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Hearing video

ZBA Hearing - February 7, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 7, 20245h 5m

Why don't we, why don't you start your.

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Thanks.

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Share your screen and we'll start.

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I've already shared my screen.

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Can you see it?

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Yeah, I can, sir.

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Okay, thank you.

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5844, come back.

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This is a pretty straightforward case.

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This has long been a child daycare, child dancing school, child oriented operation at this home.

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My client simply would like to be able to use all the floors and the basement for that use.

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At one point, it was, in fact, these are the floors, by the way, second floor, third floor, first floor and basement.

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Currently, when we put it in for the application, the basement level was not was no longer apparently able to be zoned for the for the use.

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and that's why we're here. This is the building itself.

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There's entrance to the basement from the exterior.

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Some other exterior shots. Here's some interior shots.

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So, it's a very well-regarded, this was taken over by my client and it had become one of

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the gold, blue metal, gold star daycare centers.

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The first time since there's been a daycare center in this building that has gotten that

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kind of recognition since my client took it over, revamped the operation.

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It's a real amenity to families in the neighborhood.

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And we'll continue to show you some additional interiors.

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They provide daycare, after-school care, breakfast, lunch, even a light dinner when necessary.

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It's owner-operated.

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She works here.

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She manages the property herself and the business.

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and i'll spare you the additional interior photos we have a lot of them we've got proof of posting

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this is the letter that went out to all the near neighbors

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we also did a custom flyer at the request of concern community

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We sent out to 111 individual households.

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The RCO meeting was very well attended, approximately 25 individuals.

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Overwhelming majority of the folks support the continuation of the business.

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Many of those immediate neighbors that have their children go here.

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And here is the prior use.

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this is from 11 years ago

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and we've got proposed expansion of the daycare

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to the basement and third floor

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with the existing daycare on the first and second floors

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and this was approved like I said 11 years ago

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at some point that use

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lapsed

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so when my client submitted for the use application

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believing that she'd be able to get it as a matter of right

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she received the refusal uh this was the refusal data 2012 that ultimately led to the zoning

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appeal which was granted by this board or the board at the time

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When she tried to pull the permit again, it generated the refusal.

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when she tried to pull the permit again it generated the refusal

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So we simply want to have exactly what there was attached to this property in 2013, the 2013 permit, which is the daycare center to be extended to all the floors, including the basement.

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That's it.

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And that's exactly what we're doing now, only without the use of the basement.

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illegal property addresses 5844-46 come back on the property itself you know the address plaque

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the owner decided to put 5846 which is their right there is no real 5846 on the tax rolls

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though the tax rolls are for 5844 this is a consolidated lot which is why you have a double

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address. Right there, 5844 and 46. Hillary, does that answer our question about the address?

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Yes, Mr. Chair. I had looked into the address previously when questions were raised by

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the RCO, and it appears that that was a former address. If you look down,

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um i don't know if one one oh wait one moment please um if you look at if if uh mr anastasio

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is on atlas you can scroll down further but on the license and inspections tab it indicates that

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there are no records for this address so you know this this this address actually and it even says

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here exists as part of 5844 north camax street okay um so yeah we're we're fine yeah i'm putting

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my cursor around the partial address it's actually the legal address is 5844 of course it reverts to

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5846 on atlas because it's a consolidated lot bern do you want to bring your client on yes thank you

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miss pearsall can you please raise your virtual hand chynel pearsall has been unmuted and allowed

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to speak chair hi could you state your name please and spell for the court stenography

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N-E-L-L

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Pearsall

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P-E-A-R-S-A-L-L

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Do you swear or affirm

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the whole truth and nothing but the truth?

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Yes.

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Please proceed, Counselor.

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Thank you, Mr. Chair. Ms. Pearsall, did you hear

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my presentation to the board this evening?

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Yes.

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And is it true and accurate to the best of your knowledge?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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I have nothing further, Mr. Chair.

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Questions from the board?

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No, Chair.

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No questions, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Just a couple little things I just wanted to clarify for the record, because I know there was some confusion on this case.

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So I looked up the zoning history, so I was a little bit confused how the history is written on the refusal.

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and it looks like there was a permit a youth permit pulled after the one that mr anastasio

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showed a couple it was pulled a couple months later that actually removed removed the child

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care use from the third floor and the basement so i think that's how we we got here is it was

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approved and a permit was issued but then somebody went back and decided to just use the first and

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second floor um so just to clarify um that's i guess how that's how we got here um the other

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the other thing i just want to mention this is also um an rsa3 property um and depending on the

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amount of square footage in the property um a parking space or two may be required so that may

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have been a refusal that um had been had been missed so i'm just putting that on the record

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in case it was missed. Thank you. Okay, questions or comments from the virtual audience?

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I see no hands, Chair. Planning Commission.

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This is Ron Bednar, City Planning. All property is currently indicated for residential use on a

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city plan or adopted district plan. Given the physical circumstances of the site,

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we recommend the request of Vanis McGregor. Thank you. MI 2023, 004-830-5844 North Camac Street,

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I vote yes. Jane Snell, my vote is yes. LaVarren Leonard Palmer, my vote is yes.

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You have your votes, counsel. Thank you. Thank you, Mr. Chair. Have a good night.

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Is there anyone in the virtual audience whose 330 case has not been called?

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i see no hands share uh thanks everyone uh lebaron thanks for

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doing this all day long we appreciate it the first time we used it the whole day we

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doing this all day long we appreciate it the first time we used it the whole day we we do

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we do appreciate coming here and um i'm going to tell everybody that that pull a lean from

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planning is a lifesaver i mean she come over and took care of my computer right away so i

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appreciate it yes i will vouch personally thank you thank you thank you great job everyone good

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job chair good night good night everyone good night good night everyone good night

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thank you mr palmer no problem have a good night

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