civus
Hearing video

ZBA Hearing - November 5, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Nov 5, 20256h 5m

Have you submitted your documents five days in advance of the hearing?

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Yes, I did.

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And the chair just read your refusal.

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Do you stipulate to its accuracy?

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I'm sorry, repeat that.

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He just read your refusal?

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Yes.

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Do you stipulate to the accuracy of his refusal?

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Yes, that's correct.

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All right, thank you.

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You can proceed with your case.

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And I understand we're going to help you with your, Ian Haggerty is doing your presentation

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for you on the screen here.

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Okay.

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So why don't you start?

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Tell us what you want to do.

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Um, so I would like to keep up. My fence is actually not at six feet. It's at 68. Once they

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placed the 68 feet. So once they, um, place the fence up, it took the fence down some in size.

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Um, when Ellen and I came out, my fence was not even measured. Um, we were just sighted on it.

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Um, another thing was when we went on the website, the fence wasn't put up to be malicious or

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anything like that it was put up because um when we went on the website it said anything above six

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feet we didn't read the fine print of it um but it is a privacy panel and it's in the front of our

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home it's located alongside so it comes from the wall at a house to the top of the grass it doesn't

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extend down to okay so mr haggarty could you start and could you i said thank you

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so why don't you that's why don't you start explaining now what you have uh so that's the

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fence um again like i say stated it's 68 feet and it's dividing my property and 44 24 and we

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basically put that up okay and that's the fence again it's three panels and as you can see it's

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not going down to the um to the curve and it's not blocking any views it's not a nuisance to

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the neighborhood or anything like that tell me what happened when you went to the rco

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when i went where sorry when you went to the community group oh um they call that the rco

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i just explained to them you know why i wanted to keep it keep it up at the time we was having a

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issue with an ongoing

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neighbor, which they wind up moving

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anyway, and

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it was basically put up to

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provide an area for

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my grandchildren when they come

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over to visit.

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Is there anything else you want to add?

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Well, could I swear you in?

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I could move it

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very close to you. You've got to pull it close to you.

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Please state your name and

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spell for the stenographer.

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Nathaniel Lockwood.

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First name's N-A-T-H-A-N-I-E-L.

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Last name is Lockwood, L-O-C-K-O-O-D.

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Right.

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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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Mr. Lockwood, what could you add to this?

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And when you stated we went to the RCA meeting, it did fall in our favor as far as the count-wise.

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So we wasn't aware of how far the war was going to go as far as this year.

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So, I mean, it did.

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They sent a letter.

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It's between 17 or 22 people in favor.

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okay is there anything else you want to add

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okay questions from the board

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I have a question

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are there any other fences

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like this on your block

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it is

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and is it like the exact same

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type of fence or is it like

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same exact fence and I think what the

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issue is that we're on a

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hill so all the other houses

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when you go down they're like

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I can't explain but my house

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is on a hill

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so our block comes up

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So the house is going down like this.

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So you're in the middle of the hill.

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Absolutely.

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Yes.

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So it makes it look larger than what it is, but it's actually not at six feet.

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It's not.

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I actually had the tape measure and we measured it.

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Okay.

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And the other question is, you said the reason for putting the fence up was because of disputes with the neighbor that's no longer living there.

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living there but also to you know enhance and increase our property value but what about the

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No longer living there, but also to, you know, enhance and increase our property.

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the neighbor that's living there now is there they have no issues at all okay did you get their

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support they just moved in maybe october okay yeah thank you other questions questions from our

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attorney hillary emerson not at this time mr chair questions or comments from this audience or the

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virtual audience no questions at this time chair planning commission

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thank you chair bergman and good morning david vecto f-e-c-t-e-a-u with the city planning

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commission you swear or affirm to tell the truth the whole truth nothing but the truth yes sir i

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do please proceed thank you sir uh chairman and board members the comprehensive plan recommends

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no change to the rsa5 residential single family zoning at this location the city rezoned this

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neighborhood in 1971 and a council-supported map change the appellant has shown that legalizing

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this fence will not injure the use of adjacent property the city planning commission recommends

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the board grant a proposed dimensional variance for fence height and opacity thank you very much

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so mi2024-003-935-4422 car within road i vote yes michael johns my vote is yes

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Cheryl Gaston, my vote is yes

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Tanetta Graham, my vote is yes

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Ryan McAdams, my vote is yes

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You have your vote

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Thank you

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Thank you

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You guys could leave

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You look like you don't want to leave

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Hi, Adrian

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Thank you

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Go ahead

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All right

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All right. We're going to do number six next. MI 2025 00311 6533 Keaton Sessing Avenue. Agner Kelly is the tenant applicant.

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They're being promoted to panelists, Chair.

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All right.

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Thank you.

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good morning good morning could you please state your name and spell for this stenographer

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yes my name is anya kelly a-i-g-n-e-r kelly k-e-l-l-y right do you swear or affirm to

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tell the truth the whole truth nothing but the truth yes um did you hillary are we still looking

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for proof of meeting and mailing?

