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Hearing video

ZBA Hearing - July 29, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jul 29, 20265h 47m

we're about 489.69 feet from the back of Weigert Ave, which is located right around here.

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I'll just get my orientation. Then at 434.73 feet from Umbria Street, 655.11 feet from the

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property line to the southeast, and then also 399.6 feet from the property line to the east.

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As I said, this building is the backup for six ABC News for their broadcasting.

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Under FCC licensing regulations, each broadcasting agency is required to have a backup.

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So in the event that there is a cataclysmic event to one of the main servers, this one automatically kicks on.

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So it is part of the FCC sort of requirements.

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Again, the property itself is located in the RSD 3 residential single family detached zoning district.

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Again, the property itself is located in the RSD3 residential single-family D.

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It also has a few overlay districts, none of which are necessarily applicable to this application.

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We did receive the refusal for two things.

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One, I'm sorry, there is a steep slope protection overlay that is applicable here.

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The refusal was for two things.

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One was for the steep slope protection.

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The other one has to do with the actual use.

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The proposed use is a wireless service facility, which is prohibited in the RSD3 zoning district.

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Again, what we're proposing to do is a demolition and a complete reconstruction of the identical building for the same exact purposes.

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There's no enlargement of the use, but in fact, a reduction since the current building, excuse me, there is no enlargement of the current use, excuse me.

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And then with regards to the steep slope disturbance, if you look at the plan right here, this is the area that we're talking about.

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It's very minimal, and it's about 300 square feet that we're talking about.

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And the reason why we're disturbing this is so that we can get a conduit underneath there.

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It's a trench that we're going to be opening up, putting electrical lines in there, and then filling it back in.

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And again, which is around 300 square feet.

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It's a three-foot wide by three-foot deep.

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Again, we're going to open it up, put the conduit in there, and then we're going to cover it.

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No grade change at all.

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And then these are the two earth disturbance plans that I did submit this morning as a supplement to the board.

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We did go to the zoning, excuse me, we did go to the RCO meeting back in June, where the board, you know, it was a very lively discussion, but the board did end up voting unanimously to support this application.

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With that being said, that's all I have with regards to testimony.

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It's a pretty straightforward application, and I would just like to call on my witness, Mr. Jim Braun, to adopt that testimony.

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sir could you please state your name and spell it for the stenographer get close to the mic if you

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can sir james braun james braun b-r-a-u-n right do you swear or affirm to tell the truth the

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whole truth and nothing but the truth i do counsel mr braun were you present in the room when i made

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this presentation yes and is everything accurate to the best of your knowledge information and belief

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yes and if i was to call you to testify would you adopt that testimony as your own

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yes thank you very much and you're you are the general contractor for this yes and you're

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authorized to speak today correct thank you very much um council we've had several cases back here

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right over the years myself no in general uh not that i've been involved there's been several cases

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if i remember correctly there's multiple uh stations that are back that's right so i know

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that mr braun had one a few years ago where they actually took down one of the um broadcasting

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towers um so you know with all six you know channel six three and twelve yeah that's right

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um questions from the board uh yes so what is inside the building uh transmitting equipment

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they take the signal from fiber optic and convert it to fm signal because up the tower

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and it's uh basically broadcasted for people who don't have cable so there's not like

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employed the employees use the building or it's just straight for that just equipment okay all

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All right. Thank you. Sure. All the questions questions from our attorney.

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No questions at this time from the virtual audience.

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No hands when any commission Jonathan Goins planning commission, the comprehensive plan recommends a zoning map change to icmx industrial commercial mixed use at this location.

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The nonconformance is longstanding and has not caused detrimental impacts.

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the city planning commission recommends the zoning board grant the barracks mi 2025 006

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851 5375 umbria street i vote yes john's my vote is yes tenetta graham my vote is yes

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ryan mcadams my vote is yes i win my vote is yes thank you very much okay thank you

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Number 14, MI 2026-001-497-949-South Third Street.

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Vern Anastasio is the attorney.

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Morning again, Mr. Chair.

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Morning, counsel.

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Just for the record, state your name.

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Vern Anastasio, A-N-A-S-T-A-S-I-O. On behalf of Mr. Yong Shui.

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MARY JO GIOVACCHINI- Okay. Our Vice Chair has a few questions.

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MARY JO GIOVACCHINI- Good morning. Have you submitted your documents and exhibits

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five days in advance of this hearing?

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Vern Anastasio, Yes.

