civus
Hearing video

ZBA Hearing - January 29, 2025

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

The back that she's showing you is a document up photo.

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There's dumpsters back there.

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There's trash back there.

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There's debris back there.

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And people park.

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And it's a dumping area.

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Before she came with this area, Stittenhouse rented it out as an after-hour spot.

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The owner rented out to a person, you bring your own liquor and food into this area.

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This building has been under a different zoning thing for 20 years.

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I've been around it ever since 68 when my grandfather lived there.

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But with the facade she's showing you, she don't want to show you the broad view of the property, which is Stenton Avenue.

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Stenton Avenue is a high denser area.

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There will be no parking for her.

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there will be no parking for the parents to pick up and there will be no places where she can put

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a bus so when you look at this area and you look on stanton avenue there's a shell gas station

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there's a car wash joining to it right there is a beauty shop and barbershop that's been there for

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years she's just showing you the one face how she gonna have 30 kids in that place is beyond belief

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There's no outside play area whatsoever, except the sidewalk, which is a lot of high traffic.

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We have a senior citizen place around the corner and with the residential.

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So when the people come up to drop the kids off, they're going to be double parking.

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And that's going to cause a congested area, as they already have on 15th Street.

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So when they come up in the morning, you have the one lane, the two lanes, that's going to exclude park and it's going to exclude the neighborhood.

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The reason why they say the commercial property, years ago, there was a pharmacy there called Book Miners Pharmacy.

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Guy had, it was a little mom and pop drugstore.

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When he left, they had a little thrift store in there

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where you had one or two, three people come in.

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Nothing to this magnitude.

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The thing they had with this club,

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we addressed Stittenhouse about it,

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and their issues with us is we can do whatever we want to do.

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But if you look at their history of all the zoning permits

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against them, in the back, that's the cleanest I've seen since 1950.

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that's doctrine because back there is dumpsters cars parked back there kids can't go back there

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if they come out the front there's nowhere for them in the front i and we also have

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six daycares in our neighborhood already we have one on board and stenton which has self-contained

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parking we have one at board and shelton which has outside we have one at board and 68 you have

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wanted board in needle they do have little self-contained areas but they had 30 kids that's

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going to be dropped off in this small place with one bathroom there's only one bathroom in there

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and they have portable the facilities are not there where is her trash pickup going to be at

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and it's just going to be a nuisance by she's saying she had community meetings no

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because everything comes to me.

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I've been at this.

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Sidney Bass's office sent me the notice to do Zoom,

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but I couldn't do Zoom.

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I didn't know how to do Zoom.

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I put it in for the parents to come down here to represent.

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80% of my neighbors are against it.

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We already overpopulated with the parking.

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We had Stenton House with Derby Court

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and the Philip Murphy House and Philip Murphy, too.

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In the morning time, it's bad.

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It's bad.

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If there's a snowstorm like it was the other day,

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If there's a snowstorm like it was the other day,

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that's an emergency route on Stanton Avenue.

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that's a murder.

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But see, in her presentation,

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she's not mentioning Stanton Avenue at all.

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But that's the interest of Stanton Avenue.

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Anybody want to come up there and look at it,

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it's just she's showing you this, but not showing you this.

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They're showing you the back, but not telling you the truth.

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But we're against it.

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Nobody had a meeting with us.

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All right, thank you.

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Hold on. Hold on one minute. Thank you for your testimony. Counselor, do you have any cross?

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I don't have any cross, but I'd like to call my client as a rebuttal, if I may.

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Thank you for your testimony. We appreciate you waiting here all that time. Thank you.

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You want to call your client back, please?

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Yeah, sure.

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Ms. Baisley.

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The, it was a whole lot that was said right there.

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So can you address the, you heard testimony about there being dumpsters and there not being a place to play in their rear and that's not how it really looks.

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When were those, when was those pictures of that?

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Unmute, please.

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You got to unmute.

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unmute there we go okay okay so that's why i said that it wasn't required for them to have

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outdoor play because it's not required by the state it's okay right but it just answered my

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question when was that picture when were the when was that picture of the rear taken

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Last Tuesday.

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Okay.

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You're breaking up, ma'am.

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I'm sorry.

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Last Tuesday.

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Do you agree with this testimony that in the rear that it's just dumpsters and there's no room to play back there?

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No, I don't.

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That this is doctored up?

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No.

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Now.

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This is doctored up.

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That picture is current.

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Okay.

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Okay. Now, regarding the people that were there and the number of bathrooms, why was it designed for one bathroom?

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I'm not sure why it was designed for one bed front, but I know when I spoke with my architect, he said that it would be able to make a handicap accessible and also able to add additional toilet seating for the children.

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And your other daycares, there are two other daycares that you have, right?

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Yes, one on board, Nalini, yes.

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And what are the number of children?

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Is it similar to the proposed number that we're talking about here, about 30 to 35 students?

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Yes.

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And do each of those have one bathroom for that?

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Yes.

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Is there any issue?

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Is there any specific parking at the Broad Nowany or Rising Sun?

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is there any the same way it would be for sitting avenue um pull up and drop off no parking no

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additional parking and it's been work have you had any complaints by the nearby neighbors

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from the other from the other daycare of congestion never no complaints okay

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You mail notices, were notices mailed out to all the nearby neighbors in this, of this community meeting that you had last week?

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Yes.

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Okay.

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I don't have any further questions.

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Okay, and Counsel, one more question.