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So, we did get, this morning,

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we did get a letter of support with provisos

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from the Southwest Philadelphia Consortium of RCOs.

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Okay, thank you.

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So, yes, so we can proceed with this matter.

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So, this application is for use as a group child care

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in an existing attached structure

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with other existing uses in the structure

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as previously approved,

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whereas the proposed use,

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group child care is not permitted

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in an attached structure in the RSA 5 zoning district. Our vice chair has a few questions

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for you, okay? Okay. Good morning. Have you emailed your documents five days in advance

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of this hearing? Yes, I submitted them on the website. Okay. And do you waive the reading

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of the refusal and stipulate to its accuracy? Yes. Okay. Thank you. You can share your screen

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to proceed with your case. Your screen's coming up. Okay, you're up. You can start your presentation.

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Okay. So the name of my daycare is Guardian Angels Family Daycare. We are located at 6533 King Cesson Avenue. Our hours of operation are currently 7.30 to 5.30 p.m. We are on site 7 a.m. to 6 p.m. just to prepare the classroom, clean up, and the closing duties.

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uh weekend care is not available um the children are served hot and cold meals breakfast lunch and

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two snacks um we do have the interconnected fire alarm system um and my current uh certificate

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of compliance expires january 2025 i'm at 2026 sorry and um

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Expires January, 2025. I'm at 2026, sorry. And my renewal window is between November 7th through December 7th.

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I have pictures of, let me try to make this happen.

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These are pictures of the outside of the property sitting right in front of it and directly across the street.

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These are pictures facing the park, which is McCreech, and then the opposite way, which has the trolleys.

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This is one photo of the backyard, which we do use to take the children outside.

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This is the front view of the backyard leading back into the home and the stairwell.

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This is the basement. This is what I'm trying to get approved.

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So we do have an emergency exit, and that is the emergency exit walkthrough that leads out into the backyard.

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This is my evacuation map that shows us in the classroom, the stairs leading back upstairs to the first floor,

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as well as the door, which I previously showed on the other picture, the door and the exit leading out to the backyard.

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um this is this is a view of the classroom downstairs that we are hoping to get approved

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um these are the steps leading back upstairs to the first floor classroom

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uh we do have a bathroom downstairs we have a toilet and then we have a um a portable sink

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and these are pictures of the closet which we had built around the um hot water tank

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so the children don't have any type of access to it.

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These are pictures of the main floor classroom.

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These are pictures leading to the upstairs bathroom,

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steps leading to the upstairs bathroom.

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This is the upstairs bathroom on the second level.

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We do have the trash in the backyard.

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It is currently blocked just by a fence pending approval.

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We are hoping to get something better to just block the trash can a little bit better from the children.

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Trash is picked up through the city on Fridays and recycling.

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And then we do have available parking because their houses stop.

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I forgot what's the address directly across the street.

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But we do have a vacant lot across the street directly from us with the train behind it.

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so the um the parents do have ample amount of parking if they need it to be able to stop

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directly across the street from us and that was the last slide

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Ms. Kelly, do you have anything else to present?

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No.

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Okay.

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Questions from the board?

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Yes.

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Yes.

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Yeah, I have a question, a couple of questions.

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how often are the children in the basement um so we're hoping that this would be the three to

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five year old room um so they would typically be down here um after morning drop off and then

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um when it's time to be picked up uh i noticed there are no windows in the basement

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um there's a small window in the bathroom and then um just a um

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a window and the not the utility but like the front of the home there's a small window

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right so there's there's really no natural light where the children aren't going to be all day

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they're basically in a basement with no natural light okay um yeah so that's a concern for me

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the exit out is a bill cold door which is i have one at a house that i have and it's kind of

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difficult sometimes to open from underneath so that's a concern for me okay and the width of

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your stairway to the basement is not three feet so that's a concern for me so it's just a general

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concern of having children in a basement with no light and um other things that are kind of iffy

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I have concerns.

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Okay, so what age children are we talking about here?

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I currently have the license for one through five, but in the basement area, it would be preschool, so three to five.

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But in the basement area, it would be preschool, so three to five.

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Okay.

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And I have the same, I have the concern about the staircase there for the children.

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And the backyard, which you're using for play area, is that just concrete there?

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On the ground?

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Yeah.

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Yes.

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And we also take them to the playground McCreech as well.

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okay but the but the backyard itself you do use it as a play yes yes yes like that okay um all

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right and then um i i'm concerned about that i mean it looks like you know you can you can put

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down um what's that the rubberized little um play play mat oh yes we normally do have those it just

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We just have to take it up just because of, like, the weather and everything, but we do have those.

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Yes.

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Oh, all right.

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Okay.

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And then I guess my concern is about, again, the no light in that basement, but also about fire safety.

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usually you would need to have at least two means of ingress and egress and for certain age children

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