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MARY JO GIOVACCHINI- And do you waive the reading of the refusal and stipulate to its accuracy?

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Vern Anastasio, I do.

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MARY JO GIOVACCHINI- All right. Thank you. You can share your screen and proceed with the case.

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Thank you.

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Okay, members of the board, this 949 South 3rd street is a corner property in Queen village and it was for a very long time, a corner bar, very actually well known corner bar that ultimately was converted that 1st floor into a a an apartment and the upstairs unit has always been an apartment.

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itself let's get to um excuse me

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okay these are the plans you'll see an unfinished left to right you'll see an unfinished basement

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you'll see a first floor here's the entrance it's catty corner because of the

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commercial you know former commercial space that's where they had the entrance it opens up

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into a living room kitchen dining area a full bath and a bedroom my client currently lives

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in that unit and then the second floor is a second unit the living room dining room kitchen

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with the existing third floor being a bedroom

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and a little home office.

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This unit is currently occupied.

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The conversion was done long before my client purchased the property

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and the basement is all mechanicals.

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Here's some photos.

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and if legalized my client would be willing to do some facade work on the property

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We met with the queen village neighbors association. There is a letter of full support in.

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That was submitted to the zoning board and I'm also on notice from councilman's office that a letter of non opposition was sent over as well.

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I move those two things and the incomplete 82 page binder that I have here today into evidence

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and with that I'd like to call my client Mr. Yong Shui.

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Yong Shui will be rejoining us in a minute. Thank you. You're welcome.

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yes i am here good morning good morning sir could you please state your name and spell it for the

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stenographer yeah my name is young last name is shui y-o-n-t s-h-u-a-i do you swear or firm to tell

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truth the whole truth nothing but the truth yes if possible could you turn your video on

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oh i'm sorry i forgot that yeah that's fine counsel thank you mr schweid did you hear my

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presentation to the board this morning yes true and accurate to the best of your knowledge yes

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and do you adopt it as your own testimony yes thank you i have nothing further so counsel

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So first floor is a unit, and the second and third floor is the second unit?

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That's correct.

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All right.

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Questions from the board?

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Modest trash storage for both units, where's the trash storage?

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Interior trash storage was the request of the RCO, and that's what we plan to do.

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in terms of you said of approved your client would be uh wanting to do some facade improvements

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with what they'd be doing are they gonna well as you can see one of the photos there's just

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a blank wall that it was a it was a large window that was covered up with some siding

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and uh a window air condition was installed uh he would consider putting in you know upgrading

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either putting in some additional windows, something larger to bring in some light.

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Consider the writing reconsider the signing.

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Most certainly it's in queen village. So now that anything that would happen, anything that would be done would have to be at least reviewed by the historical commission.

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Questions for our attorney.

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No questions at this time, Mr chairman questions or comments from diverse audience.

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no hands chair planning commission Jonathan Goins planning commission

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okay sorry in 2017 the zoning map was amended to RSA 5 residential single family at this location

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in accord with recommendations from the comprehensive plan the proposed use is

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consistent with documented prior use of the property city planning commission recommends

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the zoning board grant the variance for two units. MI 2026-001-497-949 South 3rd Street,

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I vote yes with proviso. Certificate of occupancy to be obtained. Michael Johns, my vote is yes. Hold

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on, an interior trash. Right. Michael Johns, my vote is yes with provisos. Danetta Graham, my vote

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is yes with proviso. Ryan McAdams, my vote is yes with proviso. Hyowin, my vote is yes with proviso.

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Thank you.

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Thank you, counsel.

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Yeah.

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Number seven, MI 2026-000722-5036 Ogden Street. Alan Nockamson is the attorney.

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you made your entrance right on time there i mean i'm just uh it's at 12 o'clock all right let me

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just make sure i have the materials up uh good morning mr chair could you please state your name

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and spell for the stenographer alan knockamson um well everyone knows how to spell his allen a-l-a-n

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last name knockamson n-o-c-h-u-m-s-o-n do you swear referring to tell the truth told

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truth nothing but the truth i do our vice chair has a few questions for you sir

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good morning um have you submitted your documents and exhibit five days in advance of this hearing

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yes we have okay and this is a referral so did you waive the reading of the referral and stipulate

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to its accuracy i do okay all right thank you you can share your screen and proceed with the case

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just pull up

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Do you want to say anything about the notes that we have here before you start?

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No.

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Yes, I can do that.

