civus
Hearing video

ZBA Hearing - January 29, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 29, 20256h 11m

the city planning commission recommends the board grant a proposed use variance for adult

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to care. Thank you. MI 2024-005-963-5430-44 Pascal Avenue. I vote yes with proviso. Hours

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of operation 8A to 5B. For Johnson, my vote is yes with proviso. Cheryl Gaston, my vote is yes

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with proviso. Tanetta Graham, my vote is yes with proviso. Taya Nguyen, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso. Thank you. You have your votes, ma'am.

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Thank you.

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You have your votes, ma'am.

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Is there anyone in the virtual world?

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Is there anyone in the virtual audience whose case has not been called?

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13?

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Mr. Chair, I have a hand up from Mr. Jermaine Harris.

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Yes, we do not call the matter.

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Okay.

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Number 13, MI2024-002-293-6701-6201-North 15th Street.

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Jermaine Harris is the attorney.

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We were joining as a panelist, Mr. Chair.

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Good morning.

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Good morning.

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I didn't want you to think we missed you.

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I didn't think you did.

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All right.

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Could you please state your name and spell for the stenographer?

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Oh, yeah, sure.

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It's Jermaine Harris that's spelled as J-E-R-M-A-I-N-E, Harris, H-A-R-R-I-S.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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And could you identify your client in relationship to the property?

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so uh roshian basely uh who is leesor of the particular property and i'm the attorney for

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uh miss basely the applicant okay our vice chair has a few questions sure good afternoon counsel

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do you agree to weigh the reading of the refusal or stipulate towards accuracy i do and i stipulate

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Have you emailed in all the required documents and exhibits as needed to proceed with this case five days in advance of this hearing?

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I have.

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Thank you. And we have received the non-opposition letter from Oak Lane and Worcester Community Coalition, RCL. Please proceed and share the screen.

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Sure.

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okay get up excuse me hold on sorry i'm trying to get my zippets up

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just bear with me hold on okay

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okay sorry for the delay all right so this is concerning the property at 6201 north 15th street

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uh and what my client is seeking to do is to use the property as a daycare the basement level not

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the basement level but the lower level so what we have here this is a photo of what this is

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it's a 52 it's a it's designated the whole building is designated as rm1 uh this property

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is on uh it's on 15th street and it's near the intersection of broad street and uh broad street

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stenton and between broad and i believe it's champlost but at any rate this is a 53 unit

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building right here and what we're talking about right here is what my client uh is is

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just began renting uh as of march of 2024 waiting for waiting to get permission to be able to use

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this as a daycare now this property uh again it has residential use up here

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But this property has been used. This property has been used, at least the beginning, the lower level has been used for commercial use for over two generations since 1980.

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uh first it was used as a plumbing and heating office this particular particular part and in

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1987 it was for uh it looks like a clothing store ladies clothing store

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And then about five years ago, there was use of this. Well, last use of it was a pharmacy for that was used for this particular building.

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and then about five years ago there was

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However, because the property has been vacant for more than three years, it has this particular area.

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It now has reverted to its original use of just the RM1.

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which is just residential. Now, let me go to the plants.

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So, what we have here is we have two main areas, two main rooms. The previous picture

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was the was the main was the main entrance right here where you walk in front door and then you

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have the daycare area it's 879 square feet then you exit this area and then there's a go into

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this room and this is another main area right here and this is 608 uh square feet this is where

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the children would be this is where the children would be at uh it is from six months the target

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range is from six months to six years old so it'd be preschool um infants to preschool

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and there would be two teachers that would be there for these particular areas and the

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anticipation is it would be around 30 students or so 30 children that would be there the hours

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of operation would be from 6 30 a.m until 6 p.m monday through friday so again we have the two

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main areas then we have a hallway that leads to a exit that leads to a that

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leads to the back door and then let's see here back here is the bathroom let's

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see if I can move this okay I can and behind that is the kitchen so that's the

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floor plans of this let's get back to the original exhibits

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so if we look at the actual

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that by the way this is a posting of the notice of the hearing again the front of the building

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right here is where you would walk in and these are the windows

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this is the rear of the building right here

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now this is the main uh this is the main uh area that we the larger room this is what it would be

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this is

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this is the hallway leading that leading from the large room and then it would go into this room

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which is the second room uh this would lead into this would lead to the outside the back

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the back um this door would lead to the rear that we were talking about and this leads to the bathroom

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this is the this is the second room

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Let's see. Yeah, that's the second room. No, I'm sorry. This is not, that is not the second room. This is the kitchen. That was the kitchen area. It has not been fitted out yet.

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but this is what it would be for the kitchen that's reflected on plans this is the side

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this is the second room I don't know why it's scanned to the side but this is the second room

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right here here's the deed um of evidencing the current owner

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I'll see you later.

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We have evidence that there's no taxes that are owed except for this year, but it's cleared.

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Let me all see.

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We have evidence that there's no taxes that are owed except for this year, but it's cleared.

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we also had a community meeting

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we had the community meeting and uh there was no letter there was no opposition uh to this

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we presented what it was they were they didn't have any problems with what was uh being proposed

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And so also, I'll have you know that my client has two other daycares, one in the Olney area and one near Broaden Olney, and then one which is not that far from this location.

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And then one also in the Rising Sun area, Rising Sun as well.

