civus
Hearing video

ZBA Hearing - August 4, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 4, 20215h 51m

providing the required benefits. We therefore argue no hardship exists. The variance is not

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the minimum variance necessary for any of these cases and instead we would characterize this as

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a request to circumvent the established process deprive the housing trust fund of contributions

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and have no mechanism for enforcing long-term affordability of these units city planning

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commission recommends that the board deny the variances in each of these cases

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thank you um i'm going to take these one at a time because haverford avenue has a proviso right

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so it'll be number five first mi 2021 that's zero zero one seven two two three eight two four

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haverford avenue my vote is yes professor plaza my vote is yes thomas holloman my vote is no

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john munlock my vote is no you mi 2021-001-724-3847 haverford avenue my vote is yes

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with the proviso maximum six units

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confessor plaza my vote is yes with proviso thomas holliman my vote is yes with proviso

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John Munlock, my vote is no.

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I-2021, that's 001723, 3818 Haverford Avenue, my vote is yes.

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Professor Plaza, my vote is yes.

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Thomas Holliman, my vote is no.

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John Munlock, my vote is no.

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Number eight on our list, MI 2021, that's 001-965-5323 Germantown Avenue.

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Chair, this is Sharon.

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Just to be clear, we now have no decision in number five or number seven.

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We have to have another board member read the notes of transcript appearing to break the tie.

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There is a decision on number six.

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Thank you for pointing that out. Thank you.

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Thank you.

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MI 2021-001965, 5323 Germantown Avenue.

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There is a letter of support from the Faith Community Development Corporation with a proviso.

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Eileen Quigley.

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Yes. Good afternoon, Chairman DiCicco, members of the board.

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Please spell your full name for the record, and I'll swear you in.

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Eileen, E-I-L-E-E-N, Quigley, Q-U-I-G-L-E-Y.

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Quigley, Q-U-I-G-L-E-Y.

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We're from the television.

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

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I do.

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Thank you.

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Proceed.

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Can we agree to wait to read in of its refusal and stipulate to its accuracy?

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I do.

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And have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal, or referral, photos, and plans five days prior

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to this hearing?

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Yes, I have.

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And have you met with the RCO and have a letter?

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we have met with the rco i the rco sent an email of support to miss sunkett and we were copied on

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that email so i thank you i'm presuming that you have that in the records yes this is sharon can i

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add that the only proviso was a request that the applicant makes it's not enforceable now

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not enforceable right i understood but just just for um for the board's uh information and just so

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i can put it on the record for the rco because it was discussed at the rco meeting uh they have

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asked uh germantown friends i'm here on behalf of germantown friend school and they did ask at the

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meeting if germantown friend school would meet with a few abutting property owners with regard to

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repair of an existing retaining wall. And it is my understanding that meeting will be taking

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place tomorrow. So we have met that request by the RCO. So again, my name is Eileen Quigley on

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behalf of Germantown Friends School, addresses 1735 Market Street, Philadelphia 19103. We are

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here today with regard to a variance request for 5317 to 23 Germantown Avenue. This property is

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owned by Germantown Friends School. If I may share my screen. These are our exhibits. We have a deed.

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We have the tax clearance certificate. I do have to say that the Office of Property Assessment

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records were not updated and they still show the old owner, but we do have a tax claim certificate

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for Germantown Friends as a tenant for this property. If you need anything further, please

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let me know. We have photographs of the posting and the property at Exhibits 3 and 4. And as I

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said, we're here for a variance because we are seeking to use the property for educational

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facilities. The application was for administrative and professional offices, which is permitted by

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right and these offices would be accessory to the educational facility use the property lies

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in the cmx 2.5 zoning district so educational facilities are prohibited in this district

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just quickly excuse the interruption i i have to step out for a few minutes confess your

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please take over on my behalf thank you you've got it thank you chairman please proceed

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so as i said we have our um preliminary exhibits i'd like to go to the zoning plan

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and ask if um mr jamie unkafer can be can join in

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so i have a few questions for him with regard to the use of the property and a few questions

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about the project. Is that your client? So Jamie Onkelford is the design professional

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from Diggsout. We also have three other representatives from Germantown Friends School,

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Mr. Nick Dobrowowski and Dana Weeks and Mr. Keno Terrell. Okay. Can you raise their hands,

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see if they're available? I'm available. Can you hear me? Sir, please identify yourself for

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of records? Sure. My name is James Unkafer, that's J-A-M-E-S, Unkafer, U-N-K-E-F-E-R.

