civus
Hearing video

ZBA Hearing - April 28, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 28, 20217h 7m

This is the third listing.

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Okay.

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All right.

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So, Mr. Patrick, we haven't received any exhibit.

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This is like the third listing.

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So, for this case, MI 2020-000-112-4829 Longshore Avenue.

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My vote is to dismiss.

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Dismiss.

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Dismiss.

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Good luck.

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Okay.

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Next one up is MI 2020-003412.

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5210 Art Street.

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We're in Anastasio.

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Vern Anastasio.

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Mr. Anastasio.

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Mr. Anastasio has been promoted back to the panelist, sir.

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Mr. Anastasio, good morning again.

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Please identify yourself for the record.

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Good morning, Vern Anastasio.

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It's V-E-R-N.

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His last name is Anastasio, A-N-A-S-T-A-S-I-O.

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Mr. Anastasio, you still under oath.

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Do you agree to waive the reading of his refusal and stipulate to its accuracy?

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I do.

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Thank you.

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Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, folders and plans five days prior to this hearing?

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Yes.

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Also, have you met with the RCO and have a letter?

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Yes and no.

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We have met with the RCO.

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I spoke to Ward Leader Jordan this morning, and he would like us to come back within 7 to 10 days

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just before the Executive Committee to iron out some details.

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There's an alley that my client has agreed to maintain and fix and light up for the community.

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As such, with the RCO's support, I request that we present our case today

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and then have a resumption hearing for the RCO to weigh in.

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Tonya, is that okay?

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Ms. Fai with me is Sharon's call.

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Sharon?

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I would say though that the resumption hearing will be limited to reading the RCO letter into the record.

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We'll bet.

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Is that okay, Mr. Anastasia?

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That's fantastic.

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Great.

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Please proceed.

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Thank you.

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Excuse me while I share my screen.

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Okay, so we've got, again, this is very straightforward. It's 5210 Arch Street,

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and the application is for two-family household living in an existing structure.

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And let me show you. This is a cross-cut basement level. Both units have access to the basement.

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There is a rear access and a front sidewalk access, standard two-story row home.

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That's actually at the end of a row, and it's a commercial adjacent.

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So it's the very last property, residential property, before we get to the commercial.

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and basically we're just putting back what was there um 20 years ago it's been vacant for 20

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years uh the first floor there's a patio here uh the first floor uh is pretty open you know open

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space and then we have a rear bedroom and rear yard access second floor pretty standard we have

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an eat-in kitchen, large living room, and a bedroom on either end of the of the unit.

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Let me show you where this property is. So there's the property right there.

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This is, as I said, it's at the end of a row of residential and then it's commercial mixed-use

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adjacent. Here's the alley that my client is, actually it's a pretty dangerous alley based on

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all the neighbors input so and we're going to be using that alley for trash so that both units can

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take the trash from the rear yard and bring it out to the front on trash day and the neighbors

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were concerned about the safety of those folks up that alley so what my client has agreed to do with

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the support of the community is to maintain the alley light it gate it make sure everyone has a

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key and just bring that alley back to where it should be because it's not in very good

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shape right now.

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And then I've got a couple other exhibits to just point out to you briefly.

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As you can see, the last known use was vacant two-family dwelling.

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they tried to go for some sort of community center but that never worked out for I guess the previous

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owner and included in my packet we have signatures from everyone on the block that I have submitted

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as well at least everyone on that side of the block that we could get 52 15 14 27 39 43 17 20 13

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and somebody else who lives in 13.

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As I said, we had a very fruitful meeting with the RCO.

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It's just a matter of hammering out some minor details.

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Given the history of this property,

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given the fact that it has been inactive and vacant

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inactive and vacant for almost 20 years uh and that it sits up and otherwise uh

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for almost 20 years and that it sits...

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date right by a dangerous alley uh we believe that this is the smartest uh best highest use

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rehabbing that house finally after so long and breathing new life into that alley and making

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sure that it's safe and clean for everybody in the community and with that i'm going to rest my case

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and ask my client, Bessam, to raise his hand.

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Virtually, of course.

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Mr. Osmani has been allowed to speak, sir.

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Thank you.

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Sir, please, go ahead.

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Mr. Osmani, can you please identify yourself for the record?

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Yes.

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This is Bessam Osmani, B-E-S-I-N, last name O-S-N-A-N-I.

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Okay.

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Address?

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3903 City Avenue, Philadelphia, PA19131.

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Thank you.

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You swear to affirm to tell the truth, the whole truth, for nothing but the truth?

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Yes, I do.

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Thank you.

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Please proceed.

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Thank you.

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I'll be brief.

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Hi, Bessam.

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You heard my presentation to the board today, yes?

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Yes.

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All right.

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And was it true and accurate to the best of your knowledge?

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Yes.

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And would you adopt it as your own testimony if need be?

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Yes.

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Thank you very much.

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I have nothing further.

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Thank you.

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Is there anyone else here in this matter that would like to speak?

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Mr. Andrew Goodman has been allowed to speak, sir.

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Thank you, Mr. Goodman.

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Good morning.

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Good morning.

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You're still on the roll.

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Please identify yourself for the record.

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Andrew Goodman, G-O-O-D-M-A-N, here representing the office of Third District Councilmember

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Jamie Gaudier.

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Thank you.

