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Hearing video

ZBA Hearing - March 26, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Mar 26, 20254h 56m

I'm going to share with the board what was previously submitted as exhibits.

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Can the board see my exhibit on their screen?

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Yes, sir.

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Thank you.

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So we have submitted the refusal RCO letter in support, as well as photos, plans, and

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proof of tax clearance.

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The refusal for this matter is triggered because this particular property is half CMX 2.5 and half RSA 3, therefore subject to the more restrictive RSA 3 uses.

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This property was actually before the board in 2021, where my client, the same client that is before the board today, requested a variance, but at the time requesting a vacant commercial space on the ground floor facing Torsdale.

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We are here this time to put an actual use to that vacant space.

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Because it was approved at the time as a variance for vacant space, when my client went back to ask to start to use it as a retail store for doors, trims, baseboards, and locks, basically building supplies and equipment,

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Al and I refused him yet again, saying that because of the variance from before and it was only for vacant, you must go back before the board.

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We went before the community and discussed this proposal.

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Also, as you can see, the community actually welcomed retail use to the avenue.

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They actually were not that concerned with the request and was actually a little, they

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found a little strange that we had to go through the variance process again.

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But again, they do support this particular request.

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So this is the property in question.

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The side that faces Torsdale is the CMX 2.5.

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That is the store frontage that we're proposing to use as a building supply retail store.

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And that's really the variance that we're seeking before the board.

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Again, the restriction kicked in because the back half of the lot is considered a residential only, single family only lot.

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And that caused the commercial use to automatically be refused.

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cause the commercial use to automatically be refused.

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From the layout of this lot,

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it's better to see from the site plan.

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Again, we have the front side.

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This is the Torresdale side.

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Then you have a vacant space area.

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There was an existing garage,

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one story building in the back.

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That is part of our last variance before the board.

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None of those uses, the two family above, the storage in the back, or the vacant space would change with this application.

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So this is purely for the variants to permit a use change from vacant commercial to an actual retail space.

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And that really is the gist of the application.

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I'm happy to answer any questions or redirect to any part of my presentation.

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And I'm happy to try to get my client to verify my testimony as well.

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Zim, why don't we bring your client on first, please?

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Sure.

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Steve, can you raise your hand to be identified?

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Okay, they should be coming back in as a panelist shortly.

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Thank you.

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When you get a chance, please unmute.

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Okay, I'm here.

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Hello.

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Could you turn your video in, please?

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Yes.

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Sir, could you please state your name and spell it for the stenographer?

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Yes.

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My name is Steve Sachko, S-T-E-V-E.

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Last name is Sachko, S-A-C-H-K-O.

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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, yes.

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Counsel, please proceed.

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Thank you.

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Steve, did you see my presentation to the zoning board on your screen

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and also hear my testimony that I made before the zoning board?

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Yes, sir.

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Can you verify that it is true and correct and adopted as your own testimony?

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Yes, everything was correct.

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Thank you.

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Questions from the board.

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The bathroom that you showed in the facility, is that part of the facility

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or was that something else?

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because you mentioned residential,

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so I wasn't sure whether you were.

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Steve, there's a bathroom in the commercial space, correct?

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Yes, it's an ADA bathroom.

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That was, thank you.

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Zen, does he intend to use the basement too?

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Are you planning to use the basement?

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Is there a basement space?

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Yes, so that's going to be.

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Unfinished basement, yes.

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Unfinished basement.

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So it's part of the commercial space.

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Yes.

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Okay.

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um where is where do you plan to do uh deliveries and unloading

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uh this is a online store so the warehouse and every all doors we will have in new york

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warehouse so here is we just selling um online so there is no delivery there is no

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pickup or something like this.

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It's just a model display showroom.

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So the actual materials are going to go straight

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from the Jersey warehouse to?

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Correct, to the customer.

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Yes.

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Other questions from the board?

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Questions or comments from our attorney?

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Just to clarify, there's no parking at this property.

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Is that correct?

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That is correct.

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there was there's a back street to it but that there's a building a garage type building in the

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back which is already used for other purposes so there's no parking off street okay Toursdale does

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have on-street parking okay no I was just asking because this is an RSA 3 which as you know

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requires parking so I believe that refusal was was missed on the refusal since you're changing

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a use just noting that for the record so thank you thank you questions or comments from the

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audience virtual audience i don't see any hands mr chair planning commission

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malison matera m-a-d-i-s-o-n-m-a-t-e-r-a i'll just do it one more time it's just a little

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further away from you okay madison matera m-a-d-i-s-o-n m-a-t-e-r-a planning commission

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

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i do please proceed the comprehensive plan recommends no change from the cmx 2.5 commercial

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mixed use in rsa 3 residential single family zoning at this location this property sits on

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a commercial node under the cmx 2.5 zoning building supplies and equipment isn't allowed use the

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is an allowed use the planning commission recommends the board grant the requested

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Planning Commission recommends the board grant the requested variants for building supplies

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variance for building supplies and equipment should this be first floor and basement only

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um i believe that that is what the intention is mr jinn is would your client be amenable to

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specifying the location of this of this use yes basement yes actually we would probably want to

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verify that uh all other existing uses to remain because there's two residential units previously

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approved above and a rear storage also previously approved by variance. Okay. It does indicate on

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the refusal that existing uses in the structure or the remain is previously approved, but it

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doesn't specify where this is. So we can, we can actually, we can do both, Mr. Chair. We can say,

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we could say use limited to first floor and basement, all other previously approved uses to

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remain. Thank you.