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and they've been in business for 13 years as an active daycare and so I don't have anything else

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to present I would like to have the opportunity to have my client Ms. Baisley promoted to adopt

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my testimony why don't you bring your client on please okay Ms. Baisley could you raise your hand

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please so you can be promoted okay they will be coming back in as a panel shortly thank you

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good morning good morning good morning could you please state your name and spell for the

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stenographer yes my name is rashawn basely um my my name is rashawn basely and could you spell

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please for the stenographer r-a-s-h-i-a-n-b-a-s-l-e-y right do you swear or affirm to tell

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the truth the whole truth nothing but the truth yeah please proceed counsel okay miss basely so

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have you heard the testimony that i've just given to uh this board the zoning board yes and

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do you adopt this uh testimony that i've just presented meaning do you agree with the testimony

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that I just presented? Yes. Okay. Is there anything else you'd like to add? You don't

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necessarily have to, but if there is anything else you'd like to add? No. Okay. And we would

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open it. And at this point, we would just open up if there are any questions. Well,

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Yes. Okay. How many bathrooms are you going to have here?

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So I'm going to have one. Can you hear me?

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Can you put on your camera, please? Thank you.

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Thank you. Okay. How many bathrooms are there going to be?

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wait a minute let me put the

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so it's going to be

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one handicap accessible

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bathroom and also

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two portal

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two smaller

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toilets for the children

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okay and then

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it's according

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to the testimony you're going to have

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infants from like six months

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up to children as

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older six years old so you're

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talking infants to preschool so

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So with respect to these spaces or the how how is that going to work?

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You're going to have certain age children in one of these rooms.

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And we will have it squared off to each age.

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So they won't be all mixed together. We'll try to sort it off like, you know, so they won't be separated.

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OK. Age groups. Age groups.

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okay so you're talking what the infants to the say toddlers and then we'll do it according to

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the ratio so usually the state will come in and they'll let us from like ages one to four

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okay all right yeah and you're going to provide food for the children yes it'll be um breakfast

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lunch and snack breakfast lunch and what was that snack snack snack I'm sorry

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breakfast lunch and what was that snack snack snack I'm sorry I just didn't hear okay and then

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um I'm a little confused about these doorways um what can you show the pictures again

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okay let's see here

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I mean you've got the security doors down in the pictures so I'm not sure yeah yeah

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Yeah, let me pull it up.

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Sorry.

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All right.

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All right.

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So that's the front.

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This is the back.

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Right.

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This is the front.

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That's another question, but that's a whole other thing.

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But I'm talking about the actual doors you were showing it to come into the building.

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the doors that come into the building is this right here that one okay so this one in the

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middle is that it looks like almost like a garage door now is that what that's the main

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door that's two double doors behind it it's two double doors there that's the main door

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okay and then on this windows on the right side yes what is that windows is that another door

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No, that's a window.

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Okay.

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And then there are the two windows.

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Is that windows on the other side as well?

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Yes.

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Okay.

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All right.

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And then is there a, you showed the rear.

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Is there a play area for the children?

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We're going to try to do the indoor play.

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We're going to do an indoor.

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Okay.

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So you're going to have an outdoor area,

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but you're going to do indoor play yes where are you going to where the children are going to play

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outside you have to have outdoor you have to have a game oh we do have an outdoor we do have an

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outdoor is that this is that he has a picture of the outdoor that's right all right so but

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but you're not planning to use that too much it doesn't require outdoor space

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Okay. All right. Thank you.

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You have all the questions.

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Yes, I have a question about the separation and the connection to other things on the first floor of that building.

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Can you show the floor plans again and talk about what's on the contiguous wall?

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okay which okay so this is the floor plan uh the hall the exit door leading to the uh

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leading to the rear and then this is the the bathroom that we were just speaking of

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yeah so my question is about what else is on the first floor of that building outside of this

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property outside of what you have shown what's i russian do you know if there's anything else

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that's breaking on the space there's nothing there it's all just a commercial space

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it's just the whole bottom is the commercial space the whole floor of that residential

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building is all commercial? Yes. And what are the other commercial uses in the building?

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It's nothing else there. So you would be the only commercial in it? Yes. Yes.

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Other questions from the board? Questions or comments from our attorney, Hillary Emerson?

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um just following up on board member wind's point um the refusal doesn't specify space

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where this use is proposed but isn't you've just said that it's only on the first floor so

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would you object to a proviso if the board grants specifying that the use is for the first floor

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only no no objection to that okay that's what the intention of what this was for okay thank you

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questions or comments from the audience? Step four.

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Can you push the button there, sir?

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Yes. All right. And then get closer to the mic.

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Could you please state your name?

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My name is James Harvey. I'm the committee

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person for 17-4. I've been representing

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this area for 25 years. Mr. Harvey, do me a favor. Could you spell your name

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for the h-a-r-v-e-y and you swear or affirm to tell the truth the whole truth and nothing but

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the truth yes sir please proceed mr harvey yes sir the property that they're showing you is

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The property that they're showing you is not really the facade of the property.

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is not really the facade

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The address is 6201 North 15th Street, which is the entrance to the apartment building.

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Underneath where she's showing you is a commercial spot, but she's not showing you next door where it is a beauty and barbershop.

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The entrance on this property is on Stenton Avenue, which is congested.

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everybody comes in that way comes in there's no parking the area that borders on 15th street is

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residential and 80 percent of the people senior citizens the rest is third generation homeowners

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like me and what they were saying about the entrance is going to be on stenton avenue

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There's no play area.

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This property has been had under a lot of zoning complaints against it for years.

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