civus
Hearing video

ZBA Hearing - December 13, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Dec 13, 20236h 13m

century-long history as an apartment complex, this property, like many others similar to it

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around the city, is zoned RSD3, a single family zoning classification. As you'll note in the

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aerials, this is really quite a gorgeous old structure that was first built in the 1920s.

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I did include some additional photographs at Exhibit 14, and I'll just briefly scroll through

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them just so you can get a sense. Many of you have probably noticed this property as you've

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driven down Lincoln Drive in the past. Importantly, and as you'll see from some

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of the photographs, since my client purchased this property roughly a year ago, they've

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they've undertaken a long overdue significant renovation project of the interior.

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undertaken a long overdue significant renovation.

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And these are just some of the photos we show the community to show the before condition

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and the after condition of the kind of work that the owner has been doing.

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So again, just for context, this was the condition of many of the units when they purchased it.

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And these are the renovations that are still well underway in this property.

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to really bring it back to some life.

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As far as the units are concerned,

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I did include some past permits for the property at Exhibit 7.

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What I tried to do is just kind of highlight to direct your eye.

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But what I've been able to gather is that L&I has had documentation

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over the course of many decades

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showing this property containing anywhere between 57 and 61 units.

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most recently 58 in 1977. You can see, I probably should have made it a little bit of a thicker red

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line, but you can see if I go back 58, 58, and then we start 57, and 61.

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So there was apparently, from what we've been able to glean, a fire in the property back in the 1960s,

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And my assumption is that someone miscounted the units that were renovated back in the 70s.

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Ultimately, there is no clear evidence in any of the existing units in this building to suggest that any of the former owners impermissibly added two units at any time.

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Our assumption, based on all the information we have, is that the units have always been there and somebody simply miscounted at one point in time.

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So, of course, the hardship before the board today is really quite simple.

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Since this property is zoned RSD3, any zoning application for this property, now or in the future, is going to trigger the need for this owner to seek relief from the board.

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Funny enough, this building and its multifamily use predate the zoning code itself, since it was built in 1920 and the zoning code didn't come around until the 1930s.

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So it would really be quite an unambiguous hardship to convert this property back into single-family use.

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Properties akin to this one across the city are usually zone RM3 or 4, which of course would not require this type of relief for an inconsequential type of request.

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We, of course, submit that the proposed use is the least minimum and will not change the usage of this building in any way, but will simply bring the building's permitting up to date.

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It is important to note how critical these types of requests are to ensure that the city and particularly the fire department has an accurate number of the existing units on file.

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We do, of course, submit the proposal complies in full with each of the requirements of Code Section 3038E.2 that I will not address at length unless the board desires additional argument.

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Full analysis is included in my Memorandum of Law at Exhibit 10.

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So at this time, I'm hopeful my client representative, Isaac Shinerman, is available to adopt my testimony.

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Moni, Isaac, if you are there, if you could raise your hand and wait for the administrator to unmute you.

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They've been allowed to speak.

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Good morning. Good afternoon. How are you?

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

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Isaac Scheinerman, last name S-C-H-E-I-N-E-R-M-A-N.

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Right.

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

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I do.

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Proceed, counsel.

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Isaac, you are an authorized member of Downing Cliveden, LLC, and you're authorized to speak on its behalf?

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I am.

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And have you heard all of the testimony and evidence that I offered before the board today?

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I did.

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And do you agree that that testimony is true and accurate, and would you adopt that testimony as if you had given it yourself?

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i could not have done it as elegant as you but yes thank you if the board has any further

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questions we're happy to ask questions from the board no mr chairman no chair questions or

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comments from our attorney hillary emerson just a quick question um on the deed it notes that

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there's a second minor owner hwh collabs in llc um are they part of the same ownership group

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they are okay so so mr um schneiderman could speak on behalf of both

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Okay, so Mr. Schneiderman could speak on behalf of both?

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Correct, I can.

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Okay, thank you very much.

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Thank you.

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Questions or comments from the virtual audience?

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I have Charles Richardson with her hand raised.

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I have allowed him to speak at this time.

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Hi, Mr. Richardson.

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

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Good afternoon, Mr. Chair.

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Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Cindy Bass from 508 City Hall.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Please proceed.

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Councilwoman has no objection to granting the variance as proposed.

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Thank you very much for taking the time to cause.

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Is there anyone else in the virtual audience?

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I do not see any further answers.

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planning commission good afternoon i am paula p-a-u-l-a from below b-r-u-m-b-e-l-o-w

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burns b-u-r-n-s and i'm with this philadelphia city planning commission

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great do you swear on firm to tell the truth the whole truth nothing but the truth

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i do please proceed the comprehensive plan recommends a zoning map change to rm4

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residential multifamily use at this location. The proposal for the proposed dwelling unit density

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conforms to the recommended district. The City Planning Commission recommends that the Zoning

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Board grant propose the use variance for the number of dwelling units. Thank you. MI 2022-000-295-601

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West Cliveland Street, I vote yes. Proviso, maximum 60 dwelling units. Thomas Holloman,

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My vote is yes, with proviso.

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James Snell, my vote is yes, with proviso.

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Ishmael Shaheen, my vote is yes, with proviso.

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Thank you, counsel.

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Thank you.

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Okay.

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Number three, MI 2023, 002-414, 4900 North 11th Street.

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Bart Levy is the attorney.

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Recognition of support from the Logan Civic Association.

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There is a proviso, no exterior play space.

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Mr. Levy is coming back in as a panelist.

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Okay.

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Mr. Levy, if I remember correctly, I already swore you in.

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Could you just state your name and if you would identify your client in

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relationship to this property?

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Certainly.

