civus
Hearing video

ZBA Hearing - April 22, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 22, 20267h 16m

photos of the property as well as the floor plans indicating the existing conditions

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as well as the changes that we'll be making to allow for proper traffic flow our streets

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department approval letter the notice excuse me the letter that we received from the rco

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stating their support for this project the deed tax clearance and overhead views of the property

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let me get into full screen mode here so you guys can see this a little bit better

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okay so again today we'll be discussing 629-31 church lane so there's a couple things that we

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are looking to do here my client owns 601 to 607 church lane in addition to 629-31 it

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engulfs a large portion of this block so what we're looking to have is a unity of use to allow

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for traffic to flow through the property for pickup and drop off for the daycare and you'll

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see through the presentation as we go through the floor plans exactly what i mean by that

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um and we also have 629-31 church lane which is where the actual daycare facility will be located

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and we did receive a refusal for the proposed use of the child care center as you can see here from

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the notes this was previously a school nursery the use has been ongoing for quite some time

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you'll see in the photos that it still is inclusive of child care um excuse me inclusive of classrooms

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and bathrooms so it has had this use for quite some time the neighborhood is used to be used to

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it being used in this manner as well so it won't be onerous or any sort of a nuisance for them

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just going to zoom out that we can

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move on through the presentation again we did meet with the rco on march 17th and we did receive

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a letter of support as you can see here and here we have photos of the front of the property again

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this is a pretty large property it's well over 6 000 square feet for the building itself and it's

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on a large parcel of land there is photos of the rear here so as you can see there's already some

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play area for children again this is a prior existing use and we're just looking to revive

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that use so we have a little basketball court a jungle gym and here are just a few more photos

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of the rear of the property as it is currently and i apologize for the quality of the posting

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photos we had a little bit of issues here but the property was posted in a timely manner

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and this is just a photo showing the easement that we're going to be or the area where the

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easement will be located um for the cars to do the drop off and the pickup this will make a little

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bit more sense in context when i go through the floor plans and the site plans and this is just

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a curb cut along musgrave street so for a little bit of context the traffic will flow through along

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church lane to the rear which is musgrave here and this is just a photo of that musgrave

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exit so here we have the plans for the property again this is a very large parcel so the property

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is located right here that 629-31 parcel is located right here for the daycare use there

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is an apartment complex that is adjacent that my client currently owns the 601-607 church lane

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property and we are going to have that easement that i mentioned before where it flows all the

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way through so there will be a drop-off in a pickup area to ensure that there's no issues

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with traffic or impact to neighbors as parents are dropping off and picking up their children

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again along musgrave avenue you can see here that we have this existing driveway in the curb cut

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that you saw the photo of previously that allows for the cars to come through from church lane

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through musgrave avenue or musgrave street excuse me when exiting

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and here we just have the floor plans again there are several classrooms that we have here

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we intend to have about 81 children within this facility we are going to have nadira who should

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be on the call just walk through some of the operations and answer any questions in regards

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to the operations um the ratios that we're looking at depends on children's age so generally speaking

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for infants there's one employee for every four infants for young toddlers one to five for older

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toddlers one to six preschool is one to ten and then grade school children it's one to twelve

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as you can see we have one two three four five classrooms there is a small kitchen area we will

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not be having any cooking that's available on site that would be handled through a third party

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parents also provide meals for their children should they decide to do so and here we just have

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a few photos of the classrooms as they are currently and a photo of that kitchen area

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and a photo of that kitchen area that i mentioned there is no cooking on site

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that i mentioned there is no cooking on site so it's

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so it's really just that sink area with the cabinet and this is the floor plan for the second

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floor again we have several classrooms available here six in total and we have two bathrooms that

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are also available and more photos of the classroom area and we have the third floor

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which is one classroom there is a little bit of storage here as well as a bathroom

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and here's a photo of that third floor

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this is the existing site plan as i mentioned we are 629-31 church lane for the daycare itself we

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have an apartment building on that easement and the curb cuts along church lane as well as musgrave

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street but again part of our proposal is to allow for that easement and the cut to go through so

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this is a depiction of the plan or the site as it is currently

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we did receive streets approval already for this just zoom out a little bit here

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this is a notice that we sent for the march 17th meeting and it was sent on march 5th

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our notice of refusal which was included again we are requesting to have the daycare use revived

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here um i did mention that we're going to have the unity abuse as well for 601-07 church lane

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along with 629-31 we do also have nine off-street parking spaces that will be provided

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as one as well as one handicap accessible parking space

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A list of the properties that were notified, our certificate of mailing, the application

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for appeal, our project information form, as well as the deeds of the 629 property.