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

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I do. Thank you. Please proceed.

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Thank you, Jamie. Can you please just state your position, how long you've been with DIGSAW?

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My position is a partner. I've been with DIGSAW for 12 years since its founding.

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and can you just describe briefly your educational background uh i'm a registered architect with a

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master's in architecture okay i'm going to slowly but surely get to the zoning plan can you just

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briefly describe for the board what's happening here as i said this is just a use variance

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to use the property for a educational facility but i just have a couple questions for mr uncle

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The work is pretty limited. The physical work is pretty limited. It includes modifications to an existing parking area in the rear of the building. There's currently 17 parking spaces.

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The work is pretty limited. The physical work is pretty limited. It includes

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We're proposing to slightly reconfigure things, clean things up a bit, and add three spaces.

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There's an existing concrete slab in the rear of the building, an abandoned slab, which would be removed and replanted and additional plantings at the perimeter are proposed.

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Okay, and there are no changes to the existing building, no change in height, area?

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No changes to the building exterior at all are proposed.

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minimal interior renovations, including finish improvements and select removal of

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non-bearing partitions. Thank you. And the proposed improvements will not affect the

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surrounding streets or neighbors? No, no effect at all. Mr. Unkafer, I do have your resume at

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Exhibit 12, is that correct? Yes. And I'd like to ask the board to recognize Mr. Unkafer as an expert in design.

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Okay. And then if I may just ask a few more questions. Mr. Unkafer, in your opinion,

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will the grant of the variance represent the minimum variance and the least modification

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that will afford relief to allow the proposed use of the property for an educational facility

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and classrooms? Yes. And in your opinion, will the grant of the variance substantially or

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permanently impair the appropriate use or development of adjacent properties? No.

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And in your opinion, will the grant of the variance alter the essential character of the

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neighborhood? No. And finally, in your opinion, can the request for a variance to use this property

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for classrooms and educational facility be cured by a dimensional variance? No, it can't.

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Thank you, Mr. Ankerford. I'd like to call Mr. Nick Dvorowski, if I could, please.

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Go right ahead.

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Thank you. Nick, can you raise your hand so they can know?

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Okay.

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Good afternoon.

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Good afternoon, sir. Can you please identify yourself for the record, spell your first and last name?

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Yes, my name is Nick Dubrowalski. It's N-I-C-K-D-O-B-R-O-W-O-L-S-K-I.

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

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I do.

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Thank you. Please proceed.

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Thank you, Nick. Can you tell the board what your position is at Germantown Friends School and how long you've been there?

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I'm the director of buildings and grounds here. I've been here for 40 years.

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thank you and can you just briefly describe some of your duties and responsibilities

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my responsibilities is maintaining all the buildings and grounds here

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including minor and major renovations thank you and um you heard uh jamie talk about the

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the project and uh as we know we have the the plan up i just want to confirm with you that

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the parking area is an existing parking area and it's accessed through the existing driveway off

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of Germantown Avenue, correct? That is correct. And these parking spaces will be used by the

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existing Germantown Friends employees, correct? Correct. And do you know how many employees will

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be working at that building? Eight to ten. Okay, thank you. And can you explain briefly the trash

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plan? The trash plan is basically we would be picking up recycling and trash and putting

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it into the existing containers that we have on the opposite side of Germantown Avenue.

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Okay and explain a security and lighting plan? We're in the process of upgrading the lighting

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to LED. The security plan we contract with an outside security company and they are here

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24-7. We also installed cameras around the primitive building and installed emergency call boxes.

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Okay, and in your opinion, with your very long time with Germantown friends and your familiarity with the neighborhood, in your opinion, will the granted variance alter the essential character of the neighborhood?

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No, it will not.

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And in your opinion, will denial of the variance cause an unnecessary hardship?

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Yes, it will.

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And in your opinion, will the use of the property for classrooms be detrimental to the public health, safety, or welfare?

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No.

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Thank you very much. I appreciate it. I'd like to call our next witness.

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Thank you very much. I appreciate it. I'd like to call our next witness, and I think I will be able to call Mr. Kino Terrell. We have Ms. Dana Weeks, but I don't know if Ms. Weeks is on yet.

