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Hearing video

ZBA Hearing - February 15, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 15, 20233h 42m

I see.

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I don't see Daniel Wu in the audience.

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Okay.

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Thank you.

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No one appeared for the applicant for the first time, first hearing either.

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So MI-2022-001-767-2544 Turner Street, I vote that we dismiss this case.

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Thomas Howell, I vote to dismiss.

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James Snell, dismiss.

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H.M.L. Shaheed, dismiss.

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Okay, so we're going to go to our list. MI 2022-001-922-1901 Berkshire.

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Okay, so we're going to go to our list.

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MI-2022-001-767-2544 Turner Street, I vote that we dismiss.

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Corin Wise is the attorney.

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Ms. Wise is the...

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Letters report from the Frankfort Neighborhood Advisory Council and letter of non-opposition from Council Member Lozada.

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Ms. Weiss is being promoted to panelists.

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Ms. Weiss?

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Mr. Weiss?

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Hi.

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Could you state your name and spell for the court reporter, please?

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Yes, sir.

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Corenwise, C-O-R-E-N-W-I-S-E.

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Right.

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

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Yes, sir, I do.

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Could you identify your client and their relationship to the property?

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My client is Harrison Lopes, H-A-R-R-I-S-O-N, last name L-O-P-E-S, and he's the owner of the property.

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Thank you.

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Our vice chair has just a few questions.

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good afternoon counselor do you agree to waive the reading of the refusal and stipulate to its

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accuracy yes i do have you emailed all the required documents and exhibits into our offices

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five days in advance to this hearing yes i have thank you please proceed and share your screen

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Thank you.

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Mr. Chairman, members of the board, as I share my screen, just a quick summary.

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Mr. Weiss, could you speak up a little bit or get closer to the computer, possibly?

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Let me know better.

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That's better.

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Okay.

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So I thought the earphones would be better.

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Maybe I was wrong.

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So this is 1901 Berkshire Street.

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It's at the corner of Berkshire and Takawana.

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and if you can see my screen I'm sharing my exhibits our application here is for a variance

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for a duplex a two-family dwelling residential both units and first I want to show you my the

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refusal here because you'll see that this zone is RSA 5 and we are being refused we did receive a

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refusal for the application for two dwelling units but the ZBA as as is my experience they

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will generally list history from the archives and no history is noted on the refusal but I did want

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to show that this permit is available in the zoning archives from 1974. You'll see where

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let me move up a little bit where this property was converted to a two-family dwelling

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and you see in the explanation here where the applicant in 1974 erected

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uh an interior partition to create um hallway directly to second floor um so this has been an

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existing uh duplex in continuous use since 1974 um and here and my client mr lopes uh purchased

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this in 1921 and and as is the requirement in philadelphia the seller needs to obtain an l&i

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resale cert which was done and that resale cert you should see on my screen did note that this

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was registered as a two-family dwelling when he bought it in 21 and when he bought it the units

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were occupied he had two units upstairs and downstairs this is a two-story building with

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two two-bedroom units here's my rco notice and that was sent to 137 addresses we did have that

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meeting that Mr. Chairperson did note. We have a letter of approval from Frankfort

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Neighborhood Advisory. That meeting actually was last week. And here's their letter in support.

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And here's some photos. Let me spin that. There we go. Okay, so we're a corner property,

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like I said, two-story. If you can see my cursor, this front door, this is Berkshire Street.

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This front door on Berkshire, you'll see from the interior, serves the second floor.

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There's a separate entrance here with stairs up to the second floor unit.

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And over on the side here is a separate door servicing the first floor unit.

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The first floor is a little larger.

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You see a little shed addition back here.

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Downstairs, we have about 900 square feet.

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And upstairs, we have about shy of 800, maybe 760, 770, 770 square feet.

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770 square feet. There's the notices in the window. Sorry, let me spin that. And this is,

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there's the notices

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in the

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I'm actually taking these photos, I'm standing on the steps facing back out to that separate

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front entrance to the second floor unit. And spinning back around, don't get dizzy here.

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All right, so here's the kitchen upstairs, bedroom upstairs, bathroom upstairs, and now, sorry, and now, then this is actually downstairs, so now we're in the first four unit, the kitchen downstairs, and the bathroom downstairs.

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and this is the front bedroom being painted at the time there's the doorway in that photo

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and here's the basement and you'll see here two electrical panels I'm sorry that's upside down

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but you'll see two electrical panels two gas meters and two water here's also upside down

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but you get the idea here's the um zoning plans uh first floor is on the bottom here with with

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here's the side door that enters the first floor unit with that bedroom in the front the middle

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bedroom here living room in the kitchen in the in the back with on in that shed we saw that addition

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this plan does feature that separate uh door entrance door to the steps serving the second

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floor unit on Berkshire Street. And when we get up to the second floor unit, here are the steps

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coming from the first floor with the bathroom in the back, the kitchen we saw in the photos,

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and the two bedrooms. And I think, yes, and basement you saw is just utilities only,

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no living space in the basement. This is the deed

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where Mr. Lopes purchased

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in November of 2021.