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We have a quick question.

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are you asking for three adults to be living at the facility i mean at the at the property we

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didn't put the amount of adults here i think we would agree to a maximum of four so if the board

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feels so inclined to put a number amount we would ask for a maximum of four there's three bedrooms

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in there so we want the flexibility to have one bedroom due to economic factors to be potentially

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shared but we don't anticipate that all bedrooms would be shared but we would ask for a maximum of

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four occupants living there as part of the facility the personal care home the reason why

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we had a question was in the lease that's attached between the owner and his son who's the tenant

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it indicates that it's um the lease is for small residential living arrangements for up to three

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adults with supportive services hence why the question yeah so i do believe um well donald's

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the owner uh hamilton and donnell is his son so i believe both of them are either they're in the

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bird here back behind me but i think they'll probably be in the virtual audience but um i

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do believe and we'll have donnell speak to that that was a discussion point we would ask for

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for maximum of poor so I I am ready thank you for your indulgence as board member Graham stated this is not a variance this is a referral so you know the standard is is is much lower you know in that we the standard is we just have to prove that the use

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that we the standard is we just have to prove that the use that we're proposing is no worse

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that we're proposing is no worse than what you would tip

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than what you would typically expect of a personal care home and you'll see from uh the presentation

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uh that uh you know my client donnell hamilton is is is well equipped to handle this so during

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our presentation we will be reviewing uh the 10 exhibits and again i have donald the owner

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Hamilton, as well as Donnell, his son, who's going to be the operator.

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So the first thing is, again, this is a referral.

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This is an RSA-5 property.

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We're looking to put a group living personal care home here.

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And again, if the board feels so inclined to limit the amount of occupants living there,

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we would ask that it would be a maximum of four.

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We have, again, not typical when you have a personal care home, especially in these

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situations, but we have full support, overwhelming support for board members.

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as well as eight people who attended the meeting as well.

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So that's unanimous support there.

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And then we explained the situation.

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This is a block that is uninhabited

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from a building structure standpoint

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and a lot of vacant lots.

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My client, what he's looking to do

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is have autistic kids here

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who are capable of living on their own,

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but with assistance.

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And there's a lot, I know I always say,

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you know i try to put myself in the situation but next door we have a neighbor who is you know

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autistic and he you know he works and he's functional but he lives with his parents because

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it's you know it's not easy for you know some people to like live on their own and those are

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the people that he's going to have similarly someone who doesn't have that that support with

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their parents but who needs that extra help and and you know donnell will have you know uh employees

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there 24 7 so we'll have three shifts of eight hours each there so again we're mid-block on

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ogden street you can see where we are in the neighborhood we're in the 44th democratic ward

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photographs of the property my client started doing looks like some work there exterior work

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obviously he's going to do everything with permits and approvals which include hopefully the zoning

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permit as well. This is proof of posting for today's hearing. This is Ogden Street to the

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right of the property and to the left of the property. And then these are interior photos.

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So again, Donald has owned this property as a rental property for some time, had issues with

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some occupants. You can see the people who lived there left a lot of stuff there. And Donnell

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wants to, he's a registered nurse. He wants to start this business. He's very well qualified.

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um and he wants to use this property as its its hub for his first personal care home

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so if i just want to give you an idea of what you know the inside look like

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and the outside

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and so there's no basement living here the only thing that's down there i went to the board to

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see that is a bathroom there's no intention to put any bedrooms down there and such i just want

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to give you every angle that you can see here. This is an uninhabited property that's been

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abandoned by former tenants. And then just in terms of floor plan, you come into the

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porch area. There is an opening here. You would have a living room, dining room, kitchen,

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outdoor area. Go to a lower level. This is where the bathroom is. Again, this is not

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to scale. We just want to do for illustrative purposes only. The hot water heater is down

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there if you go up instead of the first four you go up a flight of steps there are three bedrooms

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and then one bathroom so it's a three bedroom one and a half bath and you can see every room

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bedroom has windows which was i know is very important to the board but these are pre-existing

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conditions we met with the community on july 6th at 5 p.m it was a well-attended meeting we had 12

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people there four board members and and eight community members all in support proof of mailing

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Our application for a special exception, our deed to the property showing that Donald Hamilton is the owner of the property and has been since 2017, and our Certificate of Tax Clearance.

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Again, I would have, I guess, Donald verify some of the property characteristics, but now have Donnell testify as to his business.

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sorry mr donald hamilton donald

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