civus
Hearing audio

ZBA Hearing - March 4, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Mar 4, 20268h 6m

we have uh excerpts from the lease agreement so this lease was signed in september of 2024

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the location was previously a pool hall as well um zafara rakulov who's my client and a

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representative of the tenant here thought that it would be good to not only bring pool but also

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this smoking lounge experience to this location. It's quite a big location. It's 3,600 square feet

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To this location, it's quite a big location. It's 3,600 square feet or a little over. So.

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or a little over.

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Just so you can get a sense of what the layout looks like here. So you'll walk in here. You have the pool tables.

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You have kind of like a countertop bar food area little employee lounge closet bathrooms off to the side there, and then a seating area that I believe is set up and allowed for about 44 seats in the in the entirety of the space.

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So at the at the countertop as well as in the seating area.

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And then these are some plans that we put in, and the main thing I just want to show you from this plan is that this building has a ventilation system that specifically set up a diffuser run out so it can handle this kind of this use, this smoke.

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it's not going to be impacting any nearby um properties who are all commercial and we'll get

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to also the nearby it's interesting to say neighbors because there aren't that many

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individual residential neighbors in the area uh it's mostly just commercial units that are that

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are around but i'll i'll get to that issue when 128 people signed it all right so i'll get to

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okay explanation of the petition because you know as as we usually do we we asked um well let's

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let's get there and then we can discuss it all right so here is the zoning map of the property

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and we'll get to it a little bit later but if you notice this is um this is woodhaven road this

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primary where my cursor is moving right now. And while these two parcels are listed as RSA 4,

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they're not actually residential properties in any kind of way. They're also commercial

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properties actually owned by the same ownership group that owns this property. I believe I'll

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have them testify as to what they are. But the residences, the homes begin behind them. So

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our property is not in any way adjacent to any residences. And you can see that a little more

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clearly here. So here is our client's property, Prestige Lounge. It is just one of the units in

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this 4501 Woodhaven. Woodhaven, as you're aware, is a major thoroughway, so a pretty big road that

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It separates this parcel not only from this the RSA for that we looked at across the street,

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but even furthermore from the residences that are right here on on whiting.

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So these buildings right here that I'm kind of highlighting.

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Those are commercial uses, so we have quite a distance between ourselves and any of the

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residential uses I guess I don't really need to see all you guys now a little

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bit about the business itself so you know as I was describing this isn't like

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willy-nilly put together location a lot of time effort and money was put into

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this location. You can see that the decor is above none. This is a little, I don't think I

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need to testify about this or get into this in the record, but a little bit about the art and

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culture of hookah. It's a very old tradition. It originated in the Middle East. And again,

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I think that goes to why it's so popular and prevalent amongst certain, I would say a lot of

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immigrant communities and is certainly gaining popularity all over the country.

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So the location features six professional pool tables.

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They were brand new.

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They're beautiful pool tables.

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And then a seating area that has up to eight guests at each table so people can really

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recreate.

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That's what the assembly and entertainment classification is intended to be used for.

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People can go there, have some food, sit around, smoke some hookah, play some billiards.

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It's really a boon to the neighborhood to have this additional type of recreational activity and location so close.

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And I don't think I need to speak much about this, but here are some pictures of the interior of the location.

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These are not renderings. They may look like it, but these are actual live shots of the location.

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I'll ask the board. We we put together a, um, like a video walkthrough of the location. I don't want to overuse my time. I think you've showed us. Okay. It's it's on there. So if the board would like to see it or look at it, you know, upon consideration, I I encourage you to do so and perhaps even visit visit the location. If you see fit to grant this.

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That's right. Not crazy over to smoking, but that's me.

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Well, you'll just play pool chair.

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Not real good at that either. Keep going.

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All right. I got nothing there.

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Wanted to just present that, you know, this location already has a good reputation in the community.

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So a bunch of five-star reviews, you can see that people really enjoy not only their time there,

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but the this particular location and the thought and effort and money and time that went into

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building it out so you can you know i again i won't go through those i did put together an

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illustrative map of um hookah locations in the area so there are certainly some they're not

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you know incredibly prevalent everywhere which i think is good you don't need to

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have this kind of entertainment space you know every block or every in every neighborhood but

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there's certainly some precedent of these kinds of uses in and around the area

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all right as as for the RCO meeting so we had two RCO meetings in fact and this gets to the

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chair's point about our our petition so as you're aware what we usually advise our clients to do is

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go around to residential neighbors and get a petition of support signed if they're able to.

