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Hearing video

ZBA Hearing - August 16, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 16, 20233h 50m

Why don't we tell him?

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now let's hold we'll hold on on this mr halliman if you're able to hear me please go back out and

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come back in please i'll call him in the meantime okay thank you

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we need him for all the add-ons

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Mr. Chair we have a hand up from Ronald Patterson um would you like to speak with him while we

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sure thank you

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good afternoon Mr. Patterson could you state your name please and spell for the court reporter

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okay

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Mr. Patterson?

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Mr. Chairman, are you hearing me now?

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Yeah, I can't.

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

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Ronald Patterson, P-A-T-T-E-R-S-O-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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Yes, I do.

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What case?

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Sorry if it was heard.

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I was having trouble logging on.

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1115 Frankfurt Avenue.

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um so i believe hold on one minute here i had a request for continence we continue that case

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i just wanted to confirm thank you so much okay thank you sir for calling in we appreciate it

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Mr. Thomas, are you able to unmute yourself?

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no chair he just um appeared and then he he dropped back out

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Okay. I just got off the phone with Mr. Holloman. He tried twice. The problem is he can hear us

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crystal clear, but we can't hear him. So he's going to come back in again and try it again.

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he's on the phone right

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lakish

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tina

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yes chair he's on the phone he's logging in

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Yes, Chair. He's on the phone. He's logging in through the phone.

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through the phone

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As soon as I see his number appear, I'll let you know.

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Okay.

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Okay, his number is here.

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Mr. Holliman, if you're able to hear me, please unmute yourself.

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You have the ability to speak as you wish.

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Can you hear me, Mr. Chairman?

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We can, Tom.

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So, Tom, it's case one, MI 2022, 007371, 406 West Somerville.

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I have voted yes.

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Ishmael has voted yes.

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Thomas Holloman, my vote is yes.

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Thank you, Tom.

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Number two, MI 2023, 002342, 1716 to 18 Addison.

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Appeal denied.

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Thomas Holloman, appeal denied.

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Ish?

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Yes, Ishmael Shaheed, appeal denied.

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Thank you.

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Number three, MI2023, 00910905 Diamond Street.

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I vote yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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MI2023, this is number four.

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MI 2023, 001-598-1500 North A Street.

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I vote yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you.

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We're going to go to our regular list, and we're going to start with number two.

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MI 2023, 001-861.

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on 1123 Jefferson Street. Joseph Consul is the attorney. There is a letter of opposition from

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Yorktown Community Development Corporation. Mr. Consul, could you please state your name?

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Yes. Joseph Consul. It's J-O-S-E-P-H-C-O-N-S-O-L-E.

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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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Yes. Could you identify your client, the relationship to the property?

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Yeah, my client is Jem's personal care and the representative on today's call is Moshri Childs, C-H-I-L-E-S.

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Okay. Our vice chair has just a few questions.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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

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Yes.

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Thank you. Please proceed and share your screen.

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Okay.

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Did that work, my packet?

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It's up.

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Okay.

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Good afternoon, Board. Joseph Consul here for 1123 Jefferson Street.

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uh 1123 jefferson street is zoned rsa5 we have a referral for a special exception to use the

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property as a personal care home for senior citizens not a refusal we have a referral here

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my clients gems personal care this is not a nursing home this is a uh they describe themselves

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and I will call Ms. Childs to better explain their business in a second, but they describe

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themselves as a place for seniors looking to stay independent while enjoying services and care of

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staff members. This home is 1,800 square feet. It's a four-bedroom home. It would have a maximum

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of five residents uh on the property at any given time again it's not a nursing home

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um it is a personal care home for seniors which is a special exception in rsa

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It is a personal care home for seniors, which is a special exception in RSA five, because we have a letter of opposition from the RCO, which I'll mention now and again.

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And then again, the vote was four to three in opposition.

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So we weren't like overwhelmingly it was not against us at this RCO.

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But because we have that letter of opposition,

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I'm just going to run through the criteria quickly

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for a special exception

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if this video becomes necessary in the future.

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So the zoning board must approve

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or approve with conditions

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the application for a special exception

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if it determines that certain conditions are met

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and the conditions of the objectors

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don't outweigh the conditions that are met.

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The conditions we have to meet

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For the approval of a special exception, first, congestion in the public streets or transportation system cannot be detrimental.

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We don't believe that this property housing a maximum of five people in a 1,800-square-foot, four-bedroom house will congest the public streets or transportation systems.

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The same thing, we don't believe it will overcrowd the land.

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The third criteria, impair the inadequate supply of light and air.

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There's no new construction happening, so the property is not going to change shape.

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Four, burden the water, sewer, school, or park system.

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Again, this is what I would call a normal or small-ish sized family that will, you know, amount of people that will be living there.

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So we don't expect that this will have any burden on any of those systems.

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Five, impair or permanently enjoin the use of adjacent conforming properties. This is likely to be a very quiet use. The RCO themselves were lamenting that this property was previously student housing and how loud that was.

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Well, we don't believe that four to five seniors will cause any kind of noise disturbances, at least none that will be any more than would be a family of a similar size.

