civus
Hearing video

ZBA Hearing - September 25, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 25, 20248h 45m

This is a site plan. It's very difficult to read, so I'll just skip over it.

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And here is another rendering of the sign.

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As I said, there are both accessory and non-accessory uses for that.

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If you could make Dr. Edwards a panelist so she could explain the accessory and non-accessory uses.

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Dr. Edwards?

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I have been allowed to speak, sir.

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Hi, Dr. Edwards.

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I'm here.

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

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Awesome.

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Dr. Crystal Edwards, C-R-Y-S-T-A-L-E-D-W-A-R-D-S.

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You swear or affirm to tell the truth, told truth, nothing but the truth.

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Oh, absolutely.

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Thank you.

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Please proceed, counsel.

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Dr. Edwards, would you share with the board your proposed uses for the digital sign?

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Absolutely.

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Thank you, Neil.

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W.D. Kelly is not only a hub of the neighborhood and the 19121, but we are also a homegrown community school, having only having over 20 partnerships, which includes Temple Phases, Handle With Care, Temple University's dentistry office.

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We are full site, Grandma's Kids, the YMCA, and the list goes on and on.

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We recently become a University of Penn Fife STEM School, along with foster grandparents

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and many more.

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Because we have so many programs that uplift and support the neighborhood, including being

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a fill abundance food site, we have a full grocery store along with a farmer's market

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on Thursdays in our lobby area, the community is always welcome. We need to make sure

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that we have signage outside that not only list whatever activity is going on in the daytime,

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whatever we have after school that stays and supports children and families until 6 p.m.

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We want them to know what groceries are available.

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We want them to know what fruits and vegetables are available.

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We want them to know when walk-in hours for the temple dentistry is going on.

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We want them to know what type of clothing is available, what activities are going on.

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And this is for the entire community.

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Oftentimes, our families do not have cell phones.

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They do not have computers.

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This sign is to let everyone know that they are welcome and what supportive services are there.

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We know that our families are dealing with not only homelessness.

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We know that our families are dealing with not only homelessness, but food insecurities as well as there's only one grocery store in a five mile radius of our school, not including any type of corner stores.

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So we want to make sure that our community is getting the best support around mental health, nutrition, education, even with our physical fit nature for our young people and families coming from not only the Y, but the Philadelphia Outward Bound School as well for their outdoor education.

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So as a hub of the neighborhood, we just want to have a sign that is informative, that our community can know what is going on and how we can be of service, because we definitely want to continue to watch the feet of the neighborhood so that all families are served.

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Thank you, Dr. Edwards.

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Thank you.

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The bottom of the sign is about nine feet off the sidewalk. The sign is four feet wide, but the total brick area is more than five foot tall. And there's another four feet of wall beyond that.

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It's almost on the intersection of Oxford and 28th Street, but it faces across 28th Street toward the other side of Oxford Street.

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Just because it's in the record, there's the material that was given to L&I.

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And there was also the specifications for the sign.

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It should extend six or eight inches from the wall.

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Dr. Edwards could probably testify that this is the best place in which to go through the wall into the interior in order to set up the computer controls for the sign.

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And I think the rest of these exhibits are our letter to the RCO, our letter to the neighbors, and certificates of mailing.

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I've only included two here. There were 50 because there were 300 addresses, and there are six on the certificate of mailing.

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I'll be pleased to answer any questions from the board, but I think Dr. Edwards' testimony demonstrates how important and needy this sign is for the community.

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Questions from the board?

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A couple questions. Is it just one sign or are there two signs, one on each street?

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One sign.

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So it's just one sign facing the one street. Yes. Okay. And how is the sign going to be protected from vandalism?

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Well, I don't want to speak to, because we never do speak about the security at a school district property. If Dr. Edwards wants to add anything, she's certainly free to do so.

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Okay. The question was about vandalism of the sign?

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yeah okay so the sign um as neil stated it is nine feet off the ground but it is in direct sight

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of cameras um from the the um entrance of the school um and that has to be about 20 feet off

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of the ground. So if there is any ill-mannered nature going on with that sign, we'll be able

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to see that and address it immediately. But because just of the nature of what we do at

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W.D. Kelly, that is not something that is common on the outside of our building.

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uh i didn't see any graffiti um on on the building um i think there was a small amount

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on the north um mansford side but other than that you know somebody throws a rock you know what i

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Yeah, and that is very rare, but I know that Steve is on the call as well.

