then it did become rsa5

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um so if the architect is ready if not we'll move to the next case and hold the vote on this

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until she gets back on is that leah

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yes um we're we're looking at 502 section 502 and it's there's nothing in there about that um

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chair if i may um if i could just present lime kiln and we could get a little bit more time

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i'd like to wrap this up if we could uh miss litman you're saying there's nothing in the

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code that addresses the question from mr holliman as far as we're aware sleeping rooms can be below

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grade and we do this all the time as long as there's adequate egress um as far as the area

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of the window to egress out of and proper egress wells and we're providing all of those things for

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this property and it seems like this would be a building code issue that will be addressed

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i believe the code also says the building has to be six feet sleeping in the basement

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I believe the code also says the building has to be six feet.

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The sleeping in the basement has to be six feet out of the ground.

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Isn't that there?

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That's correct, Tom.

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What's that?

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Go ahead.

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No, go ahead.

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I was saying that's correct, Tom.

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Most of the window and access egress has to be out of the ground.

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Go ahead, ma'am.

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I'm sorry.

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No, that's okay.

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No problem.

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If I may, I would also just like to point out that we did community outreach.

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We received 20 letters of support from the community as well as support from the RCO.

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And as Mr. Goodman noted, we did receive support from the Councilwoman as well.

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Yeah, I think what Mr. Holliman, to his credit, is asking the question as it relates to, it's a safety issue.

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Of course, I understand.

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And we want to make certain that it's meeting the requirements of the code.

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so um before we move on do you mind mr holliman just clarifying what code section you're referring

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to is it section 502 you said i'm sorry chair um would it be this is tanya i'm sorry would it be

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a good idea um for the board to hold the case uh this case for one week for information slash

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clarification and um the board can discuss it at executive session i was actually going to say

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something similar to that but i was going to give them i was going to give them one more shot so if

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tom if you could answer that question from this litman litman then maybe we can move on and do as

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Ms. Sunkit just suggested.

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It's the IBC

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Chapter 5, Section 2

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and

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Chapter 11, Section 2

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of the IBC.

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Chapter 11 is

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accessibility. I'm looking at it right now.

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Chapter 5 is

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about addresses

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in Section 502.

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all right so maybe what we're doing okay i'm sorry finish oh i'm just saying that i'm trying

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to find the section that he's referring to to clarify um but i'm not able to find it

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well we're confident that it's code compliant can you state for the record

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the distance the building is out of the ground at the basement level

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in the rear the building is four feet below grade and at the front it's it's i'm sorry it's fully

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below grade at the rear and at the front it's four feet above grade thank you yes thank you is that

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tom do you have enough info to vote on this or do you still need more clarification

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no i can vote on it i didn't know if you needed any any other information okay

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All right. Planning Commission already voted. MI 2021-001427, 5303-5305, Chester Avenue. My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is no.

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So you, MI 2021, that's 001-561-6630, Lime Kiln-Pike.

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Ms. Amazon, you're still under oath.

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Just identify yourself and proceed.

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Yes, I would just ask that.

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I apologize.

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This is yes with proviso.

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Oh, which one?

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Chester Avenue?

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Yes, it is.

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One page?

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Yes, one page.

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All right, we'll revote it.

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MI 2021-001-427-5303-5305 Chester Avenue.

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My vote is yes.

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With the proviso one page approved today.

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My vote is yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Excuse me, Mr. Chairman.

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What property are we voting on?

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That was the one you voted no on.

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It was pointed out there was a revised plan.

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chester avenue number nine time my vote is still no thank you all right we'll move to

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lime kiln pike number 10 on our list i read that into the record please proceed

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thank you uh do you want to wave the reading of the refusal and stipulate frank mr chair

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uh yes i think you need to do that yes okay do you agree to wave the reading of the refusal

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and stipulate to its accuracy?

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Yes, I do.

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Have you emailed the exhibit packet

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with proof of ownership, tax compliance,

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refusal referral,

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photos under plans of the property

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five days in advance of this hearing?

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And have you met with the RCO?

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and have you met with the RCO and do you have a letter? Yes, and we have a letter of support as

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And do you have a letter?

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Yes, and we have a letter of support as well.

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well. Okay, great. You may proceed. Thank you.

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Again, my name is Quentin Amazon, 123 South Broad Street, Suite 1600,

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and I'll be presenting 6630 Lime Kiln Pike. So during my presentation I'll be going through a

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similar packet of materials include the deed, the certificate of tax clearance, the notice of

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refusal, our application for appeal, maps of the area, as well as photographs of the area,

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our proposed plans and drawings, and a bit about my client, We Care Learning and Development Center,

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as well as some of the letters of support that we received from nearby neighbors,

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as well as some of the other commercial businesses in this neighborhood as well.

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So here we have a deed showing that my client does, in fact, own the property.

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The tax clearance information, I'm sorry, if you just give me one moment.

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I apologize.

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We also have the notice of refusal, this property is zoned as RSA 5, however, we are looking

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to have a daycare here, specifically for WeCare Learning and Development Center, and later

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in my presentation I will give a bit more information about the organization.