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I believe we sent over the 601 deed as well for the board's request, and we also have

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the easement agreement between the two lots and our certificate of tax clearance and our zoning

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maps so with that um if i could have nadira promoted to a panelist in anticipation of

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any questions the board may have regarding the operation of the facility can you see

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your client's name again nadira burlark okay yeah she's coming back in as a panelist thank you very

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much thank you and i also will need to have guy promoted um he's a property owner nadira is the

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operator of the facility okay hello can you guys hear me i can could you please state your name

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is spelled for the stenographer give me one moment i was i can't hear you very well i had to turn up

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the volume can you hear me now yes i can okay uh number one could you turn on your uh video if

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possible yes i can give me a moment i apologize my background i am at work hello hi um state your

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name and spelled again please my name is nadira burlark it is spelled n-a-d-i-r-a last name is

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burlark b-u-r-l-a-r-k do you swear or affirm to tell the truth the whole truth and nothing but

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the truth yes counsel um if i could also have guy promoted as a panelist he's the property owner

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how do you consider that my testimony thank you guy yes this is guy malul hi could you please

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state your name and spell for the stenographer sure my name is guy malul it's g-u-y malul

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m-a-l-u-l i am the owner of church lane llc the owner of both properties 607 dash

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i'm sorry 601-607 east church lane and 629-31 east church lane all right do you swear or affirm

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to tell the truth the whole truth nothing but the truth yes i do counsel thank you guys did

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you hear my presentation today yes yes i have thank you nadira when was it and was it true

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and correct yes it was and would you adopt it as your own testimony yes i am thank you

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with that we'll answer any questions that the board may have sure have you done nadira yet

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With that, we'll answer any questions that the board may have.

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oh i'm sorry nadira yes um did you hear my presentation today yes i did and was it true

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and correct yes and would you adopt it as your own testimony yes thank you questions from the

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board yes okay now you've done this before you've had daycare centers a daycare center like this

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before yes oh i'm sorry are you speaking to guy malul or to nadir i'm asking the operator okay go

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ahead all right oh i'm sorry you're asking me or you're asking guys if you can tell the board

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your experience with having daycare facilities please so i am currently the director for serenity

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early learning center um i have been in this i've actually been in this field for i want to say

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roughly 10 years so i am familiar with the overall basics of running a child care facility what's

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required um i'm not too familiar with the zoning process usually that's handled by the owners i'm

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usually just the person that's managing everything inside once everything is completed and the center

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that you're involved with now how many children are there so our license capacity is 59 at the

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moment we have roughly like 42 at in total enrollment at the moment okay so this would be

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an increase too you're talking about 91 yes but this is not our first this is not our first

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facility we do have another location as well um we do have another location as well okay all right

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And then what age children are we talking about here?

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So it really depends on which, honestly, it really depends on the children that's being presented.

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We're looking mostly for toddlers, preschoolers, and school age, though.

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Okay.

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And so you're not helping me here.

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I'm trying to get a sense of, you know, how many children are we talking about in certain age groups

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because, as you would know, there are different fire code requirements for children that are not considered capable of self-preservation, which is generally like toddlers.

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so so we're talking also uh usually they need there's a requirement that there be

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a certain number of means of ingress and egress um for those kind of age children so

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i'm just trying to get a sense of is this facility set up so that um those kind of um

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issues have been considered so it really depends too on the children that are coming into the

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facility we can't go based off of the children and we can't really go based off of you know

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what's unless we have the children in the facility so i mean we might have more toddlers you know

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than we do preschoolers you know it's really hard to say it really determines about the enrollment

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Ms. Gaston, if I may, we have our architect on this call as well.

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I think he's better equipped to answer these kind of questions pertaining to the ingress and egress from the property and the fire alarm systems that are being installed or will be installed in the property.

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Is Bilal around? Can he get into the conversation?

