civus
Hearing video

ZBA Hearing - January 20, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 20, 20215h 3m

Burdening water, sewer, school park, or other public facilities, again, I think is the way

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have described this operation nothing here would so burden those facilities and impairing or

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permanently injuring the use of adjacent conforming properties again there's nothing that i've

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suggested that i've stated thus far that would indicate that this proposed use had would have any

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more or any detrimental impact to the neighborhood beyond that which normally might be expected from

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the proposed use for those of us who have gone to physical therapy operations for one reason or

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another. I believe what I've described and if you have any questions, what could be answered by my

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clients is in keeping with the normal physical therapy operation. Again, we will not be endangering

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the public health or safety by fire or other means. We'll actually be helping the public health

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and safety by providing physical therapy services. And there's no inconsistency with the comprehensive

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plan for the city of Philadelphia. So with that, we believe that this proposed use meets the criteria

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for the granting of a special exception under 14303 excuse me so here's a floor plan real

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quickly here's south 10th street lobby here's all the workout areas examination tables examination

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rooms treadmills what have you um this is the back area where you have a kitchen this there's

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an entrance in the back to the residential units that's back in this area and then there's the trash

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area to the rear back on delhi street interior renderings here's of the lobby when you come in

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and as you can see there's nothing about the layout as proposed in either the floor plans or

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that would indicate that overcrowding the land quite beautiful if i say so

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would indicate the overcrowding

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exterior photos south 10th street this block right below jefferson hospital

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and the school just to the north of locust street and here on the top of page one of exhibit five

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here's the existing building two story three story third floor set back we will be occupying the

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ground floor you have all businesses at the ground floor extending down our side the east side of

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south 10th street down to spruce and then swinging back around on the west side of south 10th street

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here's the loading zone i mentioned that's directly across from us

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full partial block on the west side large buildings locust street jefferson

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And here you can see in this photo at the bottom of 19, the PACO stops.

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If I go back right here where my, let me just switch that to a hand.

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Right here is the bus stop for the 12.

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David, have you met with the RCO?

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Yes.

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So we do have a letter from the RCO dated December 1, 2020.

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We did meet with them via Zoom on 10-27-20.

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The 14-303 notice that we sent out is at Exhibit 17 in advance of that meeting.

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At the time of that meeting, we didn't know the date of the Zoning Board hearing,

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so we just mentioned that there would be a hearing.

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Then notice is what Washington Square West requires.

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We sent that out in addition.

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We did then, here's the list of addresses.

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first class certificate mailing of that initial notice and then once we had the zoning board

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hearing date locked down we did send out the subsequent mailing um to the same list of

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addresses indicating what those um what today's the information regarding today's proceeding

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and again here is the certificate mailing of that and again that was a letter of non-opposition

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dated december 1st 2020 from washington square west civic association which was identified

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by the planning commission um as the coordinating rco for this matter

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we do have tax clearance at tab 13 posting of the uh photo of the notices for today's hearing

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at both south 10th street and dale high street are included at exhibit 14. the deed of the subject

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premises at exhibit 15 showing 239 to 41 south 10th street st llc as the owner and then a redacted

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copy of our lease between my client cloudline physical therapy llc and the current deeded owner

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of the subject property here's the current state of the interior space at the ground floor

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and trash area to the you know chairman there you go down at the bottom here page eight at exhibit

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six uh and with that i would ask my clients to um i would ask that my clients be sworn in and

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i would like to have them adopt the statements that i've made to the board today

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Adam Kessel you can unmute yourself

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Madam Chair

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would you mind swearing in my client

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no I would not mind at all

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do you swear if I'm to tell the whole truth

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and nothing but the truth

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Adam

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unmute yourself

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nope adam

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or brian

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is anybody there i'm here brian's here okay hey brian your name and address please

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brian criscilla 1537 south 2nd street philadelphia pa 19147

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Thank you. And do you agree? Do you swear or affirm to tell the whole truth and nothing but

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the truth? I do. And Brian, you have to forgive me for butchering your name at the beginning.

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I'm just like, I don't know. So yes, Brian Criscilla is one of the operators that I was

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referencing along with Adam Kessel. Brian, they are my clients, both of them. Brian, you are

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Cloudline Physical Therapy, LLC. You're a member of that LLC?