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But I know that Steve is on the call as well, but the district takes care of the maintenance and whatnot so that it does not get, you know, destroyed in any way or manipulated in any way and, you know, becomes an eyesore.

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Thank you.

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You're welcome. Thank you.

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Any other questions from the board?

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Neil, do you want Steve to come on

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and describe what he's

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putting up? Steve, would you like

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to add to my description of the sign?

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Would you elevate him as a panelist?

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Steve?

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Excuse me,

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what is the last name?

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Talbot.

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Okay, they have been allowed to speak.

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Please state your name and spell for the stenographer.

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My name is Steve, S-T-E-V-E, Talbot, T-A-L-B-O-T-T.

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I am the Executive Program Director for the Office of Capital Programs at the school district.

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We're affirmed to tell the truth, the whole truth, nothing but the truth.

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I do.

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Please proceed, counsel.

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So, Steve, could you describe the sign and add your testimony to anything you've heard so far in this hearing?

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Sure. It is a four foot by eight foot LED light emitting diode type sign in an aluminum framed case.

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It will be mounted nine feet above the sidewalk elevation, which I would agree with Dr. Edwards' testimony that the height of the sign will deter from vandalism to a certain extent.

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And there are also closed-circuit TV cameras that are in view of the sign itself.

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It will be mounted right to the masonry facade of the building.

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The electrical feed for that sign will will extend through the wall behind the sign.

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And so it will be powered with 120 volt power.

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And then it will also have a low voltage connection to a computer that will be located in the main office of the school.

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So Dr. Edwards and her staff will be able to control the messaging that is provided on the sign.

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are there any other questions from the board

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questions or comments from our attorney hillary emerson

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not at this time mr chair since your comments from the virtual audience

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do not see any further answers the chair planning commission

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So Ron Bednar, City Planning. Property is currently indicated residential on the city plan. Given the physical site conditions, we recommend the request of variance be granted.

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Thank you. MI 2024-004-388-1601-49 North 28th Street. I vote yes.

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Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Iowen, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, Mr. Sklarov.

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Thank you, and thank you for your courtesies.

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Have a great day.

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Number nine, MI 2024, 004-446-6602 North 7th Street.

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Alan Ockamson is the attorney.

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There's a letter of unanimous opposition 46-0 from the Oak Lane Community Action Association.

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Hi, Mr. Nockmson. You've been already sworn. Just state your name, please.

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Alan Nockmson.

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Could you identify your client, the relationship to this property?

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Oh, yes. My clients are Martin Campbell and Maricela Torres, the owners of the property. And in the virtual audience is Maricela Torres, who's going to adopt my testimony as her own, and she'll be able to take any questions from the board.

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Okay, thank you. Our vice chair has a few questions.

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Good afternoon, counsel. Do you agree to waive the read and other refuse or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that's needed to proceed with

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this case five days in advance of this hearing?

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Yes, we have.

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All right.

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Thank you.

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Please proceed and share your screen.

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Thank you.

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Just make sure it's the right thing.

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I'm here to present 6602 North 7th Street.

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This is an RSA 2 property.

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We're looking to have a personal care home in this property.

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It's a rather large property.

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The square footage of the lot is 9,336 square feet.

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And the building structure itself for this home is over 3,500 square feet.

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So, you know, just to point out, this is a referral, and we'll go over the legal standard of a referral, but this is not a variance.

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So we have a notice of referral.

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And then we have correspondence from the Oak Lane Community Action Association.

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So I did not handle the, you know, the community meeting. I've been asked to handle the hearing. I don't know what happened in the community meeting. It sounds like from the letter, maybe my client wasn't prepared to like answer some questions or provide some pictures or whatever.

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However, you'll see this is a little bit different than our normal presentation, but it has a lot of the stuff that you would see from our presentation.

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And I think it really goes to the merits of this special exception we're seeking.

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I do believe this zoning appeal should be granted just based on the actual merits of the case.

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Also, we have the Philadelphia 2035 plan, Upper North District plan, kind of leads to the merits of our case.

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and we'll review that. Then again, going to the merits of the case, my client has numerous

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certifications and hours of training experience, and we'll review that as well. Maps of the area,

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photographs of the property in the surrounding area. We provided simple plans and drawings based

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on what our client told us about the property so the board can see what we're trying to do here.