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And certainly we would expect less than were it a bunch of students.

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Next, endanger the public health and safety.

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I don't believe that that is an issue.

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And then finally, inconsistency with the comprehensive plan of the city.

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The city, by making this a special exception in RSA 5, we believe is encouraging for these kinds of applications to be presented. And so we don't believe that using it as this senior living is against the comprehensive plan of the city.

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um so i'll move on from there to addressing the rco letter specifically as i mentioned

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it was four in opposition and three and three and non-opposition

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uh they present a list of issues that they believe uh that um a personal care home for

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seniors will generally have on their neighborhood. However, there's nothing about these objections

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that are specific to this property. And the special exception code in the Philadelphia

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zoning code reads that the objectors have a duty to present objective evidence that the proposed

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use will be detrimental more so than another similar version of the proposed use. So you can't

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just say all, the objectors can't say that all personal care senior living homes are objectionable

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because the zoning code is saying those are allowed unless you can prove that this specific

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use will be detrimental. And we don't believe that by listing these general issues that they have

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with the idea of a personal care home that they're presenting anything that should weigh

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the zoning board to deny our special exception. Next, I'll just run through the photos and the

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plans. And, you know, there are a couple of specific issues, but they really just relate

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to the old use of the property. Like I said, it was student housing. The landlord himself,

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who had showed up to the RCO meeting, lamented the fact that it had been student housing for

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a while because that was detrimental, but we believe this new use will be much better for

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the neighborhood. Quotas and plans. Interiors of the property, you can see it's in good condition.

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And then we have all the other documents attached after that. At this time, I'd like to call

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At this time, I'd like to call Masheri Childs to adopt my testimony and provide some testimony of her own.

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Machery Childs to

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Masheri Childs, if you're in the virtual audience, please unmute yourself.

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Chair, I'm not seeing any hands at this time.

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Ms. Childs, if you're on here, you have to raise your virtual hand.

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Okay, hold on a moment.

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I believe the hand is up.

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Maesheri Childs, please unmute yourself and wait for the chair.

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

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Maesheri Childs, M-A-C-H-E-R-E, last name C-H-I-L-E as in Edward, S as in Sam.

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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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Thank you.

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First off, Ms. Childs, did you hear my testimony just now, and do you adopt it as your own?

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Yes.

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Okay.

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Thank you.

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Would you just briefly describe your business to the board and the need for your business in Philadelphia?

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And you don't have to overspeak.

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Just give them a brief description.

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Okay.

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So, GEM Personal Care Home LLC is led by myself.

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I'm a licensed nursing home administrator.

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Jennifer Hampton, board certified nurse practitioner, and Sharika Davis, a licensed master in social

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work.

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Those licensures are specific to what we're offering to the community.

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Together, we boast over 15 years of collective healthcare experience.

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Our unique approach is to prioritize addressing the distinct health, social, and mental needs of each customer, catering to specific demographics in need of a safe, affordable housing and daily life skill support.

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We stand out our personalized model. At a time when Philadelphia right now is facing a daunting two-year waiting list for affordable senior housing, our single house can make a profound impact on an individual's life, ultimately enhancing their quality of life.

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We do acknowledge and understand that the community is concerned in regards to safety and overall traffic.

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We do affirm that we will hold 24-7 surveillance, maintain a presence of trained staff, and carry out a thorough background check for both staff and potential customers.

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We will have a visitation guideline to ensure safety and comfort for our customers and their families.

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The overall, you know, objective is to revolve around enhancing the community as a valuable addition.

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Our focus lies in seamlessly integrating our customers into the neighborhood and enabling them to thrive as responsible and individual involved residents.

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Thank you. I have nothing further.

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Questions from the board?

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No, Chair.

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Mr. Hallamann, you're free to speak, you're unmuted.

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Barron?

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Hi, I'm here, Chair.

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Do you have any questions?

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No, I have no questions.

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Okay.

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Questions or comments from the virtual audience?

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Chair, we have Mary Jones.

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They have been unmuted and allowed to speak.

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Good afternoon, Mary.

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Please state your name and spell for the court stenographer.

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Good afternoon.

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um it's mary jones m-a-r-y j-o-n-e-s um yes oh well from council president daryl clark's office

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okay right do you swear for him to tell the truth the whole truth nothing but the truth

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i do please proceed um yes well first of all there should have been a letter of opposition

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on record from the council president i sent it in a couple of weeks ago um at any rate um so

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i'm here on his behalf to speak for the community uh well not for the community but speak on

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their behalf i believe that some of them have called in as well but i just wanted to get on

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their behalf. I believe that some of them have called in as well, but I just wanted to get on

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the record that there was a letter. Just to sort of quickly address some points, however,

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the record

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as the attorney and the applicant have testified, this use is very much different from a normal

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single-family home. It includes all adults, plus the staff, plus visitors. And so all the

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concerns that were put forth in the community's letter should be, you know, taken seriously.

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And so the council president opposes the granting of this special exception.

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Thank you. Is there anyone else in the virtual audience?

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here are the other hands at this time okay planning commission

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good afternoon chair peter bernard for the planning commission

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