civus
Hearing video

ZBA Hearing - July 20, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jul 20, 20224h 5m

Let me know when I can start, Mr. Chair.

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So, Vern, you've already been sworn.

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Could you identify your client and their relationship to the property?

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My client is Mr. Tim Lippick, and he is the owner of the property in question.

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Our vice chair has a few questions.

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Yes, sir.

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Mr. Anastasio, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral?

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photos under plans of the property five days in advance of this hearing, and have you met with

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the RCO, and do you have a letter? I do. Okay, great. You may proceed and share your screen,

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which is up. Thank you. Thank you. Thanks. So we have five lots here that we're proposing to

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relocate the lot lines. Let's take a look if I can, I don't know if it's below us or

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next to us, but I'll find it. My apologies. And what we are requesting is two lots.

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Lot number, this one, large lot here, which is already an existing structure that straddles

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most of the lots. And then parcel B, which is right here. And it would be, it's an empty space

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right now and it would cap off a row of row homes it is only 11 feet wide and 21 inches

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but my client would and would like to use that lot and erect a single family home which would

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be consistent with the use on the block although it is more narrow than most of the the the homes

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on the block. Right now, it's just collecting dust and debris and weeds and just all the wrong

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things. So here we are with the plan. And our architect was able to build, to design a basement

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plan with a laundry and a basement with utilities, a living room that's, you know, all open sort of

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format with a kitchen that's more like a galley off to the rear yard for trash storage.

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We've got two bedrooms on the second floor, another bedroom on the third, and a roof deck up top.

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So even though it is more narrow than the traditional row home, we do in fact

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provide a plan for a livable space. Let me give you a bird's eye view.

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So these are five lots altogether. This very large property building sits on four of them.

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Right here where my cursor sits is where the lot in question sits. Again, it's on the end of a row

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of relatively short townhomes.

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As you can see, the original townhomes

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were no more than 20 feet deep,

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and then additions were added later on.

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This is an older part of the city.

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Again, here's another view

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where we would just have one other townhome

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that connects to this townhome right here

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where my cursor is,

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where there's a red brick facade.

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It would just be one more row home right here.

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Here's a better view of it.

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It would literally connect to this townhouse right here, a row home townhouse.

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There's no real difference except for price, right?

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You pay more for a townhouse than you do a row home.

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Here's proof of posting.

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You know, we did meet with the community twice, 136 individual neighbors were in fact mailed.

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Here's a copy of the mailing.

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You know, the I understand the RCO's opposition is that they just like to keep it the way it is.

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But unfortunately, it's a real nasty alley that collects a lot of trash and with the wind and debris.

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And it's been an approved lot by the Planning Commission.

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And as a result, we would like to build on it.

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It's a buildable lot, and we can, in fact, continue the use for residential single-family

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development.

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Otherwise, it would just be laid barren, and we just don't understand why that would be a benefit to anyone.

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Otherwise, it'd just be laid barren, and we just don't understand.

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And with that, I'm going to rest. I'm going to ask Mr. Tim Lippick to raise his virtual hand.

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Why, could you state your name, please, and spell it for the court reporter?

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No one has their hand up at this time.

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i have timothy what is it is timothy l-i-p yep that's it okay thank you you're welcome

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hi could you state your name please sir and spell it lipchinsky lipic l-i-p-p-i-c-k

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

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Yes. Thank you. Thank you, Mr. Chair. Mr. Lippick, did you hear my presentation to the board today?

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Yes. Is it true and accurate to the best of your knowledge? Yes. Do you adopt it as your own

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testimony? Yes. Are you ready, willing, and able to enter into any sort of construction agreement

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with any adjacent property owner to ensure the integrity of their properties while you build

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this home yes thank you very much i have nothing else mr chair questions from the board no mr

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chairman no mr chairman no mr chairman questions or comments from the virtual audience

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i see no handshare planning commission so ron bednar city planning this property is currently

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indicated for residential use on a city plan. The district plan recommends no change to the zoning

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at this location. Proposed reconfiguration would create one lot for the existing building, take some

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of the parcel that extends to the rear and combine it into one lot to be developed as a single family

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home. The resulting lot would be undersized in both width and open area. The hardship is self

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created by creating a new non-conforming undersized lot. Therefore we recommend the

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request for variance not be granted. Ryan, you say that I didn't hear your last part votes.

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Therefore we recommend that the request for variance not be granted. Okay. MI 2021-003-963-425-31

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East Wildey Street. My vote is no.

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Carl Tenere, my vote is no.

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Thomas Holloman, my vote is no.

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James Snell, my vote is no.

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Thank you, Counsel.

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Thank you. Have a good evening.

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All right.

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MI 2021-003-842-6576 Beaumont Street.

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Camila Daryl is listed owner. No exists. Exhibits. Second listing.

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You're coming back in as a panelist.

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Why could you state your name, please?

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i'm sorry chair i've tried to promote them several times but i'm unable to

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miss sunkett

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i can try too fatina what is the person's name a d e o l a okay

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all right

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thank you fatina

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thank you pauline

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ma'am you're free to speak hi could you state your name and spell it for the court reporter

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please hello

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she should be coming in now or they should be coming in now we're good we're okay i'm gonna

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ask them to unmute please unmute yourself name starting with the a all righty hi excuse me

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excuse me mr chair this is hillary this is the applicant for number eight spencer avenue

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not for beaumont street yeah i i'm looking for beaumont street i'm sorry one moment here

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Camelia Daryl, D-E-R-R-E-L-L.

