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Hearing video

ZBA Hearing - November 20, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Nov 20, 20244h 24m

They occupy the first floor and some of the second floor,

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they occupy the first floor and some of the second floor but mainly the first floor

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but mainly the first floor.

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across the street is an elementary school and a lot of frankly a lot of the graduates of the

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Across.

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preschool end up attending the school directly across the street

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another perspective one of the questions we got at the meeting was about traffic well

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Ms. Davis typically meets the children and the parents down right at the corner, not in the Eastern State Penitentiary, but outside the Eastern State Penitentiary.

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There's a little playground on the northwest end, and that's where the children usually are dropped off.

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And then Ms. Davis and the other teacher walk across the street down in front of the elementary school up into their second floor of the daycare.

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Some interior photographs of the daycare.

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I really should call it child care. This is the entrance and there's notice of our posters.

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And then we have a floor plan. So I'll start on the right hand side. This is the first floor where

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the Ukrainian League club is located to enter our facility on the second floor, come through the

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side door, walk up the switchback steps and enter. And this is the area of the classroom.

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There's bathrooms, a small area here to congregate, and also a closet.

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The remaining documents are what you would typically see in an application such as this.

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Project information form, our tax clearance.

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When we asked for the tax clearance, it came up as a $500 balance, but this balance is for 2025.

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So that's why we attached this document as well as this document,

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indicating that we've paid for 2024.

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Why it appears as an outstanding debt, I really don't know.

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This indicates also that we're paid up to date as of today

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and as of the end of December.

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Zoning map, I didn't say at the outset, but this property is owned CMX1.

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This is a lease that's in place between my client, which is PlaySchool, Inc.

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You really can't say it, but it's all one word, PlaySchool, Inc.,

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And the Ukrainian Lake of Philadelphia, we also have an addendum to the lease indicating that as of February of this year, it's been renewed for a two-year period.

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Notice letter to the community, we mailed out 224 pieces of mail.

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As I said, the meeting was well attended.

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So I outlined the hours of operation, 9 to 5.

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There's nothing on the weekend. Indicated less than 16 children, the ages between three and five, two teachers.

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There's regular inspections by the Department of Human Services.

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And with that, I would like to conclude my testimony, ask my client to unmute herself, and also just point out to the board again, this is a referral, not a refusal.

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We're not altering the essential character of the neighborhood.

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We're right across the street from elementary school, which is advantageous for parents

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dropping off children either at our daycare or across the street, and the community group

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even mentioned that in their letter of support.

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We are in harmony with the code.

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It's a good use for the neighborhood.

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Just an outstanding turnout at the meeting.

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People are very much in support of Ms. Davis, what she does, and how she goes about her

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business.

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And with that, I'd ask my client, Ms. Davis, can you unmute yourself by hitting the button?

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I know she's on the call.

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Brandy.

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What is the name again?

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Brandy Davis, D-A-B-I-S.

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Hi, can you hear me?

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I can.

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Again, could you please state your name and spell for the court stenographer?

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My name is Brandy Davis, B-R-A-N-D-I-D-A-V-I-S.

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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.

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Please proceed, Mr. Clinton.

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Ms. Davis, were you on the call when I presented your project, your application to the board?

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Yes.

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And one thing I forgot to mention, you do have a BS in child development and family studies from Ohio State?

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Yes.

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And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes.

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Thank you, Ms. Davis.

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Henry, is this an ongoing operation?

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Yes.

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And why were you referred?

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We were referred because it's a CMX1 zoning district and child care centers not permitted only by special.

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only by special how long has this been in existence well it's as a long history uh the

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How long has this been in existence?

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well it's that's a

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child care center has been in existence for over 10 years my client got involved and purchased the

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child care center in 2021 and unbeknownst to the landlord as well as her when she purchased it

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the zoning was never properly in place and so thank you thank you questions from the board

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not questions but comment i've seen you know this is in my neighborhood it's actually

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right across from the uh uh bus stop that i use so um i've seen you know the children there and

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uh you know it's been around for a while uh i didn't know about the zoning issue or anything

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But it is, it has been there for a while.

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And it looks like, you know, I see the children sometimes when they're outside or whatever.

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I think they're being taken someplace.

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They're not just out or whatever.

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And it appears to be a very well run and, you know, integral part of the neighborhood.

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So that's just my comments and my views from what I've seen.

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Thank you.

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Anyone else from the board?

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Comments are from our attorney, Hillary Emerson.

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Just briefly, Mr. Clinton, should, if the board grants, should they include a proviso indicating that this use is limited to the second floor only because the prior use is remaining?

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Correct.

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Okay.

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thank you thank you mr emerson questions or comments from the virtual audience

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um yes chair i have a hand up from conlon crossley i have allowed them to speak

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how could you please state your name and spell for the court stenographer

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uh good afternoon chair conlon c-o-n-l-a-n crosley c-r-o-s-l-e-y you swear or affirm to

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tell the truth the whole truth nothing but the truth yes sir i do please proceed um thank you

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for uh giving me a moment to speak chair um at first i'd like to uh the councilman has a position

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of non-opposition for this okay thank you i'd also like to include uh if i may i'm a near neighbor

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and i'm okay with this as well thank you very much god we appreciate that thank you thank you

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Okay. Is there anyone else in the virtual audience?

