civus
Hearing video

ZBA Hearing - December 11, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 11, 20247h 26m

And then this is the zoning hearing posters.

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And then this is Oguns to the right of the property,

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to the left of the property. This is 78th Street or 78th Avenue to the right of the property.

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until left of the property.

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These are our plans and drawings.

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All we do is a site plan.

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We haven't changed anything up.

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All we did was, again, focus on having these shelving for the tires themselves in the back.

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Our RCO meeting notice, we met with the community on October 23rd at 7 p.m.

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Proof of mailing of that notice is following to 93 addresses.

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our application for appeal that my client previously filed along with the notice of refusal

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and the project information form, the deed to the property showing that the applicant owns the

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property, and the certificate of tax clearance. The only reason why he says the balance due is

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And the certificate of tax clearance. The only reason why he says the balance due is because of taxes that are not yet due in 2025.

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I would ask that that Greg virtually raise his hand and be sworn in.

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Gregory Tena has been allowed to speak.

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

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gregory tena spelled g-r-e-g-o-r-y last name t-e-n-a

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where are affirmed to tell the truth the whole truth and nothing but the truth

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yes sir proceed counsel oh yes uh gregory um you heard everything i had to state today about

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or a zoning matter. Yes. And is it true and correct? Yes. And do you adopt this your own

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testimony? Yes. All right. Thank you. Alan, I'm going to give it to the board, but I'm going to

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start off by saying that there was a lot of concern about how the tires being stored outside

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because the houses are right across that driveway. There's not a long driveway. And I think,

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I don't know if you looked at any of the paperwork from the last one, but there's someone who had called in and talked about saying that we should recommend that the tires be stored inside.

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And I think a lot of that for safety reasons, this person and this person does a lot of work down around southwest Philadelphia where there's a lot of places like that.

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So I'm not sure how this case got here, but when it came here, there are the issues that people were concerned about, how close the tires are being stored to the house across the street.

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So I'll start that off and I'll let you respond real quick, but then I'm going to give it to the board.

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Yeah, I mean, again, I haven't measured it, but if you look at the aerial view, it's like a, it looks like a Lisa, let me show you, share my screen again.

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I think we saw that, but go ahead. Why don't you do it again?

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Yeah. Well, I think you saw it, but it's a pretty wide driveway.

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And again, this is how it was done for the last 35 years.

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And I don't know how we got here because the sale of tires has been a permanent use of this property since 1990.

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So and there's been no incident since which would say that this is this is a problem to store the tires the way we have been storing it for almost 35 years.

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So I guess it looked to me like the RCO wasn't crazy about it, right?

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Oh, no, they were not happy about it.

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But again, this this board on two separate occasions, one in 1990 and one in 1992 approved this use.

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i mean really sure i understand no if anything i think this is more like an lni appeal i don't

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know why we received a refusal again i took over this case but like i understand i understand

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yeah it's crazy i don't know what happened and i again it's it's you know something i took over but

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it seems to me like we shouldn't even be here because we already have a zoning permanent record

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as of 1992, which is permanent in nature.

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And we're not extending the use, sorry.

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Questions from the board.

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Okay, questions or comments from our attorney,

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Hillary Emerson.

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Just briefly, Mr. Chair,

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I think just to clarify Mr. Nockmson's question,

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I believe there was testimony at the prior hearing

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that this property had been vacant for some time.

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And since the previous approvals were granted by variants, they were probably lost due to abandonment.

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So that's probably why Al and I are saying that a new approval is needed for the use.

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Questions or comments from the virtual audience?

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Yes, Chair. I have someone up by the name. I have a hand up by the name of Aze. They have been allowed to speak.

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

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Please unmute yourself.

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We see his hand.

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Sure.

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They are currently still on mute.

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Okay.

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Is there anyone else in the audience?

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I see no hands at this time, Chair.

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Do we have his name?

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The person with the hand up?

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it was as a

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It was Ed A.

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is his hand down

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yes chair the hearing is currently down

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okay okay planning commission

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good morning afternoon amy boyd with the planning commission

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amy boyd you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do please proceed the comprehensive plan recommends no change

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to the CMX2 commercial mixed-use zoning at this location.

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The proposed use as personal vehicle repair and maintenance

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is consistent with documented fire use.

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The Planning Commission recommends that the board grant the requested variance

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for personal vehicle repair and maintenance

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and grant the requested variance for tire sales

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with proviso interior storage of tires.

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So, Alan, as we talked, we're going to hold it for a corrective refusal,

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but other than that, it's closed.

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Okay?

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Thank you.

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Thank you.

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All right.

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Number four.

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Mr. Chair, before we move on, I believe Mr. Anastasio has an additional request for continuance on the two o'clock list.

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Okay.

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Mr. Anastasio.

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Thank you, Ms. Emerson.

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Sure.

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Thank you, Mr. Chair.

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I've already been sworn to just what case?

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1427 West Diamond Street.

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I think that was a system issue.

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I kept raising my hand, but it kept getting lowered for some reason.

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So my apologies.

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That's number 11, Mr. Chair.

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Yeah, I got it. MI 2024-004-374-1427 Diamond Street. Cases continue. Thanks for calling in.

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Thank you, Mr. Chair. Thank you, Ms. Emerson.

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And Mr. Chair, we also have a hand from Darwin Bouvet. It may be related to another continuance.

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Probably his first case I called, right?

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It may be.

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Mr. Bouvet.

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Good afternoon, Mr. Chairman, members of the board.

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Yes.

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Would you please state your name and spell for stenographer?