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Okay.

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Mr. Terrell, you may unmute yourself. Please wait for the chat.

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Good afternoon, everyone.

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Good afternoon.

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Can you please identify yourselves by your first and last name, please?

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Yes, it's Keno, K-E-I-N-L, Terrell, T-E-R-R-E-L-L.

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Thank you.

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You swear to affirm that it's all the truth, the whole truth, and nothing but the truth?

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Yes.

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Thank you.

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Please proceed.

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Thank you, Mr. Terrell.

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Can you state your position and how long you've been with Germantown Friends?

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My position is director of middle school, and this is my second year at Germantown Friends

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School.

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And can you describe briefly your educational background?

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Yes, I hold a master's in education from the University of Pennsylvania, and I'm a current doctoral candidate at Temple University.

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And can you describe briefly some of your duties and responsibilities at Germantown Friends?

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Yes, I am. As director of middle school, I am responsible for the academic and social experiences of our sixth through eighth graders.

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Okay, and we have submitted your resume, Mr. Terrell, and it is at tab 16. I would like to offer Mr. Terrell as an expert witness in education and educational management.

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Okay, thank you.

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You're welcome. Mr. Terrell, can you explain for the board what classroom, what class will be utilizing the property at 5317 and 23 Germantown Avenue?

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Yes. Although middle school is 6th through 8th grade, only the 6th grade class will utilize this facility.

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And will the students and faculty be self-contained in this building?

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Yes.

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And why do you need this additional space for the classrooms and the students?

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Well, the middle school is unique in that the 7th and 8th graders have an opportunity to be fully vaccinated, and our 6th graders have not yet reached the age of 12.

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Thus, in order to keep them as safe as possible and to assure that we can have in-person education for the year, it's necessary for us to move the 6th grade to a different facility.

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Thank you. Will there be any change in the student drop-off or pick-up?

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No.

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Okay, so they'll all be dropped off where they usually are not at this new property?

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That is correct.

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Okay, in your opinion, will use of the property for classrooms and educational facility alter the essential character of the neighborhood?

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No.

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In your opinion, will use of the property for the educational facility be detrimental to the public health, safety, or general welfare?

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No.

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And in your opinion, will denial the variants cause unnecessary hardship?

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Yes.

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Thank you.

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I'd like to call finally Ms. Dana Weeks.

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Ms. Weeks, please unmute yourself and please wait for the...

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chair plaza she's ready to be sworn in ma'am can you please identify yourself for the records by

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your first and last name

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Dana Weeks, are you there?

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I believe we might have to move on.

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She's unmuted and available.

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Counsel, anyone else you have?

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Then I would just like to bring back Mr. Terrell for one minute just so he can, just to ask a follow-up question then.

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Okay, Mr. Terrell?

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Yes, I'm here.

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Mr. Terrell, you talked about the social distancing as far as needing this space for the class.

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We've attached the City of Philadelphia guidelines with regard to restrictions for schools due to COVID.

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Can you tell the board if those are the guidelines that Germantown Friends School follows?

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Yes, those are the current guidelines that the school follows.

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Yes, those are the current guidelines that the school follows.

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And once again, we were not able to have all of the students in person for in-person education last year because we were limited based on those guidelines of social distancing.

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The facility at 5317 would allow us to have in-person education for all of the students in 6th through 8th grade for the year under the current guidance.

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And we have attached those guidelines at tab number 14 for the board's convenience.

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Thank you.

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Mr. Terrell, Ben, in your opinion, is use of the property at 5317 and 23 Germantown Avenue essential to the operation of Germantown Friends School?

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Yes, it's absolutely essential to our ability to provide in-person education for all students, grades 6 through 8.

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Thank you.

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Thank you. Does the board have any questions?

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Yes, Mr. Chairman. Do council have any interior pictures?

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No, we have a floor plan. We haven't made any changes yet to accommodate the classrooms because we need the variance before we can get a building permit to make those changes.

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but that's the proposed floor plan the property was used as a was used for administrative offices

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for a private health care provider prior to germantown friend school taking over

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and as mr uncle for said there are going to be some minor alterations inside to create the larger

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spaces for the classrooms and i can have mr uncle for come back on and explain that

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