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yes okay and you are one of the two practitioners along with adam kessel that will be

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uh running and operating this facility correct correct and

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running and operating this facility, correct?

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Correct.

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And did you hear the statements that I made to the board today?

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I did.

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And were they true and correct to the best of your knowledge?

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They were.

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And would you adopt those statements that I made to the board this afternoon as your own?

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I would.

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Okay, thank you.

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Is there anyone else who would like to testify?

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And if there is, please raise your hand.

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I see no hands, Madam Chair.

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Okay, does the board have any questions?

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No.

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No.

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No.

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David, what was the result with the RCO meeting?

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So they indicated in their letter, it says nine non-opposition, and there was no opposition

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and no abstentions per their letter dated December 1st, as you can see.

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they said the number of attendees was 20 to 25 plus committee and presenters

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and that was washington square west planning commission good afternoon vice chair tenere

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members of the board david fecto city planning commission the comprehensive plan recommends

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this property for commercial mixed use we have no objection to granting this special exception

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thank you calendar number 2992 239 south 10th street my vote is yes

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my vote is yes my vote is yes my vote is yes

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excuse me can i take a quick five minute uh bathroom break oh sure okay i'll be right back

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how about it how about a 15 minute break oh okay and then we'll just continue

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straight through with the 3 30s okay thank you have a good day everybody you too bye nice seeing

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you sorry today i'll be the chair of the zoning board of adjustment along with the board secretary

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confessor plaza and board members thomas halliman and james now we're still on the two o'clock

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uh somebody else is speaking and the board attorney sharon saletta will also be in attendance

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for those of you who haven't yet participated in one of our virtual hearings i'll go through some

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of the basics of what you can expect. First, we will be administering oaths to individual

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participants prior to their testimony. Second, we'd like to advise everyone that this proceeding

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is being recorded and that by participating, you acknowledge your agreement to be recorded.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by

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hitting star nine, then star six to unmute yourself. That's star nine, then star six to

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unmute yourself finally to enter an appearance statement call google 267-270-5548 and leave

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your email address of the property at issue fourth finally to enter strike that fourth the question

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and answer box is not for testifying any comments are to be directed to Latina.

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I do want to go back and change something from this morning. We were going to

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delay the Duval Street three cases to the 330 hearings to vote. But we are not doing that.

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So case number 002588, 100 West Duvall Street, calendar number 002589, West Duvall Street,

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and calendar number 31, West Duvall Street.

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This is Sharon.

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Those will be delayed.

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The vote will be delayed until next Wednesday following the executive session in order for

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the chair to participate.

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Thank you.

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calendar number 38720 2222 parker avenue we were also going to vote at the 330 session

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this is back before us on remand from common police court and in keeping with the court's

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order we're going to vote it my vote is yes

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my vote is yes my vote is yes

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okay and on the request for reconsiderations confessor are you there

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confessor i would like to

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I would like to vote the Master Street cases, and I do not have the calendar numbers.

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vote the master street case

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Let's see.

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If you would like to go on, you can do the remaining case on the 2 o'clock list and then vote on the reconsiderations at the beginning of the 3.30 list.

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Are there five cases for Master Street?

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There are. I can read them if you'd like.

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I have them now. And I will call them in. Calendar number 0313, 1710 Master Street.

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Calendar number 0311, 1712 Master Street. Calendar number 0304, 1714 Master Street.

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calendar number 0306 1716 Master Street calendar number 0309 1719 1718 Master Street my vote is no

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on all of them my vote is no my vote is no to all no to all

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thank you and now we will continue with the two o'clock cases and are we on number 10 geiger road

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sharon um yes you are getting to calendar number 2702 260 geiger road and i have to apologize

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um i dropped every paper i had on the floor so i've been collecting them so i apologize for my

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tortiness? The attorney on this one is Justin Crick. Okay. Good afternoon, members of the

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board. Hi, Mr. Crick. Can you put your name and address on the record and spell your last name?

