civus
Hearing video

ZBA Hearing - May 6, 2026

Philadelphia Zoning Board of Adjustment (ZBA)May 6, 20267h 28m

And this is not a rooming house.

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Each senior would have their own living space, bathroom, kitchen, and going to be well managed by a professional company.

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So I appreciate your consideration.

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And again, if the board wants to consider even a sunset provision, that would be a wonderful thing.

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And we can see whether this, you know, I don't want to call it experiment, but see whether this type of living in an apartment building where many, many seniors are living by themselves in a home of their own home or institutionalized.

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This seems like a potential way to go.

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Alright, thank you so much Council. So we had a lot of discussion on this, so we want to take it back to executive session. I have some folks that have a couple other questions they want to peel out a little bit further.

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so thank you we're going to hold the vote on this and we can vote on this uh next week

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i appreciate it and i'll see you next week with the 18th street thank you very much

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this grant number 10 mi 2026 000 226 3240 to 64 hancock street peter kelson is the attorney

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Jared, that should be coming back in shortly.

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Good afternoon, members of the board.

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Peter Kelsen on behalf of the Hispanic Association of Contractors and Enterprises, commonly known

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as ASE.

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If I may, I'd like to promote-

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Hold just one minute.

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it. I'm sorry. No, you don't have to be sorry. I mean, although everyone knows you, could you

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please spell your name for the court stenographer? Of course. I apologize. Let me swear you in,

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okay? Absolutely. I apologize. It's Peter K-E-L-S-E-N, blank Rome, LLP. Do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth? I certainly do. And then if you

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would, please one more time, identify your client or relationship to the property. Sure. The owner

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the property and my client is the hispanic association of contractors and enterprises

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commonly referred to as assay um and at this time mr bergman if i could i would like to just one

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more little one more time could our vice chair ask you a few questions absolutely there you go

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and then we'll start good afternoon have you submitted your documents and exhibits

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five days in advance of this hearing? Yes, I did. And do you waive the reading of the refusal

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and stipulate to its accuracy? Absolutely, I will. Okay, thank you. You can share your screen

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and proceed with your case. Okay. Again, I would ask if I could have Eric Bodson promoted. Yep.

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And also Maria Gonzalez, the director of ASEI. Sure. As well. Thank you. First one, please come on.

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yeah and then maria gonzalez that's becoming bacon as a panel of short mr chair

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thank you so much yeah here you go sir how are you

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you have the whole family today yeah i mean you're gonna get a whole team here i mean like eric's

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here now i mean listen if i had time i would have brought labor in and we would have had everybody

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all right can i just say that uh maria yeah i just want to wait for any commission together for many

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years maria

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eric let me swear you in could you please state your name and spell for the stenographer

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yes eric you got two devices on yes we do

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well eric is not going to testify he's going to run oh okay well then we'll just let him stand

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yeah that's right okay if that's okay maria yes hi maria could you please state your name

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is spelled for the stenographer yes maria gonzalez m-a-r-i-a-g-o-n

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Yes, Maria Gonzalez, M-A-R-I-A-G-O-N-Z-A-L-E-Z.

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

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I do.

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Please proceed, Mr. Kelson.

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Thank you again, members of the board.

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You'll see on your screen our exhibit package, including the referral, RCO letter of support, photographs, renderings, plans, deed.

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The property is owned by ASEE, as I indicated.

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It's a 501c3 entity, and it is shown as real estate tax exempt.

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And lastly, our notices and certificates of mailing.

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If I may, members of the board, the subject property consists of a one-story structure.

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It has been owned by ASEE through a transaction with the Redevelopment Authority of the City of Philadelphia.

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It contains about 17,150 square feet, originally constructed in 2009.

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You can see it illustrated in this aerial before you on Exhibit 3.

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And I want to show you street-level views, if I could, at exhibits.

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There we go.

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The Hancock Street frontage.

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this property fronts on hancock street westmoreland and what was formerly known as paleo thorpe

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so three frontages westmoreland frontage

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former paleo thorpe street frontage you will also see the entrance from this angle

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to parking area gated and one more and now we're looking north on hancock street

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It is adjacent to Karib Towers and the Casa Karib developments that were done by ASE a number of years ago that support senior housing.