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My client, my name is Bart Levy, B-A-R-T-L-E-V-Y.

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My client is Shirley Daughtry, who is the lessor of the commercial property at 4900 North 11th Street.

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All right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?

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Yes, Mr. Chairman, I do.

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Our vice chair has just a few questions, sir.

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Certainly.

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

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Yes, sir.

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

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I got the bulk of the materials in four days, and we got the RCO meeting just last night.

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If that is sufficient, we'll proceed.

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If not, yes, you sent it in already, right?

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Did you send it in?

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Yes.

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Okay, yes, please proceed.

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Okay. Let me see if I can share my screen.

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Hold on.

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It's interesting. There's no button. Oh, there it is.

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So this

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This is the refusal that we got.

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The project that my client envisions is taking an existing retail space, which is not being used at $4,900, and turning it into a children's daycare.

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The meeting last night was favorable to the extent that eight people voted to support.

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We had no dissent or no opposition.

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The project, and I'll skip right down to the plans themselves.

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The project does not envision changing or making any alteration to the structure of this property whatsoever.

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We're simply taking an area that was used as a retail establishment.

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We're simply taking an area that was used as a retail establishment and will now use it as a daycare area.

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I can show you photographs of the disrepair it is in now.

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One second.

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there will be one second

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is that picture uh come on that's it we that's what it looks like now yeah okay that's the

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entrance to the uh facility as it is now is that is that on your screen as well it is it is sir

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All right. I can show you any other examples of what it is now, but I'd rather show you what my client proposes to do with it, as she has in her other daycare center.

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This area here will be turned into essentially like a classroom and learning area.

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That's what the front of the property will look like.

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And this is essentially, you know, the inside of a daycare area right now.

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I would like to put my client on and have her answer any questions about the operation of this business that you might have.

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Because there won't be any.

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Why don't we bring her on to adopt your testimony, okay?

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Very good.

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Ms. Dauntry, are you there?

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They've been allowed to speak.

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hi could you state your name please and spell for the court stenographer

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my name is shirley daughtry s-h-i-r-l-e-y last name is d as in dog a-u-g-h-t-r-y

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right do you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes proceed counsel miss daughtry um did you you heard my statements to the zoning board is that

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right? Yes. Instead of adopting them right now, is there anything you'd like to add to that?

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Yeah, I would like to add that I am a licensed child care owner professional.

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I have been in business for four and a half years. I am located, my first center is located

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two blocks away, 4825 North Broad Street. And I am just looking to expand my center.

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This property that I leased out in March was referred to me by my pastor. And the owner just

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had like a vacant use. He did explain to me years ago, a lot of years ago, like back in the 1980s,

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um the building was leased for a child care center so once upon a time it was a child care

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center there and then over the time it just the the change of the they just changed the use

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a few times so i'm just hoping to get the building back um turned to a child care center

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so that i can operate a child care center in inside of the space and the floor plan that we

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basically uh submitted is that the floor plan you intend to keep yes no changes to the structure to

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the building whatsoever just make it nice and colorful for the children thank you mr chairman

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do you have any any other questions so hillary is that an appropriate proviso before i ask if they

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accept it so a couple a couple things on that one um it didn't look like there was any exterior

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space on the property for a play space to begin with um so i i don't think the proviso makes

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sense from that perspective if the applicant were to seek play space say on the the right of way

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um that would be something that would need to be considered by the streets department by the state

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and possibly by city council so i i don't think the proviso is necessary all right thank you

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Questions or comments from the board?

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No, Mr. Chairman.

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No, Chair.

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No, Chair.

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Questions or comments from the virtual audience?

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Mr. Chair, I have Charles Richardson with the hand raised.

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I have allowed him to speak.

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Mr. Richardson, as you know, you've already been sworn, sir.

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Thank you, Mr. Chair.

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State your name.

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Charles Richardson, Office of Councilwoman Cindy Bass, room 508 City Hall.

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So the proviso was that request came from the idea that the.

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the um proviso was that request came from the idea that the possibility could be that they could

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uh have some type of play space on that roof area above that's above the uh single story and i know

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that that was a major concern and uh that's why that was uh actually proposed and i'm just asking

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that if Ms. Daughtry, through Mr. Levy, can actually speak to that,

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that there is no intention on putting any play space on that roof area.

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Is that your intention, Ms. Daughtry?

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Is your intention to use the space on the roof as a play space?

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I'm sorry, I had to unmute myself.

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No, no intention on using the roof as a play space,

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on the inside space and if i wish to like expand outside i'll seek you know council um but no no

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it's ain't going outside use just our our business will be confined within the walls of the existing

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structure okay uh with that the councilwoman uh has no uh objection to uh granting the barriers

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thank you is there anyone else in the virtual audience

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mr chair i just wanted to add i didn't realize that the roof is what it had been discussed i

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assumed it was ground level but if some sort of like roof deck play area um was proposed

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that typically would require a variance because it would be a non it would be a commercial use

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as opposed to a residential use yeah of the the roof so i just wanted to put that on the record

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as well all right thank you is there anyone else in the virtual audience

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i do not see any further hands mr chair high cleaning commission

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hi i'm paula brumblow burns with the planning commission

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the comprehensive plan recommends no change to the rs3 residential single-family zoning at this

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location however the property has a documented history of commercial and multi-family the

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appellant has demonstrated sufficient hardship accordingly the city planning commission

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recommends the board grant the proposed use variance for a child care center thank you thank

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you and hillary one other thing uh do we put use limited to ground floor um we can do that because

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i believe there's two other dwelling units that are not involved right mr levy well to the kind

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of to the side and above um but i believe the lease specifically says ground floor for this

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