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Yes, Justin Crick, K-R-I-K. My address is 1500 John F. Kennedy Boulevard, Suite 630,

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philadelphia pa 19102 and do you swear or firm to tell the whole truth and nothing but the truth

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yes do you agree to wave and stip yes and have you emailed the exhibit packet with the required

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documents including proof of ownership tax compliance refusal referral photos plans

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five days in advance of this hearing and have you met with the rco and do you have a letter

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Yes to all, except that some of the information came several days before, not quite five, but we obtained everything that was necessary, and it's been sent several days ago.

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Okay, great. You may proceed.

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Thank you. I'll share my screen.

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Members of the board, I'm here on behalf of an applicant proposed tenant of the property at 26062 Geiger Road.

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The proposed tenant is Active Life Services, and I have Marina Americanova here, and if she can raise her hand so that she can be identified later on for adopting testimony.

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The property in question is listed as I2 Industrial, and the proposed use for a portion of the premises is for an adult daycare.

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The refusal is that that adult daycare is not permitted in this zoning district.

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I will want to note just at the beginning that the initial issue that I was having was tax clearance as the owner has entered into a tax payment agreement with the city.

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I have since obtained the clearance that's attached to this presentation and has been forwarded to the board.

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The refusal is very straightforward.

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And again, it's just a use variance for the adult daycare.

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To give you a bit of an idea of where the property is located, this is in the northeast section of Philadelphia off of Red Lion Road.

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And this entire Geiger Road loop, as it loops around, is an industrial corridor.

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However, it is riddled with several basically commercial businesses, both in the nature of daycares or studios for different performing arts and such things like that.

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There are industrial uses within here as well, but several commercial uses have been approved.

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As you can see from this little bit further back aerial view, the building is located at the edge and rear of this commercial, I'm sorry, of this industrial corridor.

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From the street, this is a frontage of the building and another frontage with siding and showing the parking lot.

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And another frontage with siding and showing the parking lot available to the tenant.

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However, as we have discussed with the Neighborhood Association, the parking is mainly for the proposed staff, at which any time could be at most 13 to 15 people, but because they are in shifts, it would likely be less.

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The adult daycare is seeking to have approximately 40 clients, but none of them are expected to drive.

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they would be transported by a third-party company to the location.

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The staff would consist of nurses, directors, and program aides.

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And Marina, who will be testifying, who is a member of the – or an officer of the applicant,

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has previously worked for the Philadelphia Agency for the Aging

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and operates another adult daycare in the city.

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and so this one would be fully licensed with the state and city as well.

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Again, another parking and here's a little bit more of a close-up. So there are other uses in

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the building and what this diagram shows is that we are seeking only to use the area outlined in

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red and I'll shrink that just a bit so you can see. There are other approved uses that

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we would like to remain in place we do not want to affect those at the moment and they do not

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interfere with this use we did note with the neighborhood association that the doorways that

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are into these other spaces would not be used by our client and they would be they would remain

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locked but for egress purposes give me one moment a little bit more of a close-up of this area

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that we're going to be using it is approximately 6,750 square feet and we find that there is a

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significant need for this adult daycare service or adult care service in Philadelphia with a

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rising population, and it is an alternative to nursing homes. It will be there to provide

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services for people with physical disabilities and dementia as well.

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They will be distributing medicine in accordance with the state regulations,

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providing certain meals throughout the day, exercise, and other activities.

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It is not an exclusive parking lot. However, again, we don't anticipate the use of more than

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a few spaces at a time for this program I'm sorry about that let's move that back

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the notice of zoning is posted and I am attaching the initial page of the

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proposed lease with the act with the actual owner of the property

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we have met with the greater busselton civic league they do support this application there

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were a few that were opposed but um that was mainly for reasons that we have overcome with

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the with the neighborhood at the time of the meeting and attached is the tax clearance

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certificate along with the initial application and project information form um again pretty

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straightforward application simply just for the use variance and we feel that it is the highest

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and best use for this portion of this property as um as there's a lot of open space and a lot

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of separate rooms to allow for offices for processing but also for breakout sort of uh

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activities for these um for these residents i'm sorry for these um clients uh at the property

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i if miss the greater buses and civic league i'm sorry the greater buses and civic league is in

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support yes they are yes they are they're yes and that that meeting yes very good um if miss

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