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This particular location, because of its size, its commercial nature, the formal RCO notice list was only about 27 addresses.

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And they were mostly all commercial addresses that are within the 2,500, excuse me, 250 feet from the location.

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So Mr. Akulov went well beyond that and tried to go to the residences as they would be the ones theoretically most impacted by some kind of non-conforming use.

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So that's why we had the original petition that has, you know, 53 signatures.

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When we went to the first RCO meeting, which was, excuse me, September of 2025, and had a conversation with the community, what they wanted to see is customer feedback and that customers of this location would be supporting the use as well.

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So that's why there's a second petition of support, not with listed residential or commercial addresses, but just stating customers.

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So here is the notice letter for the second meeting, which was held in October.

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And then thereafter, my client had this filled out by customers who frequented the location.

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And to be honest with you, I hadn't until now realized how many it was.

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As the chair alluded to, we do have a petition of support from the Millbrook Civic Association after the second meeting.

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our application for appeal our project information form we have all your paperwork okay

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all right and the rest is just the uh required documents our zoning poster for today's meeting

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and then last but not least our certificate okay our tax clearance certificate at this time if I

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may bring Mr. Akrakulov to uh be sworn in and adopt my testimony please

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could you please state your name and spell for the stenographer try to get close to the mic too

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if you would the mic yeah yeah my name is zafar z-a-f-a-r a-h-r-o-r right k-u-l-o-v do you swear

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or affirm to tell the truth the whole truth nothing but the truth counsel uh good afternoon

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Zafar Zafar you've obviously heard my testimony here today before the board yes and would you

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adopt it as your own yes and it's true and correct to the best of your knowledge yes

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um nothing further if it if the board likes I have a representative of the ownership entity as well

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but I don't think that's no we're fine we're fine all right questions from the board

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I have a question about the restaurant capacity so now that we're adding in the hookah lounge

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how are you handling exhaust between the two like I saw that there was you're handling exhaust for

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customers but how are we making sure that like tobacco smoke isn't contaminating the kitchen

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contaminating the kitchen so the kitchen is not like a food prep kitchen most the food is being

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so the kitchen is not like a food prep

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prepared off-site and and brought in this is like like snack eating yeah snacks and sandwiches and

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things of that nature all the questions and then wait where is the where is it exhausting through

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the roof or through the rear that's a technical question that i'm going to have to see if i can

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get the the landlord's representative to answer it do you want to yeah do you want to come to this

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morning can you just tell him all right i'm sorry i'm back kenneth allman last name a-l-m-a-n

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why don't you do that one more time so kenneth and my last name is allman a-l-m-a-n do you

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swear or affirm to tell the truth the whole truth nothing but the truth uh yes please proceed sir

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can you give the board an idea of where the the ventilation comes out on the building is it on the

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roof is it towards the rear yeah so it the ventilation was installed it goes up towards

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the roof okay and it was there smoking on the site previously under the previous renter no so

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the previous renter just did billiards and he may have done some hookah but he didn't have full

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licensing so this is why we started the process with it so far okay and then you installed the

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system the hvac system our our mechanical uh vendor yeah okay other questions

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questions from our attorney not at this time mr chair questions or comments from the virtual

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audience yes alice udavik will be promoted okay yeah i didn't see him in there

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why alice

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i'm sorry good afternoon chairman members of the force could you please uh just state your name

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as bell for this stenographer sure alice a-l-i-c-e udovich u-d-o-v-i-c-h on behalf of

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councilman brian o'neill do you swear or affirm to tell the truth the whole truth and nothing

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but the truth i do please proceed the councilman has no objection to the granting of the variance

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due to this having the support of the millbrook community and surrounding neighbors all right

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thank you very much for taking the time to call us is there anyone else in the virtual audience

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no commission amy boy with the planning commission the comprehensive plan recommends

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a change in zoning at this location from the existing ca1 commercial auto oriented to ca2

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the proposed assembly and entertainment would be allowed under the proposed zoning

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the proposed smoke shop would have minimal impact on nearby properties and there are no adjacent

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residences the planning commission recommends the board grant their requested variances for

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assembly and entertainment and smoke shop mi 2025 003 624 4501 woodhaven road number 1b

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i vote yes for a temporary variance that will expire 3530

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michael johns my vote is yes with proviso

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sorry cheryl guest and my vote is yes with proviso

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Tenetta Graham, my vote is yes with Proviso. Ryan McAdams, my vote is yes with Proviso.

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Iowan, my vote is yes with Proviso. Thank you, Members. Thank you. Thank you for coming in.