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Here we have the application for appeal, again the refusal, our project information form,

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map of the area, we are on the corner of Wincoat and Lime Kiln, the property is owned as RSA

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5.

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Here's a view of the front of the property.

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So we do have ADA accessibility here in the event that any of the children may be disabled

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or may need a little bit of assistance getting in and out.

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We have a view of the property from Lime Kiln Pike, a view of the side of the property,

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view to the right of the property along Lime Kiln Pike, view to the left of the property,

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view to the right of the property on Wincote, view to the left of the property on Wincote.

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and here we have our site plan as well as our proposed drawings so as you can see here it is

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three floors and we are looking to have children up to the age of 10 and a bit of information about

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we care learning and development center they focus on educating children and their unique

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styles of learning as well as enhancing their independence and ability to contribute

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in a positive manner. They focus on the three P's, which is passion, patience, and purpose.

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They are a three-star facility pursuant to Keystone Stars, which is a state program that

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rates daycare centers. So they really do pride themselves on the service that they provide to

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the children. And here are just a few of their alumni. And we did reach out to the community,

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and we had a community meeting in which we did receive support for this project.

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we also made sure that we reached out to nearby neighbors to see how they would feel about this

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proposed use as well and we did receive resounding support as well as several other letters from

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commercial businesses within the area our meeting with the name with the community was on may 27th

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at 7 pm and we notified 103 properties in total our certificate of mailing indicating that and

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if i could just have my client um adopt my testimony if possible

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it should be diane green

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miss green you can unmute yourself and please wait for the chair good afternoon miss green

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please identify yourself with the record spell your last name and i'll swear you in good afternoon

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Diane Greene, G-E-R-E-E-N.

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For him to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you, ma'am.

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Please proceed.

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Ms. Amazon?

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Thank you.

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Diane, did you hear my presentation today?

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Yes.

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And was it true and correct?

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Yes.

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And would you adopt it as your own testimony?

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Yes.

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Thank you.

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Any questions from the board?

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No.

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No.

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No.

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anyone else have any questions for this witness please identify yourself raise your hand

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chair we have someone with the last name can please unmute yourself and wait for the chair

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i think that may actually be an error that was my client from the prior projects

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thank you anyone else to testify in this case please raise your hand

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okay we have Cynthia DeVoe please unmute yourself and wait for the chair

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Okay, we have Cynthia DeVoe. Please unmute yourself and wait for the chair.

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I apologize. I'm not here for this case, but I do know what she's talking about. Yes, I would be in agreement with it.

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Thank you. Anyone else?

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Lastly, we have Hillary Emerson. You may unmute yourself.

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Good afternoon, Ms. Emerson. You're still on the oath from earlier today. Please identify yourself.

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Yes, thank you, Mr. Chair. Hillary Emerson on behalf of Councilwoman Sherelle Parker.

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I just actually wanted to ask preliminarily if Ms. Amazon could identify a couple things on the plans for me.

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I was a little unclear about in reviewing the plans after our community meeting.

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Could she please identify the exits on the building and where the trash is being stored?

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Of course. Let me just pull this back up.

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My notes indicated there were three exits, but when I went and looked back at the plans, I can only find two, and I didn't know if I was missing one.

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Gotcha.

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The safety and exits were an area that the community was interested in and, you know, wanted to make sure was properly addressed as noted in the provisos and the RCO's letter.

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Let me just share my screen again here.

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so we do have one entrance and exit here we also have an entrance and exit right here

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and i believe there is another entrance and exit from the it's actually two i apologize

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so we have one here as well as one on the side. So both entrances are are both both entrances and

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exits are on the first floor? Yes that's correct. Okay all right I had a note in my notes from the

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meeting that there was also an exit from the second floor but I didn't see it so I didn't

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know if I wrote that in error that's why I was checking um and where would the the trash be

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stored um it was my understanding that it was in the in the rear but I don't know if the rear meant

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on the wing coat side or the lime kiln side and I didn't see a place on the lime kiln side

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absolutely so we would have it come through the side yard and I think it's actually a little bit

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better to see it from this view and then we would bring it into the front of wing coat for pickup

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oh okay okay all right so it would you use this shed that's already there then exactly okay all

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Right. Thank you. So in reviewing the application and attending the meeting, or I attended the

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meeting, and listening to some of the questions that were raised by the community, the councilwoman

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doesn't oppose having a commercial use at this property because it has had a consistent

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commercial history for decades, and while it's surrounded by residential, it does have commercial

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businesses around it on that kind of island between the streets there.

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We did have a couple of concerns, one being the decision to have the youngest children,

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the young toddlers, in the basement where there's not a direct means of egress. They would have to

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go upstairs to one of the other means of egress and then the children on the third floor having

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to come down two flights of stairs in order to get to egress on the first floor and I know some

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of this would be renewed reviewed by the state but also by the city pursuant to a certificate of

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occupancy but we think it may be the business and property owner may want to consider not having the

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