civus
Hearing video

ZBA Hearing - February 12, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 12, 20255h 35m

Cheryl Gaston, my vote is no.

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Tanetta Graham, my vote is no.

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Tywin, my vote is no.

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Thank you. We're going to go to our regular list.

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We're going to start with MI 2024-003-191-10800 Busselton Avenue.

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Sean Ward is the attorney.

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There's a letter of support from the Somerton Civic Association.

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Vote was 37 in support, one opposed.

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We're coming back in as a panelist now, Mr. Chair.

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Okay.

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uh good afternoon mr chair members of the board sean ward on behalf of the applicant and owner

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of the property sean just for the record could you spell your name please sean s-h-a-w-n last

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name ward w-a-r-d do you swear or affirm to tell the truth the whole truth and nothing but the

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truth yes i do could you identify your client the relationship to the property uh mr chair i

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I represent Stuart Tobin, who is in the room today on behalf of the Tobin Family Trust, which is the owner of the subject property, as well as the tenant applicant, who is also present in the room today.

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I don't believe there's any opponents or protestants in the room.

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Everybody's there.

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Thank you.

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Our board member, Danetta Graham, has a few questions for you, Mr. Sean.

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Absolutely.

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Good afternoon. Did you submit your documents five days in advance of this hearing?

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Yes, I did.

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And do you agree to waive the reading of the refusal and do you stipulate to its accuracy?

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I most certainly do.

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Thank you so much. You can begin.

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Thank you. Mr. Chair, at this time, I'm going to share my screen.

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As soon as I find the right document, bear with me.

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Bill, can we actually find it?

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We see it, Mr. Ward.

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Okay. All right.

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Very briefly, it's my typical exhibit packet.

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I will blow it up so you can actually read it.

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Again, I represent Stuart Tobin and the Tobin Family Trust.

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They own the property at 1,800 Busselton Avenue.

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Today's hearing, last four of the MI number are 3191.

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In my packet, you'll find A1 is the Notice of Refusal.

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It's an application for a barbershop in the existing space four of a five-space strip center.

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resulted in one refusal. Personal services is

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expressly prohibited in the RSA 2

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district. So we need a use variance for that use

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today. A2 is the application of

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appeal. A3 is the project information form. A4

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is the deed. A5 is proof of tax clearance.

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I would point out that there is a balance due, but not payable until the end

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of March of this year. A6 is the site plan. A7 are photographs, including posting, the subject

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property, street views, and aerial views. A8 is our RCO meeting notice and certificate of mailing.

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As mentioned by the chair, there is an RCO letter of support from Somerton

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That is subject to a deed restriction.

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that is subject to a deed restriction.

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I would just point out that we're all in agreement with that,

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but we're not going to file a deed restriction until we get our zoning approval.

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A-10, I received an e-mail from Alex Udovich from the councilman's office,

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indicating that a letter of non-opposition was uploaded.

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I do have a copy of that right there.

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Thank you.

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All right. Going back to.

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And as far as relevant zoning history, 1981, there was a variance for a one story office building at this site for uses as business and professional offices.

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I would point out to the board that while the City of Philadelphia Zoning Code classifies this as a personal service, the Commonwealth of Pennsylvania licenses barbershops as a professional occupation.

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So, yeah, we're stuck in the middle here.

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But in any event, A12 is the zoning map.

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A13 is the aerial photograph.

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So we're going to reduce that.

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Again, the record owner is the Tobin Family Trust.

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They've owned this property since before 1980.

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It's located on Busselton Avenue at Avalon Street, just below Tomlinson Road.

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It is zoned RSA2.

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However, I'm sure most of the board members are well aware that Busselton Avenue is a very heavily commercialized strip.

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in the far northeast. Currently, there is existing a pediatric care use in one unit,

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a speech therapy use in another unit, a chiropractor, and a pharmacy. Unit four

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is the barbershop. While it's been fitted out, it is not operating pending zoning board approval

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and other, you know, permits and whatnot.

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As far as comments, I would just say the days and hours of operation generally would be

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Tuesday through Saturday, 8 a.m. to 9 p.m., Sunday, 12 noon.

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Let me blow this up so it's easier to read.

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My apologies.

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They're closed on Mondays.

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It's mostly by appointment only, but, you know, of course, walk-ins are welcome.

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Currently, it's fitted out for four chairs, four barbers.

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Commercial trash removal as needed.

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Commercial trash should be stored indoors.

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As this is a five-unit commercial strip, it's shared parking.

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There's a total of 17 spaces, including two handicapped spots.

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Again, there's five tenants.

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um three spaces minimum per uh each unit and uh there's a quite uh available on street parking

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on avon avon street uh we did meet with the uh the rco um that meeting was held on january 14

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at seven o'clock and they voted to support this application uh if the board needs me to run through

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the rest of the exhibits i would know why don't you just show us the photos a couple photos oh

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gotcha okay wait a minute let me

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okay well real quickly bustleton avenue runs north south okay avon street is at the bottom

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This is unit number four.

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We're going to call it Dash Barbers as part of a five-unit strip center.

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Here, again, is a picture I took from the entrance of the driveway.

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Again, the subject unit is, you know, the space number four.