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Thank you. Number four, MI-2025-004-233, 5900-202, North 13th Street. Darlene Treat is the attorney.

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There's a letter of opposition from the Concerned Community Association, RCO. However, granted

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And the RCO request to filing provisos, numerous provisos.

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Darlene Threat is coming in as panelists.

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All right.

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Thank you very much.

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Good afternoon, Commissioner.

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It's Charlene Threat on behalf of the applicant.

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Adiola E. Lenny.

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Okay.

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And I've already sworn you today.

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Could you please just state your name for the record?

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Darlene Threat.

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Right.

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and our uh vice chair has a few questions good afternoon have you submitted your documents and

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exhibits five days in advance of this hearing yes i have and do you wave the reading of your

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shoes on stipulate to its accuracy yes i do all right thank you you can share your screen and

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proceed with the case okay can you see my screen we can

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Okay. Can you see my screen?

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We can.

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Okay, Commissioners, I'm representing Adiola E. Leamy.

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Ms. E. Leamy applied to the CBA to have

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5900 to 5902 for her to operate it as a child care center.

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Currently, Ms. E. Leamy,

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and I'll show you a picture later,

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operates a child care much smaller center on

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the adjacent street, which is Negro Avenue, and she has a playground adjacent to that

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facility. She rented the house next door and is here today to see whether or not we can

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get ZONE to expand her daycare. Now, I've entered a package of evidence up to the portal,

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which contains the syllabus, refusal, lease, tax information, property information, buyer

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certification, the curriculum for the daycare, daycare employee credentials, a bunch of pictures

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which I've added to the exhibit, plans, community letter of opposition, as well as a proof of

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mailing. Commissioners, Ms. Elame applied to the GBA to use this property as a child care center.

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We were refused because it is a RFA3, which doesn't allow for a child care center.

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They filed an appeal and they have a lease with the landlord of the building to run this daycare, this property.

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I would like to say they really didn't get any advice before they entered into this lease.

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and they've actually been paying rent at this facility without using it uh 1850 a month for

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about a year now uh here is uh some just general uh property information about the um property

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here is the uh fighter fire uh certify excuse me the fire excuse me here we go

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uh license and inspections of fire certification for this facility

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i put in here the educational curriculum uh again she does have a daycare around the corner and uh

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she's been operating it for about five to six years and i just wanted to show you that she

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prints a curriculum every single week and it's distributed to the parents and i just put a few

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curriculums in here so you can see what they do at this facility it really is educational based

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there are no televisions in this facility and basically it's really dedicated towards

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are teaching these individuals on the students there now her facility and her employees have

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many many credentials currently they are a two star and i was just informed by the client which

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she'll testify to that they got the third that they've gotten their third star currently they

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have five four to five employees operating in the side daycare but when the new daycare if approved

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opens up they'll have seven employees all of their employees are very well

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credentials they've all completed professional development courses and I'm

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just going to just show you very quickly all of the professional development

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certificate courses that many well almost all of her employees have his

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certificate and infant toddler care toddler care another certificate for the

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other employee and infant toddler care safety another certificate awarded to an

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employee for professional development and training

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Another certificate for the Employee for Professional Development and Training.

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Another certificate here for American Red Cross certification.

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Here is the actual owner and proprietor certification.

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We've certified as a CBA and certified with director credentials from Lackawanna College.

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And here is a side picture of the facility and the posting. Later on, I'm going to address the community letter, but I would like the board to note at this time, I've been out to this property at least three times since January at no time.

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i've been out to this property at least three times since january at no time was the fence

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damaged or broken this is just a picture of the side posting i'll show you a picture of the front

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posting later this is a just picture of the intersection this uh property is at the corner

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of a large intersection this is directly across the street i just wanted to show you how big and

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why this street was and it is a one-way street i believe going south

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here's a better picture of the full facility this is the current daycare in the back here

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this is the playground area that the daycare uses and this is the house that was purchased

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by the landlord that actually owns this facility here offering it to miss

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Adiola to expand her daycare to facilitate toddlers from three to six

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years old this is a duplicate picture this is the intersection looking down

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13th street i'd like you to note also fence not broken that's a better picture of the

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entire playground area you can see it's a pretty big area with a

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society picture that's the full picture of the playground a nice playground area and i'd like

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to mention I'll show you at a different time the trash is stored away from this

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area and bends in the back of the building this is the trash storage area

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in the back here not near the on the playground so now I'm going to take you

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through the property to show you how it's set up i started out in the basement this is a bathroom

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i'm in the basement that's an exit straight out of the basement area and this is a long shot of

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