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So MI 2024

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007

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166-6942

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Tarstall Avenue, I vote

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yes with proviso.

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Use first floor and basement

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only. All previous

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approvals to remain.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston,

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my vote is yes with proviso.

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Tanetta Graham, my vote is yes with Proviso.

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Taya Nguyen, my vote is yes with Proviso.

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Thank you, counsel.

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Thank you.

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Thank you, sir.

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Have a good evening.

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Number four, MI 2024-007-168-5024 North Penn Street.

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Gabriel Fellas is the attorney.

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Now we're coming back in as the panel is showing Mr. Trafford.

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letter of support from frankfurt neighborhood advisory and a letter of non-opposition from

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council member lazada hi council could you please state your name and spell for the stenographer

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gabriel fellis g-a-b-r-i-e-l f-e-l-l-u-s you swear or affirm to tell the truth the whole truth

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

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my client is a dr essence alan presley uh she's the ceo of the education institution

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for earlier for early intervention and she's the lessee of the property

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do you waive the reading of the refusal do you agree with its accuracy

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yes could you please share your screen to start your presentation

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Does the Council see the table of contents?

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We can.

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Great.

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Thank you, Chairman.

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So we're here today seeking special use exception to use the property as a childhood educational facility in an existing detached structure.

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The proposed use will be the second location for the Education Institute for Early Intervention, or EIEI.

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It's an educational organization that provides and operates early childhood education programs, particularly for those with special needs and developmental delays.

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The applicant already operates an existing educational facility at 4704 Lifer Street, and this will be your second location.

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So this is the refusal that was issued on November the 15th.

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The property itself is owned to RSA 5, so use as an educational facility requires a special use exception.

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uh the property uh is owned by walter and deborah pew who purchased the property in uh on september

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5th 2024. uh so this here is the five-year lease purchase agreement between the landlord

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property owner and the applicant moving on to photos of the property

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both interior and exterior of the property are going to remain unchanged in its current state

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and no material alterations are being proposed

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Dr. Presley identified this property as an ideal expansion location for several reasons and one of

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which is having this enclosed outdoor space.

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It's gonna be, I think, a really amazing opportunity

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for an outdoor play environment for children

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in a really safe area, which is extremely rare in the city.

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Just hoping to take advantage of the space

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and has plans to collaborate with local organizations

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to set up a sensory garden in the space,

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and then have both students and family members

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participate in its upkeep.

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Some parking here.

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Okay.

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Okay, so this is our zoning map.

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Again, the property is zoned RSA 3, requiring special use approval for use as an educational

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facility.

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Moving on to our application for appeal and project information form, both of which were

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filed on November 18th, 2024.

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SO MOVING ON TO OUR COMMUNITY OUTREACH EFFORTS, WE MET WITH THE LOCAL COMMUNITY ON FEBRUARY

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13TH WHERE WE RECEIVED SUPPORT FOR THE PROJECT, THIS IS THE LETTER OF SUPPORT THAT WE RECEIVED

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FROM THE ARSUR CHAIRMAN, MR. THOMAS GARLAND. WE ALSO HAVE A DISCUSSION WITH NEARBY NEIGHBORS

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to discuss the project and gather 25 signatures of support from nearby neighbors shown here

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is our rca notification letter that we sent out to community residents on january 16th

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and then proof of mailing of those letters as well

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we sent out 112 notification letters in advance of that february 13th meeting

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Next, we have EIEI's licenses that is needed to operate in space.

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First, we have the current nonprofit commercial activity license for the institution.

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We also included the institution's state certification from the Department of Education.

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The certification grants the institution a license to operate as a private school.

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Next up is our tax clearance for the institution as a lessee.

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Moving on to our posters that were hung in anticipation of this meeting here.

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Lastly, we have some material describing the organizational overview of EIEI, explaining

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some of its main goals and its program offerings.

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Dr. Presley could speak more to it if you'd like it then in my presentation.

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We're also including a section explaining specifically why the specific property and neighborhood are the ideal choice for her second location.

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She's identified a huge demand in the area for the kind of childhood development programs that EIEI offers.

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Right now, SPIN, another childhood services provider in the area, has a waiting list of over 300 students.

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And on top of that, EIEI's current location has over 80 children on its own waiting list, and half of them already live near this new property.

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So opening a second location would help address a critical need for children's programs in the community.

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So with that, I'd like to ask the applicant, Dr. Essence Allen-Presley, to adopt my testimony and to help answer questions.

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Counsel, I'm curious how many students will be there.

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she has the exact number but it is in our application why don't we bring her here you

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can ask her okay absolutely

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dr presley

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