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Members of the board, we just asked that our office also have the opportunity to give testimony during the resumption hearing in addition to the RCO.

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Yep, will do.

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Thank you.

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Anyone else?

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No further hand at this time, Mr. Bala.

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Thank you. Does the board have any questions?

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No.

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No.

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Planning Commission?

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Thank you, Mr. Chair. Ian Hegarty for the Philadelphia City Planning Commission. The

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comprehensive plan recommends no change to the existing single-family zoning here. However,

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the property does have a documented history as a two-family dwelling, and so the City Planning

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Commission would recommend that the board grant the variance. Thank you. Tanya, do we have a date

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for the resumption hearing? Yes, Chair. We would allow them to resume May 19th at 930

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a.m. Thank you, Tonya. Thank you, Ms. Sunkett. Okay. My pleasure. Thank you. So calendar number

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MI2020-003412, 5210th Arch Street. This hearing will be continued. It will be resumption hearing

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for feedback regarding RCO and council persons position only, okay? It will be continued on

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May 19th at 9.30 a.m.

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Okay.

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Thank you.

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Good luck.

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Okay.

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Calendar number MI2020-003410, 6100 Woodland Avenue.

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Ms. Eileen Quigley has been promoted to panelist, sir.

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Thank you.

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Morning, Ms. Eileen, please identify yourself for the record.

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Good morning, Chairman Plaza, members of the board, Ms. Saleta and Ms. Sunkit, Eileen

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Quigley, Ballard Spar, LLP, 1735 Market Street, 51st Floor, Philadelphia, 19103. Eileen is E-I-L-E-E-N,

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Quigley, Q-U-I-G-L-E-Y. Thank you. Do you swear on firm to tell the truth, the whole truth, for

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nothing but the truth? I do. Do you agree to waive the reading of its refusal and stipulate to its

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accuracy? I do not. Okay. Have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance, copy of the refusal or referral folders and plans

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five days prior to this hearing? Yes, we did, Chairman. Thank you. Have you met with the RCO

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and have a letter? We did meet with the RCO. The coordinating RCO is the 40th Ward Republican RCO,

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and we did receive a copy of that letter that Mr. Melodosian, who's the chair of that RCO,

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a copy of that letter that Mr. Melodosian who's the chair of that RCO sent to the board.

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sent to the board.

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We also, I'm sorry, we did send this morning a letter from Representative McClinton also

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in support of this application and we understand from Councilman Johnson's office that

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he does not typically submit letters unless there's a tie. So we don't have a letter from

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Councilman Johnson. And I am unsure if there's anyone here from his office. I did reach out to

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ask if they would be in attendance, but have not heard back. Okay, thank you. Please proceed.

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Good morning, Chairman Plaza, members of the board. As I said, my name is Eileen Quigley. I'm

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here on behalf of Resources for Human Development, which is the applicant in this matter.

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Ms. Quigley, I'm sorry to interrupt, but just before you start, I wanted to note that

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Franz Pierre from the councilman's office is here. He has his hand raised, so he will be testifying.

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Thank you. Thank you very much, Ms. Saleta, and thank you, Mr. Pierre.

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As I said, we did object to the reading of the refusal. Let me share my screen.

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Can everyone see that? Yes. So these are our exhibits. We have in here our

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certificate of tax clearance, the deed, the letter of authorization from the owner of Woodland Plaza

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to allow our client to apply for this variance and other permits and approvals for this birthing

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center. I'm going to come down to, I apologize. So the refusal was based on this use, which is

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a birthing center, this is used as a hospital. We object to that determination. This is not a

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hospital. We have asked in our application, actually we've defined this birthing center

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as accessory to a women's health center. Here we have photos of the property and the posting.

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The only reason basically that L&I has determined that it was a hospital because

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a patient may be in the birthing center overnight for a short period of time during delivery.

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So as I said, we do not believe that this meets the definition of a hospital. But in the

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alternative, as we state in our appeal, if the board views this as a hospital, then we would

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ask for a variance based on hardship if we are not able to have this birthing center in this

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particular neighborhood. Here's the key plan. This is at 62nd and Woodland Avenue. Here are the

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tenant spaces in which this proposed birthing center will go. The birthing center is accessory

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to the women's health center that we're proposing for this location as well.

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This is an ICMX zoning district. As you can see, the notice of refusal states that it is a hospital

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and we are refuting that. We have with us today Lakeisha Garland, Emily Nichols, and Rebecca

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Bigsby, who will be testifying on behalf of the client RHD for this use. We've sent out our

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letters of notice. So with that, I think I can just turn it over to Ms. Lakeisha Garland. We also

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have uh Lakeisha will be presenting slides with that are related to this proposed use

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so I will stop sharing my screen if that's okay and allow Lakeisha Garland to move forward with

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her presentation but just so the board knows I have the resumes of our three panelists also

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within our exhibits packet.

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Thank you.

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Ms. LaKeisha?

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Ms. LaKeisha Garland has been promoted to panelists, sir.

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Thank you.

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Ms. LaKeisha, can you please identify yourself

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for the record, please?

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yes my name is Lakeisha Garland name spelled L-A-Q-U-E-S-H-A last name G-A-R-L-A-N-D

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thank you your address address is 4700 Wissahickon Avenue suite 118 thank you

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you swore a firm to tell the truth the whole truth and nothing but the truth yes thank you

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