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Some more space, you know, pictures of the building.

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here's here's a nice aerial google uh coming in from bustleton avenue uh this would be the space

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right here um as you can see there's four chairs it's already been fitted out it's a

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yeah they did a fantastic job if you ask me why don't you bring your client on please

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They are in the room, Mr. Chair.

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Who is my voter?

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I would ask Stuart Tobin, who is the owner of the property.

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I would ask Stuart Tobin, who is the owner of the property.

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I believe he'd be the one to verify.

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Mr. Tobin, could you turn the mic on?

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Yes.

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It's on?

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

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Name is Stuart Tobin, S-T-U-A-R-T-T-O-B-E-N.

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

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I do.

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Mr. Ward, proceed.

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Stuart, you've heard my representations to the board today?

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Yes.

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Are they true and correct at the best of your knowledge, information, and belief?

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Yes.

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And would you adopt them as your own testimony?

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Yes.

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Thank you.

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Mr. Ward, do you need anyone else's testimony?

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I don't believe so. If you want me to have Johnny, the barber.

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I see them. 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.

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Questions or comments from the audience?

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Questions or comments from the virtual audience?

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I do not see any hands, Mr. Chair.

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Planning Commission?

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Amy Boyd with the Planning Commission.

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A-M-Y-B-O-Y-D.

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

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I do.

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Please proceed.

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The comprehensive plan recommends a change in zoning at this location from residential single-family RSA-2 to auto-oriented commercial CA-2.

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Under the recommended designation, the use would be allowed by Wright.

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The planning commission recommends a board grant their requested variance for personal services.

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Thank you. MI 2024-003-191-10800 Busselton Avenue. I vote yes with proviso. Unit 4 only.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tana Graham, my vote is yes with proviso.

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Iowen, my vote is yes with proviso.

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Thank you.

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Thank you, Mr. Chair.

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And again, thank you for your courtesies.

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Thank you.

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Thanks, Sean.

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All right.

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MI 2024-000-593-29 East Mount Airy Avenue,

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T-A-2-7-9-0-7. Michael Matteoni is the attorney.

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good afternoon sir could you please state your name and spell for the court stenographer

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sure michael mattioni m-a-t-t-i-o-n-i do you swear or firm to tell the truth the whole truth

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nothing but the truth i do could you identify your client the relationship to this property

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sure it's murray key total health and they're the owner of the property okay and um tenetogram is

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our board member who has a few questions for you sir yes good afternoon um did you submit your

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documents five days in advance of this hearing yes i did okay and do you agree to waive the

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reading of the refusal and do you stipulate to its accuracy it's a refusal and a referral and yes

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i mean referral i'm sorry it's both it's both okay refusal referral thank you you may proceed

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thank you

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there we go it's nice to be in the room you can actually

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see your exhibits up on the screen five years again i'm michael mattione and i represent murky

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total health the owner of the site at 29 eastbound area avenue i have three witnesses who will

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testify in support of the application today sarah trenhauser is the ceo of murky total health

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kyle dowdy is from rogero plant the landscape architect and engineers for the project and

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Shelby Lynch, who is joining us virtually from TPD, the transportation engineer for the project.

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And I submitted in advance, like we said, the tax clearance, revised referral and refusal, RCO letters, revised plans form, revised zoning site plan, landscape plan, floor plans, transportation impact study, the CV of Shelby Lynch, photographs, and affidavit of service regarding the community meeting.

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Marrake is seeking to, requesting a special exception and variance to build a parking lot on the property at 29 Eastbound Area Avenue to better serve its patience.

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This is their, up on the screen is their building.

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building, and one of the parking lots, and this is the site we're talking about that

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has a structure on it that would be demolished and would be replaced with a parking lot.

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And again, this is the front door to the Marrake facility.

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Marrake provides a wide range of health care services at 27 East Mount Airy that fronts

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on Germantown Avenue, including primary care and care for developmentally impaired and

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vulnerable individuals.

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Many of them arrive in vans and presently forced to unload on Mount Airy Avenue, which

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is the street out where the front door is.

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The front door of the facility is right on Mount Airy Avenue.

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They have no parking.

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This is the proposed lot.

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They have parking across the street.

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These people have to walk across the street,

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and it's very difficult for them.

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And they also have vans that pull up and park in the street,

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and people have to get out and access the facility

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walking in the street.

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And again, Meraki has many physically

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and mentally handicapped, disabled, and vulnerable patients,

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and they will benefit from having a parking lot adjacent to the facility

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so they will no longer be required to cross Mount Area Avenue to get to the facility.

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The proposed lot at the adjoining site, and this is the site, will provide better access.

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The vans will be able to pull in and drop people off right out front,

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and the 13 spaces will be reserved solely for patients.

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No employees will be allowed to park here.

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No one else will be allowed to park here.

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They all will be required to park where they parked today across the street.

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It will allow for dropping off these patients directly at the door.

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It won't disrupt traffic on Mount Airy Avenue.

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It will just allow for better access.

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It's solely for the patients.

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It's not for anybody else.

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There will be no change in services or level of services being provided.

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There's no expansion.

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This is not anything additional to what's already there.

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