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Gladly.

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First name Darwin, D-A-R-W-I-N.

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Last name Beauvais, B-E-A-U-V, as in victory, A-I-S, as in Sam.

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You swear we're firm to tell the truth, to hold truth in nothing but the truth?

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I do.

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I called your case earlier, and I continued it.

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2301 North 29th?

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Actually, I just uploaded a letter to withdraw the matter.

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So if that could be more.

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I'll do it right now.

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Thank you very much.

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And then also, Mr. Chairman, I have another issue.

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We have a matter, it's 8301 Toursdale Avenue, and we have, it started off with a refusal, but now the matter is as of right.

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And we've been trying to get that listed as a withdrawal.

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So I don't know if this could be an add-on and we can have this withdrawn as of record because we want to avoid any delays with the application because it's been pending with L&I for several weeks now.

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and mr bouvet this is hillary is that we don't have that the 80 well is the 8301 toursdale case

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you're referring to is that on the the 330 list this afternoon uh that's the same address but

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it's a different application it's a different application okay um no reach um reach out to

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the office with a letter regarding withdrawal and we'll take care of that for the other

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toursdale matter all right because i just did that so thank you okay yeah you just got it so

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So it will be, yeah, you just sent that in.

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It will be processed.

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Yep.

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All right.

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Thank you.

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So 29th Street's just a continuance, not a withdrawal?

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No, 29th Street is a withdrawal.

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Thank you very much.

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So MI2023-006-919-2301-29th Street, that case has been withdrawn.

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Okay.

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Number four, MI 2024-001-872-260 Geiger Street.

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Jason Kirk is the attorney.

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There's a letter of opposition, letter of opposition from Greater Busselton Civic Association.

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Vote was 27 in opposition, two in support.

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good morning good afternoon sorry good afternoon counsel could you please state your name and

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Good afternoon. Counsel, could you please state your name and spell for the court stenographer?

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spell for the court sonographer yes

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Yes, Justin Crick, J-U-S-T-I-N-K-R-I-K.

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

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Yes, I do.

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Please proceed. I'm sorry I interrupted you.

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No, I was going to say my address is 1515 Market Street, Suite 1200, Philadelphia PA 19102. Thank you.

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Could you identify your client and relationship to the property?

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Yes, my client is Dasha Hadar. She is the applicant here seeking to open up the child care center, and she is on the line.

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Our vice chair has a few questions.

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Good afternoon, counsel. Do you agree to wait to read another refusal or stipulate to its accuracy?

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I do.

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

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I have.

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Thank you, council. Please proceed and share your screen.

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Thank you.

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All right. Thank you. Members of the board, we are here on this application at 260 Geiger Road for specifically Unit B.

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This is a portion of a larger property that is situated in Northeast Philadelphia and in the Greater Busselton Civic League's RCO purview.

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The applicant is a tenant in this building.

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The building is zoned industrial, and this use as a child care center would be a change

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to a commercial use for this portion of the building.

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And because a child care center and commercial use is prohibited in this district, we received

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a refusal.

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The property itself has several other uses that have already been approved, including

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an adult daycare facility.

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and there is, I guess, I believe an ambulance facility in the rear of the building. It's a

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fairly large industrial building. But what you should know about this child care center is that

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this is not a typical nine to five or even eight to six child care center. Really, there was no

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smaller or, I guess, reduced category allowed for something like this, but this is really aftercare.

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The hours of operations of this would be limited from 2.30 p.m. to 6 p.m.

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The size of the space, which I'll show you in a moment, is about a thousand square feet.

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It's really just a place for parents of students ages 5 to 12 years old to really utilize some aftercare coverage at the end of the day.

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So as I mentioned, the property's in the Northeast.

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Geiger Road is located at the corner of Global and Geiger, which is off of Red Lion Road in a primarily industrial park, which you'll see from this zoning photo.

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Our property is located right here, and it is adjacent to several residential properties.

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The photos that will come up will show you that there's a nice buffer here of trees and such, and that the industrial or the building in commercial use would be up front.

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just for a little bit more geographic, here's Montgomery County and Red Lion Road. This is

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the old bud plant that has enough controversy behind it with the area, but we are situated

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right here. And as you can see, residential and quite a lot of industrial, but there is a lot of

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commercial that's already been approved in this area, including within this building itself.

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As a closeup, I can show you that again, there's a buffer here, but this corner of the building,

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which I'm circling here, and this pathway are really all that this aftercare intends to use

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in the building. This is the entrance area for the aftercare, and there's a small space

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along this corner of the building that would just be used for the aftercare.

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As you can see, there's a lot of open street here, and that comes into play when you talk about

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pickup and drop-off, because the hours are limited, and the students generally get there

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by either some other form of transportation through their primary school or maybe a drop-off,

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it's a transient situation where you don't have people consistently all day long coming and going

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through. Employees will have access to parking in this lot along with some of the other tenants,

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and the entire front portion of this building is an adult daycare at this point and was approved

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several years ago. Before I, I'm going to jump ahead a little bit just to show you the front

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of the building. You'll see active life services. This operates the majority of the front of the

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building. And this is the, the posting on the front of this building and the entrance that

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we would be seeking to use. So Ms. Hadar had worked with the landlord to try and set up the

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space. This was done a long time ago, and unfortunately, we haven't been able to utilize,

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we haven't been able to utilize, but this is the intent of aftercare. This is for parents to

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but this is the intent of aftercare.

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have their kids with maybe a prepared food already or snacks. There is no hot foods to be

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