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Your client mentioned that the two toilets are going to be portable toilets.

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What does that mean?

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They'll be children's size toilets.

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not portable toilets they the little miniature you use that term i didn't i didn't use that

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i'm sorry yes that's okay okay anyone else in the virtual audience yeah mr charlie i just had

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one clarification question for mr harris um mr harris are you are you representing the owner of

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the property or a tenant i'm representing the tenant the applicant okay so in order for us to

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proceed on this we would need a copy of the lease if you're representing the tenant because okay um

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he has to show standing i understand that um we can we can supplement that we can we can submit

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that okay the board will need to hold its vote then thank you all right all right um

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Okay. The board will need to hold its vote then. Thank you.

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All right. Can I ask?

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Lanny, do you want to take your position now?

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Can I ask one more question?

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Go ahead.

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Before we go. We asked about outdoor play. I've done a number of daycares and they require that you have a provision to provide outdoor play, whether it's at on location or nearby.

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What's your plan for outdoor play for the children?

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it'll be on location and that is that going to be in the rear yard or it could be it could be

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indoor or outdoor yes no no no no there's gotta answer his question an indoor play you've got

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or an indoor play right you've got that because you got indoor but there's a requirement to have

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children be able to play outside also and i was just asking what's your provision if your provision

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is on site then that's fine it's going to be on site yes okay but then that means that the

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rear yard should be included in the lease that's not that's not true according to the state so

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you can actually have um playground space inside or outside as long as the space is sufficient

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okay well thank you for that clarification i've always got hit with having to do the outdoor

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thank you any other comments yes should we as part of and i'm asking can we ask for um pictures of

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the surrounding area like what we're seeing is just you know that one entrance and what have

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you which is what i was questioning but can we also ask for pictures of the surrounding area so

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we can better um uh so we'll have a better sense of what is really around absolutely so so we can

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hold the record open um for a copy of the lease as well as contextual photos thank you planning

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commission chairman good afternoon david fechto with the city planning commission um chairman i

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think uh noting that the appellant is going to submit additional exhibits we'll ask to

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hold our vote or hold our recommendation sorry all right good thank you um mr chair yes i'm sorry

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to interrupt but uh we have two hands raised in our virtual audience one is craig meladosian um

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okay craig i'll be back in as a panelist

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no no craig are you involved in this case

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sorry i was trying to lower my hand that is an error all right thank you is there another hand

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up yes mr wait there was a there was a hand up but now it's gone down okay good um so planning

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you're going to hold your two okay so um so mr chair we'll do a resumption of hearing then

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on this case um the date of the resumption hearing will be april 8th at 9 30 a.m

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Thank you very much. We're going to, this case is going to be, we'll vote on this, have another hearing on the 8th of April at 9.30 a.m. You don't have to, but if you want to, you can go back and listen to the vote.

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well um so and uh may may i may i inquire so i'll submit the i just submit the additional

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deletes the photos deletes in the photos but there's no further testimony that would be

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presented correct like there's nothing like the record other than that the planning commission

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will still give its recommendation and you will need to provide proof of posting the property

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will need to be reposted okay okay all right that's fine so there could be additional testimony

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based on the additional information that is provided so i i think what the gentleman is

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saying he wants to come back with it with photos okay if you would um sir um if you would like to

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submit materials um please talk with the staff about about how you can do that because we would

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we need to receive those in advance of the next hearing.

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Okay. All right. Thank you, everyone.

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

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I have Charles Richardson with his hand raised.

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I've allowed him to speak.

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Hi, Mr. Richardson.

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Mr. Chair, so sorry.

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I had tried to get in earlier, but let me...

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No, no, no. Just state your name for the record. That's all.

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Charles Richardson, Office of Councilwoman Cindy Bass,

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room 508 City Hall.

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The councilman is going to be against, opposed to that zoning variance.

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The RCO meeting only had the applicant, the attorney, the applicant's partner, and the chair of the RCO.

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the applicant, the attorney, the applicant's partner, and the chair of the RCO there. There

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were no near neighbors there. The location is bad. It's right off of Broad Street, where they

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make a notorious high-speed turn and gun it all the way up going on to Stanton Avenue, on to

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Points North. And the gentleman was correct with regard to trying to, where are the parents going

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to park and that type of thing the types of congestion that's going to cause at that location

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and it's just a bad location to do that type of a business uh so the councilwoman is opposed to um

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to that the to that variance thank you richardson thank you for taking the time to call us we

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appreciate it is there anyone else in the audience yes chair i have a hand up from allison weiss

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oh sorry i didn't hear allison this is not part of your case right

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100 pulaski avenue i know okay thank you very much um oh it was dismissed i see okay

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thank you we're gonna we're gonna be back at 2 p.m

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thank you mr chair

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good afternoon everyone my name is bill bergman i will be chairing the meeting

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of the philadelphia zoning board of adjustment with me is our vice chair ismail shaheed

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Present, Mr. Chairman.

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Our board member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Our board member, Tanetta Graham.

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Present, Mr. Chairman.

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Our board member, Michael Johns.

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Present, Mr. Chairman.

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Our board member, Ty O'Wynn.

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Present, Mr. Chairman.

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Also present is Hillary Emerson, our attorney, and Ian Haggerty, the executive director of the zoning board.

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Please be advised this meeting is being recorded.

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Your participation in this meeting indicates your consent to be recorded.

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The video will be posted on the ZBA website approximately one week following the meeting.

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