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our RCO meeting notice it sounds like a lot of people have attended but you know from a legal

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standpoint for a notice referral you know we have a certain burden and we'll talk about that burden

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but ultimately then anyone who opposes this project then has a burden as well and they

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must meet that burden under the legal standards that have set forth under the Philadelphia zoning

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code. So we'll review that. We have our applications for special exception, the deed to the property,

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and then a certificate of tax clearance. Again, my client, Ms. Torres, is online. I would ask her

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to virtually raise her hand, and then she'll be sworn in. I'll have a few questions for her, and

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I think her input may be necessary for some questions about the merits of this zoning appeal.

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So first things first, you know, this is a notice of referral and this is, you know, this is our notice of referral.

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And we're looking to change the use of the property to a personal care home.

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Again, not a variance.

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And, you know, the standard is pretty straightforward.

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You know, I'm going to read it just so, you know, we can go through it.

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But, you know, first, with specific conditions of use, the applicant shall have the initial duty of presenting evidence

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and the burden of proof that the proposed use meets the definition for use permitted by special

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exception, that all dimensional standards are satisfied, and that the application complies

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with all the criteria and meets all the conditions applicable to the proposed use, including all

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applicable use standard, specific standards. Then what's titled specific detrimental impacts on the

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neighborhood, the applicant shall have the initial duty of presenting objective evidence

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and the burden of proof that the grant of a special exception will not cause the following

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specific detrimental impacts to the community beyond that which would normally be expected

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from the proposed use. So the board has to keep in mind like congestion in the public streets or

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the transportation systems, overcrowding the land, impairing an adequate supply of light and air to

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the adjacent property, burdening water, sewer, school, park, or other public facilities,

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impairing or permanently injuring the use of adjacent conforming properties, endangering

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the public health or safety by fire or other means, and inconsistency with the, or inconsistency

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with the comprehensive plan of the city.

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If we meet our burden, then people who are in opposition must, they have a duty to present

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evidence and the burden of proof that the proposed use would cause a detrimental impact

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be would cause a detrimental impact on the health safety and welfare of the neighborhood

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on the health, safety, and welfare of the nation.

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exceeding that which is what we do normally would be expected from their proposed use

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if they don't meet that burden then this board must approve uh this uh application for a special

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exception so we did meet with the community you know my client didn't meet with the community and

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And admittedly, they were not very happy about this project, but I think it's more about conceptually what they're not happy about this project, not, you know, you know, about the merits of this actual application.

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So they claim that there's going to be congestion and overcrowding in this space.

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We are limited under state law to have no more than five adults in this personal care home.

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The personal care home is for people with mental disabilities who are high-functioning adults, nonetheless, who are looking to live independent of other family members.

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And we're going to have two individuals as employees who are going to overlap for that 24-hour period of time that there's going to be someone there at all times.

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So we have five bedrooms here and we have two people, you know, and for those five up to those five individuals and no more than five individuals.

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And again, for a personal care home, you have to have a minimum of four individuals, but we're not going to have more than five individuals living there at all times.

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And we have two employees who are going to rotate to keep an active eye on them for 24 hours a day.

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So I don't know how it would be congestion, overcrowding in this space where you have a five bedroom house where you have at most five people living there at all times.

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And, you know, again, in terms of the parking situation, we have a driveway, which will show, which allows for off street parking nonetheless.

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And then the individuals, my understanding is the individuals who would be living there don't don't and cannot have cars.

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So, again, those individuals will not be parking off the street or on the street.

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And then the letter goes on to say that the impact on the public welfare because of lowering of property values and maybe some potential risk for increased hazards given this use.

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There, there's no specific proof for this particular business that they're going to cause any issues with the public, you know, health and safety and welfare. And in actuality, it's not uncommon to have these personal care facilities nearby.

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There's three that I see, you know, given my research, 1,006 66th Avenue is a group home for disabled girls, which is in a single family home classification like we have.

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1020 Oak Lane is the Laurel Square Healthcare and Rehabilitation Center, which is also nearby.

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And the third one that, again, within a block or two away, is 1115 West Shelton Avenue, which is the Tender Nest Home Care, which is also in a single family zoning classification.

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So, again, not out of character, and there's nothing to say what we are proposing or doing would cause any harm to the public, again, the burden of the community if they challenge this use.

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So they did notice, if you notice at the end of the first page,

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I think they were a little bit upset with my client who didn't know better,

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but she didn't provide any visual aids or interior photograph,

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interior or exterior photographs or blueprints.

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So I think that could have been something that may have caused them to be a

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