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And then I think the last item

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is the tax cert after the deed.

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Mr. Wise, is your client here?

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Yes, he is.

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Why don't we adopt your testimony?

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Thank you.

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Thank you.

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Mr. Lopes

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Yes, sir

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Hi, could you state your name, please, and spell for the court reporter?

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Sure, Harrison Lopes

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H-A-R-R-I-S-O-N

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L-O-P-E-S

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Right, do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do

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Proceed, counsel

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Thank you

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Mr. Lopes, did you hear my testimony?

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Yes, sir

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And was it true and accurate? And would you like to adopt it as your own today?

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Yes, I would.

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Okay, thank you, sir.

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All right, questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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I play any commission.

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This is Ron Bednar, first name Ron, R-O-N, last name Bednar, B-E-D-N-A-R.

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Right.

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

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I do.

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Proceed.

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This property is currently indicated for residential on the city plan, given the physical circumstances of the site and the documented use history.

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We recommend the request of variance be granted.

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Thank you.

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M-I-2022-001-922-1901 Berkshire Street, I vote yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Tom, could you vote one more time, please?

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Me?

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Thomas, Thomas Holloman, my vote is yes.

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Thank you, Thomas.

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Thank you, counsel.

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You have your votes.

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Thank you, everybody.

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Enjoy.

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Number three.

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MI 2021 002 010 2528 Lloyd Street. Tracy Saller is the attorney for the owner.

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Letter of support from the 40th Ward Republican RCO with provisives.

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salaries solar i'm sorry

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I'm sorry.

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Hi.

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Hi.

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Could you state your name, please, and spell for the court reporter?

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Yes.

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Tracy Soller, first name T-R-A-C-Y, last name S-A-U-L-E-R.

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Right.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Could you identify your client in relationship to the property?

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Ms. Felicia Harrison, and she's the owner of the property.

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And our vice chair has just a few questions.

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Yes.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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Yes.

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Have you emailed all the required documents and exhibits five days in advance to this hearing?

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Yes, with the exception of the letter of support from the RCO, which was emailed over today.

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okay um just we're going to check and see if we received that but please proceed and share your

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screen thank you we have the letter we have it proceed counsel thank you i'm sharing my screen

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now for the exhibit packet that was submitted this is in regards to 2528 lloyd street

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this is for my client is seeking a special exception for to allow the property to be used

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for group living specifically a personal care home for three to four adult individuals

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this property is located in a rm1 zoning district and so we've received a referral

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for a special exception i will go through my exhibit packet just to show you how the property

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is set up starting with the exterior front of the property here. We did a shot of the right side

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and left side of the street as well as the exterior of the property and then a couple of

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photos of the inside of the property. She is currently living in the home although she would

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vacate prior to the group home setting up. This is a three-bedroom, one-bath property. It's

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1,024 square feet. We also have a photo of the zoning notice, which was posted.

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We met with the community. This is a copy of the referral, which was sent,

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and we sent that along with this notice to 93 members of the community as required here is a

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copy of proof of mailing and a copy of the deed showing that she owns the property and the last

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thing is the tax compliance which does show a balance for 2023 however that would not be due

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just yet. All the rest is in compliance. I also go over, I'm just going to switch screens real quick

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to the letter of support that we received from the community. We just met with the community

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members on Monday of this week and we went over the project with them. My client's been in the

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healthcare industry for about 23 years now. So this is something that is, you know, personal

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to her that she would like to do this with her property. There are a couple other personal care

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homes in the neighborhood. And so the community is familiar with how the process works and how

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the homes are set up. They did request some provisos from her, which is one that she be in

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compliance with running it in accordance with the law, that there's no basement sleeping

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accommodations for which she agrees.

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They also asked for a three-year term for the referral, which would give members of

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the neighborhood an opportunity, if there were any issues after three years, that she'll

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come back to the board and that she'll participate in the SafeCam program, which she agreed to

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do and provide a Jacob's Ladder as a secondary means of exit in case of a fire or other emergency.

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So this is the letter of support that we received from the community.

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And I would like to move the packet as well as the support into evidence, and then I can

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bring my client on. Okay.

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Ms. Harrison? Ms. Harrison?

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Ms. Harrison, please unmute yourself and wait for the chair.

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You're allowed to speak.

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Hi, could you state your name, please, and spell for the court reporter?

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Felicia Harrison.

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Hi, could you spell it, please, for the court reporter?

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Sure. F-E-L-I-C-I-A-H-A-R-R-I-S-O-N.

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Sure.

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F-E-L-I-C-I-A-H-A-R-R.

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

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Yes.

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Proceed, counsel.

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