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Doesn't appear to be anyone, right, Latina?

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latina no chair no masonka there's no one listed by the name okay so this was the

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No, Chair.

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No, Ms. Sunkit.

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There's no one listed by the name.

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it's the second listing there's no exhibits mi 2021 003 842 6576 beaumont street i vote to

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dismiss i vote to dismiss thomas halliman i vote to dismiss james snell dismissed thank you number

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eight mi 2022 001 357 901 west spencer avenue no rc meeting was held applicant reached out

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to the coordinating art rco multiple times um adelia ilyemi applicant pro se

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ma'am you can unmute yourself please

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good afternoon hi hi could you state your name and spell for the court reporter please

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my name is adiola a as in alaska d as in david e as in edward o as in ohio l as in larry a as

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Alaska, Areola.

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That's my false name.

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Okay, all right.

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Do you swear for him to tell the truth,

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the whole truth, and nothing but the truth?

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Yes.

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Okay, our vice chair has

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a few questions for you.

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Hi, Areola.

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Have you emailed the exhibit packet

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with proof of ownership,

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tax compliance,

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a copy of refusal or referral,

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photos and or

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plans of the property, five days

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in advance of this hearing and have you met with the RCO and do you have a letter? Yes, I do have

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a letter and I have all my documents. I spoke to the RCO. Let me read this. If this is an

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application for use as a child care center in an existing structure with other previously approved

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uses, there are no signs on this permit. There's one use refusal, whereas the proposed use a

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child care center is expressly prohibited in the rm1 zoning district then it goes on to say no rco

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meeting was held mr charity want me to read all of that we're fine with that just the caps

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okay done okay you may proceed excuse me this is hillary um miss um elemi could you uh turn on

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your camera, please. Okay. Thank you. Okay. And could you start presenting? Show your

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documents? Yes, sir. So the first document I'm going to show you, it's going to be the

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the plan the plan of the building uh when you this is the front part so uh the which is the

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first floor the whole building is 3,400 square foot building square foot so when you come into

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the building this little uh top lot is a small one that uh the kids can play then you go through

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the door it's a metal door the fire alarm door when you go in the office is right there the

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utility uh room is on the side and then when you go you go straight it's the big class it's a very

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big class it's about 8.6 um 36 square foot and the building do have two toilets two huge uh big

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toilet for the kids to use and then on this i'm trying to move forward a little bit

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okay so there's another big room on this side and the total classroom in that place is three

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classrooms two are very very huge and then the other one might be used as a baby room

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um there's a lot of parking lot for the parents uh to park their car when they drop the children

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and also uh there's enough uh space for the children to play uh this is the picture of the

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room one of the room so when you come in you come in through this door right here right then you

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see the whole big room on this side is going to be the kitchen but which i intend that i'm not

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which I intend that I'm not going to be cooking.

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going to be cooking our

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I'll be getting food from the state.

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So the only thing we just have to get,

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it's going to be commercial microwave

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to warm the children's food.

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And so this is still the room, the first room.

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On this side is the toilet.

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It's a toilet and a bathroom.

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And on this side as well is a toilet.

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And this is the exit.

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this door right here leads you know leads to the outside goes outside so it does have like

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three three exits that leads outside so and then this is the second room it's another big room

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then this door right there goes out to the compound this little door goes in the uh in the building

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that when you come in on this side it's going to be the office so it's a little door that the kids

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can naturally come through this door as well and this room has another door that leads outside

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this is the door it goes out so that's like four and goes above so this room might be the baby room

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and then the number of babies that can be in that room it's they can give me four babies in that

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room here the day which is this is the room and that's the door that leaves outside

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and this is the office this is the office when you come in this is where we're going to keep

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all the documents for the staff and for the children this is the bathroom that i told you

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the first bathroom that has the toilet that has a bathroom so that's the first one

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and this is the second bathroom so it does have two toilets for the keys to use

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and this is you know when you come in the building this is the door the door that goes in

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in the big room and this is the this is the compound so when the parent comes in that's

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gate the actual gate has a lock this at the neighborhood when they come in the parent can

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park on this side and they can also park on the side it's a very big lot and the children can play

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on this on this little secure place is that concrete yes yes ma'am it's concrete it's concrete

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so we can just put like a little uh toy like bicycle if you look at it like a little bicycle

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and then like a kitchen pretend play kitchen in there so it's not going to be like a major

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like a major play if i if i decide to put like a bounce house or swing then i'm going to put a

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carpet a secure carpet the grass carpet for children so that will protect them when they

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you know when they want to play then they won't get hurt so i can always get that from home depot

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and as you can see it's really secure for the kids so i can put a little gate right there

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so for them to play and that's a pretend the pretend play kitchen right on that side so it's

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it's actually being protected from you know from the law that you can play where the cars gonna

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to be packed. So that's the building. I'm going to show you

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other documents. And this is the certificate of tax clearance

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for the building. The building is owned by Moria Hayton Baptist

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Church. So ended up. And this is the date. This is the

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Confirmation number and I see,

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and this is the commercial lease,

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the lease that I signed, it was signed October 27, 2020.

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This is still part of the lease.

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how many children

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oh so it's 48 when the architect drew it it's 48 kids that can actually fit in that class

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in the whole classroom in the building

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and that's the least

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so this is the refunza letter that i got

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and this is the this is the letter that we sent out to the community so i

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that we sent out to the community so i uh to the rcu

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the refusal letter and then

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okay this is the letter to the community so i i sent out at the post office stuff

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