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Council? If we could have the law promoted as panelists and in the interim I would just state

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that we want to make sure that the property is code compliant so we would make sure that any

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children that we do have coming into the facility we're not allowing for them to be over the staff

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ratio that's required by the state. Right and I'm not concerned so much about well I am concerned

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about the density in some ways but um there are um different requirements um for uh certain age

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children and i'm not hearing that we're making the necessary um arrangements for that you know

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to tell me that you're not sure of what age children i mean presumably you have a plan for

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what age children it is that you are trying to have at this facility, and I'm not telling

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you what they need to be, but there are different types of requirements for some of the younger

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for some of the younger children because, again, they're not capable of self-preservation. So if you're planning to have classrooms on the second floor with them, that's a problem, you know, and there's generally some extra care that's taken to make sure that there are adequate means of ingress and egress from the property for those because they're more vulnerable.

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children because, again, they're not capable of self-prisoning.

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so i'm just asking if oh okay i understand so generally so yeah in cases like oh yeah so

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generally in cases like that i do apologize um younger top we would avoid from having any type

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of younger toddlers or even preschoolers on upper floor on higher floors because of situations like

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that um typically they would always be on a first floor that's the most essential area for uh more

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convenient for them to get out easy access school age and our older ones would mostly be on the high

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on the entire floor so anything upstairs okay uh miss gaston if i may frame this uh discussion

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uh in a little bit broader view if i may okay so as i mentioned uh weird what happened to the

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architect no no he's right here i was waiting to be sworn sure could you please state your name

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and spell for the stenographer sure my name is bilal bakai spelled b-i-l-a-l last name b-i-b-a-q-a-i

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you swear or affirm to tell the truth the whole truth nothing but the truth

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yes i do clementa you want to take charge of this conversation sure below i have the floor plans for

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the first floor here could you just walk us through the ingress and egress and how it is

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equipped for children child use and any safety concerns regarding fire sure so

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the building was previously used for schooling use so you can see the

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classroom layout as is and we have the main entry and multiple forms of egress

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so there are two rear exits and a fire stairwell that's been already in place

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So, we have, and there are, there is a fire alarm system that's already in place for code

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compliance.

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Okay.

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All right.

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Thank you.

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Any other questions?

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Questions from our attorney?

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None at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission.

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Amy Boyd, the Planning Commission.

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The Comprehensive Plan recommends a change in zoning at this location from the existing RSA 1 Residential Single Family to RM 2 Residential Multifamily.

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The proposed use is consistent with documented prior use.

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The Planning Commission recommends that the Board grant their requested variance for Trads to our center.

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MI 2025-007-447-629-31 Church Lane.

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I vote yes, with proviso. Certificate of occupancy to be obtained.

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Michael Johns, my vote is yes, with proviso.

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Sheryl Gaster, my vote is yes, with proviso.

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Tanetta Graham, my vote is yes, with proviso.

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I am McAdams, my vote is yes, with proviso.

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Hi, Owen, my vote is yes, with proviso.

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Thank you, Counsel.

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Thank you, Boyer.

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Number two.

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Thank you, everyone.

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Thank you.

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MI 2025-005220.

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1517 Solly Avenue. Darlene Treat is the attorney.

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Inanimous support from the Ron

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Hearst Civic Association.

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Darlene Treat has been promoted to panelists.

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good afternoon commissioners darling on behalf of the owners just for the records please spell

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your name for the stenographer? Darlene, P-A-R-L-E-N-E, Freak, T-H-R-E-A-T-T. Do you swear or firm to tell the

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truth, the whole truth, nothing but the truth? Yes, I do. And could you identify your client

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in a relationship to this property? My client is the owner on the line today. Her name is

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Emiliana Van Jet. Okay. Our vice chair has a few questions. Good afternoon. Have you submitted

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your documents and exhibits five days in advance of this hearing yes although the board wrote me a

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yes although the board wrote me a email yesterday and asked me to submit

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email

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two other documents which i did submit okay thank you and do you waive the reading of the refusal

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and stipulate to its accuracy yes i do okay all right thank you you can share your screen and

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proceed with your case.

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commissioners can you see my screen yep very good okay commissioners i'm representing the owners of

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1517 sally street i did submit a package of information which contains the syllabus the

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refusal an appeal that property information form general information about the property

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the settlement sheet tax information pictures cosmetology license plans community flyer the

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community letter a petition of support a meeting summary a letter of support and subsequent to my

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original submission the board indicated that i did not submit a deed and at the time i really

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couldn't find one but i did submit a settlement sheet so i did submit a bad copy of the deed

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they also asked me to submit a interior photo which i uploaded uh yesterday

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as well as an additional picture of the posting, which I also uploaded yesterday.

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