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At the time this property was developed, it was used by Mercy Life as a life center in support of the seniors and the community surrounding it.

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Mercy has since ceased its operation at this location, and it is currently vacant.

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The property is zoned, as you will see at Exhibit 3, the zoning map, I-2 Industrial.

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However, the City Council currently has before it, and I believe you have a copy of this, thank you,

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I'm showing you on the screen bill number 260211.

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This was introduced by Council Member Lozada on March 12th of this year.

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And this bill seeks and proposes to remap a large section of the immediate area.

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But most specifically, members of the board, it would remap the subject property to CMX3 commercial.

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Why is that relevant? Well, if this bill had been enacted, it's now sitting before the Rules

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Committee, but it has not had a hearing yet or scheduled. This would be a buy-write use,

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completely buy-write use. But because it's currently shown as I-2, we need a zoning board

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variance because the use that I'm going to describe to you in a moment does not fit within the I-2

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district. So what are we going to use the property for? The property will be used as an educational

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and therapeutic treatment facility for students with special needs, specifically autism,

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grades K through 12. We anticipate approximately 55 to 70 students as it ramps up. Let me show

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you a floor plan you can find that floor plan at exhibit five this is a conceptual floor plan

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pretty much baked but it'll give you an idea of the level of detail the level of sophistication

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that will be brought to the to the uh to the use and operation and we will be utilizing the entire

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first the first floor of the property there is no second floor and all of the

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renovations members of the board will be done internally there's no external

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expansion or modification of the footprint I'll say we'll enter into a

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lease with an entity by the name of Mary Kay Mary Kay is is a renowned

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specialist in it's a not-for-profit as well in the area of special needs

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education services counseling social services etc

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services, counseling, social services, etc. And again, as I indicated, this will be basically

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an educational and therapeutic facility for those individuals in that need category.

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What's especially important to ASSEI, as well as to America, and especially to the community,

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it will serve this catchment basin of North Philadelphia, which needs much more

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programming for these individuals. There's a real deficit here. And now they're going to have

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state-of-the-art programming right here. We have met with a community, and the community

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has indicated its support for this use. You can see a copy of the meeting summary

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on your screen. It was unanimous support. The council member is supportive as indicated by

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the fact that she's introduced the remapping legislation and will be moving that legislation

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through rules committee and achieve final passage. The proposed use members of the board I would

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submit to you is in fact consistent with Mercy's Life Center use. Now, while this is educational

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programming, the Life Center use component also did include counseling, special services, as well

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as therapies and clinical care in many cases. So they're very similar. But again, because of the

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i2 designation a zoning board variance for this use right now is required i would submit to you

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members of the board that the proposed use will enable critical state-of-the-art educational and

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therapeutic programming to be made available for the special needs population and it fulfills

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not only that mission but it is complementary and compatible with assay's mission

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of community development and support.

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If the board has any questions,

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either I or Maria will be happy to answer them.

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Are you going to have Maria adopt your testimony?

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I will.

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Are we ready for that?

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Maria, would you unmute for a second?

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Thank you.

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Ms. Gonzalez, what is your position at ASE?

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I'm the president of the organization.

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And are you familiar with the proposal that's before the zoning board this afternoon?

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I do.

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And did you hear my presentation from the beginning?

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Yes, I did.

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And you heard all of it?

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Yes.

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Do you find the statements that I made to be true and correct to the best of your knowledge?

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Yes.

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And finally, would you adopt those statements as your own?

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Yes.

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thank you very much questions from the board your question um how are students um coming to the

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facility are they bussed um are they how are they dropped off are they maria why don't once you take

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that one it will be a combination of both there will be some children that may be bussed in um

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and there may be some that will be dropped off um in on the building on the lower um side facing

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on the southern part of the building there is a driveway and there is if you see to your left

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there's an opening there where um cars can pull in off the street drop drop off the children and

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they can proceed going down um and making that left down uh peltor street um that was a similar

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operation that we had with mercy life when they actually there was more activity because at

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But the highest point where they had full enrollment of seniors, they were serving 170 seniors at one time, and they were dropping off in front of the building because there's kind of like a drive-in, you know, pull-off area in front of the building and then through the side of the building.