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Yes, Mr. Chair. I have a Jamie Sutton. I've allowed them to speak.

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Could you please state your name? It's spelled for the stenographer.

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My name is Jamie Sutton, J-A-I-M-E-S-U-T-T-O-N.

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Where or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Are you a neighbor?

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Yes, I am.

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Please proceed.

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uh so my name is jamie sutton like i mentioned and my son my older son went to uh play school

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and brandy has been such an incredible teacher she has changed our lives the lives of our son

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and our daughter i'm hoping we'll be able to go there in the very near future when she

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becomes the right age to join um i'm also a very close neighbor i'm just one block away

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and I'm also a local business owner in the Fairmount neighborhood and I think having play

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school continue to be a another small business in the neighborhood is vital and she's done such a

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wonderful job I only know everyone who has sent their children to her has loved her and the

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teachers that she also works for and we will continue to utilize her services and her play

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school as long as she is allowed to continue so just wanted to put that out there that everyone

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I know in the surrounding area that has used her services has been very happy with her setup and

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where she's at. Thank you very much for taking the time to calls. Anyone else in a virtual audience?

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Yes, Chair. I have a Feliz Ley. I've allowed them to speak.

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Could you please state your name? It's spelled for the court stenographer.

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Absolutely. My name is Feliz Ley. It's spelled F-I-L-I-Z-L-E-I-G-H.

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

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Yes.

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Are you a neighbor?

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I am. Yes.

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Okay. So are you in favor of this?

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I am.

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Absolutely.

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Thank you very much for being in favor.

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Is there anything you could offer that we haven't already heard?

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I would like to just add that I do have a student who's currently involved in this child care center.

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So I would just like to echo the support of this wonderful school in Fairmount and also just add that it.

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this wonderful school in Fairmount, and also just add that it does fill a void in the community,

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and I'm in support of this wonderful asset to our community, and that's all for me.

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All right. Well, thank you very much for calling. We appreciate you taking the time. Is there anyone else, Jason?

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Yes, George Holden. I've allowed them to speak.

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Jason, how many more hands do you have?

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two more hands okay thank you please please proceed sir sir state your name and spell for

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the court stenographer uh hello my name is george that's spelled g-e-o-r-g-e-o-l-d-e-n

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right do you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes i do or sir are you a neighbor yes i am are you in favor of this project

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Yes, I am.

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Is there anything that you could offer for us that we haven't already heard?

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I would just like to add, I'd like to support the comments from the previous people.

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I would like to add that my son attended this school from the age of three to five,

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and the benefit to him was quite extraordinary.

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And he did then progress to the elementary school across the street and is succeeding there.

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And benefits greatly from the ongoing community that this play school provides.

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It is beyond the classroom, and it is exceptional.

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Thank you very much for taking the time.

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next hand please yes chair i have a kathleen conlin i've allowed them to speak

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why could you please state your name and spell for the court stenographer

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kathleen kathleen kathleen kathleen kathleen he's a mutant way to be sworn in

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could you state your name please yes hello my name is kathleen

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all right state your name is spelled for the course stenographer

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i'm so sorry i think i'm having audio trouble okay all right are you in favor of the project

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i am absolutely in favor of the project thank you thank you so much for calling we appreciate it

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and next hand jason okay last hand is from a jennifer treyer i have allowed them to speak

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hi could you please state your name and spell for the stenographer

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jennifer

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Jason, did we share?

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I missed. They're still there. I will allow them to speak, but they may be having technical difficulties. Hold on a moment.

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Jennifer Trier, are you available to speak?

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They may be having technical difficulties.

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Okay. All right. Good. All right. Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change in zoning at this location from the existing commercial mixed use CMX-1.

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The appellant had demonstrated that the forroads used would not cause detrimental impacts beyond what would reasonably be expected.

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The Planning Commission recommends that the Board grant the proposed special exemption for child care center.

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MI 2024-005-586-800 North 23rd Street. I vote yes. Proviso, use limited to second floor.

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Michael Johns, my vote is yes with Proviso.

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Cheryl Gaston, my vote is yes with Proviso.

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Tynetta Graham, my vote is yes with Proviso.

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Oops, Taya Nguyen, my vote is yes with Proviso.

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Thank you, Mr. Clinton.

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Thank you, Mr. Chairman, members of the board.

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Have a great day, everybody.

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Thank you.

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So number nine, MI 2024-005-634-16 South 51st Street.

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Alan Nocklinson is the attorney.

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There's a letter of support from Walnut Hill Community Association

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and a letter of support from the West Philadelphia Economic Development Council.

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Okay, they will be rejoining

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as a panelist for all of a sudden.

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Thank you.

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Good afternoon, Mr. Nockmson.

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Good afternoon.

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Hi, could you please state your name and spell for the court's sonographer?

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Yes, Alan Nockamson. A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

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Swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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I do.

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Could you identify your client, their relationship to this property?

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Could you identify your client and their relationship to this property?

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Oh, yeah.

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Oh, yeah.

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My client is Hewitt Realty, LLC, the owner of the property.

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And in the virtual audience is its member, Kamara Chumet.

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Do you swear or do you stipulate to the reading of the refusal and agree with its accuracy?

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I do.

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And if all of your paperwork and agenda has been in five days prior,

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Please proceed, sir, and share your screen.

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All right. Oh, wrong one. Get the right one up.

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