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And here with Merrikey's operations, they're only going to be serving 50 to 70 students at the maximum.

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Great. And another question. I see there's an outdoor court, but I don't see any outdoor

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sort of space for the students. Will that be sort of gated off and you'll provide some outdoor

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space for them, or how's that space going to work? So, if you go to the floor plan right there,

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So if you go to the floor plan right there, so you see that gray area on the center, that is a gated courtyard for their use, and they're proposing to install, you know, swings and things like that, and that's gated from the street, so the children can, would not be able to leave that space.

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So you see that gray area on

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Great, thank you.

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Okay, questions.

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Yes, question, and this is just a query.

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So, the application is under, what does it say here, group medical, dental, and health practitioner and personal services.

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Yes.

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And not under some sort of, well, I don't know whether there's one for this, but for educational use.

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Right.

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So, I'm sorry, Ms. Guzman, I didn't mean to cut you off.

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i mean they're they're school children correct yeah so that's right yeah so if it was an actual

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school then they do educational facility if it was child care they do child care center

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but i think if they're providing like specific like uh any sort of like therapies or anything

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that then falls under the group medical and i think also the personal services if there's like

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trained like it's some sort of like training and things that they're doing that's typically

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how L&I breaks it out. Interesting. That's correct, Ms. Gaston. Hillary's correct. When we've made the

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application to L&I, we're very careful to include the group medical and health practitioner because

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of the therapeutic component, valuation components, etc. But because it is not a public school, L&I

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puts it down as personal services. That's why I wanted to go through the record and show the

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plans as clearly as I hope I did to confirm that this is, in fact, a school for special needs

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children. Okay. And then how do you find these children, or how are they directed to this

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facility. Maria, would you want one? Yes. So, they are, Merrikey has agreement with the local

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charter schools and public schools. So, charter schools, they have to accept all children,

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regardless of abilities and capacity. And when they have a child that needs special needs,

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usually they have a an agreement with a provider and they take that child outside of the community

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in this situation the child can stay inside the community and be able to get the services that

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they need in order for them to be successful successful in their academic life and also

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receive the proper treatment that they need in order to address their um you know their disability

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So they're really children from the community.

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Ms. Gonzalez, if I could just ask you one quick question, building on Ms. Gaston's.

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Meraki is an approved provider to the school district as well as to the certain charters you referred to?

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Yes.

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Okay. Thank you.

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Okay. All right. Any other questions?

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Thank you.

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Thank you.

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Questions from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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Do not see any hands, Mr. Chair.

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Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends a change in zoning at this location from the existing

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I-2 medium industrial to RM1 residential multifamily.

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The proposed use is in harmony with the previously permitted use on the site and with the surrounding

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residential uses.

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The Planning Commission recommends that the Board grant the requested variance for personal

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services.

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Thank you.

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i saw a couple notes we're ready to vote right

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uh yes we're we're fine okay sure yeah there's a couple notes but we're all good

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for sure m i 20 26 000 226 32 40 to 64 north hancock street i vote yes

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michael johns my vote is yes cheryl gaston my vote is yes sonetta graham my vote is yes

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my vote is yes thank you thank you thank you uh thank you is there anyone in the uh audience

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whose uh two o'clock case has not been called i do not see any hands okay so

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miss gaston has directed that we take a five minute break

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good afternoon everyone my name is bill bergman

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and I will be chairing this Zoning Board of Adjustment hearing.

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Zoning Board of Adjustment hearing. With me is our Vice Chair, Teneda Graham.

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With me is our Vice Chair, Teneda Graham.

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Teneda Graham, President, Mr. Chairman,

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our Secretary, Cheryl L. Gaston, President, Mr. Chairman, Board Member, Michael Johns, President,

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Mr. Chairman, and Board Member, Taya Nguyen, President, Mr. Chairman.

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Also present is our Attorney, Hillary Emerson, our ZBA Director, Ian Haggerty, and our Board

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Administrator, Lakeisha Dandy. This hearing is being recorded and will be posted on the ZBA

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