civus
Hearing video

ZBA Hearing - September 27, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Sep 27, 20235h 5m

Either side.

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Yes, there are some.

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There's a combination in that zone where it's RM1.

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There are a combination of homes, residences that are just single family, but some have been converted to multiple.

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Okay. And when you went to the 12th Ward Democratic Committee, how'd they vote?

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They support it. I can show you that letter.

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And let me show you my last picture before I go there.

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Okay.

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Because they had mentioned the picture.

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There's supposed to be a picture of me with some of my phone.

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I don't have it here. I'll bring that up now.

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but their comment was support and they were adamant about uh having dirty lights no no

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that's curry lights the um something here it is right here okay

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and then you can see the screen i go down a little bit okay i have multiple screens

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support yep and then their comment was about i'm sorry i thought i had the picture there

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but it was showing

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let's see the comment here

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six near neighbors right

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yes okay

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they had

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okay

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the comment was about having the roof ladders

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right okay

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yeah all right

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questions from the board

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no Mr. Chairman

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no Chair

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questions or comments

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from the virtual audience

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chair we have charles richardson

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good morning mr richardson good morning mr chair charles richardson from the office of

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councilwoman cindy bass room 508 city hall richardson is spelled r-i-c-h-a-r-d-s-o-n

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you swear our firm to tell the truth the whole truth and nothing but the truth yes sir please

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proceed. Councilwoman has no opposition to granting the variance for this property.

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Thank you for taking the time to call us. We appreciate it. Is there anyone else in the

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virtual audience? I see no hands, Chair. Planning Commission. Thank you, Chairman,

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and good morning. David Vecto, F-E-C-T-E-A-U, with the City Planning Commission. Do you swear or

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affirm to tell the truth, the whole truth, and nothing but the truth? Yes, sir, I do. Please

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proceed sir thank you sir uh mr chairman and board members the comprehensive plan recommends no

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change to the residential single-family zoning at this location this property has a documented

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history as a two-family dwelling and so the city planning commission recommends the board grant

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the proposed use variance for two dwelling units thank you um hillary this is the one we want to add

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uh variance for parking for parking we need to yes mr fleeton is there any off-street parking

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at this property um there's all street parking yes right directly in front of the property

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There's off-street parking, yes, directly in front of the property.

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No, but off-street, like on the property itself?

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Oh, no, no, there is not.

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Okay, because the property currently is owned RSA 3, which would require one parking spot on the property per unit.

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Since you don't have that, that's another variant that should have been listed on the refusal.

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The board will just need to address that in their vote.

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Okay.

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Thank you.

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So MI-2023-001-514-5517 Shoe Avenue, I vote yes.

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Thomas.

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Proviso.

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Vote also includes the variance data for parking.

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Thomas Holloman, my vote is yes with Proviso.

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Ishmael Shaheed, my vote is yes with Proviso.

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Sure.

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You have your votes.

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We're going to go to number nine, MI 2023-001-453-5446 King Sesson Avenue.

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David Spridell is the owner applicant.

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This is a pro se.

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david sprittle has been promoted to panelists good morning sir could you state your name

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please and spell for the court stenographer you hear me we can uh david's david b sprittle

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could you spell it please for the court sonographer d-a-v-i-d

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s-p-r-i-d-d-l-e right do you swear for him to tell the truth the whole truth and nothing but

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the truth yes okay so this application is for use as a takeout restaurant in an existing structure

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yes the proposed use takeout restaurant is expressly prohibited in the rsa5 zoning district

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but there is a letter of support from the southwest philadelphia district services

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our vice chair has a few questions for you sir okay good morning sir have you emailed in all

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the required documents and exhibits that are needed and required to proceed with this case

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five days in advance of this hearing yes thank you please yes okay thank you you can share your

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screen use that clear it share it okay what i said

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is that right well you got you got to bring up whatever you want to present now you got to go

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into your file okay do I have to bring this the stuff up that I sent in yes okay

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i think it's you uh you you who not uh okay that was a news service anyway

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i'm trying to go in my um here we go to what i um what i sent in

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Thank you.

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Thank you.

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There they go.

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In order to share your files, you will have to unshare your screen, open the file that you plan on sharing, and then start sharing again.

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to unshare my screen yes where'd i say it should be at the bottom okay

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open the file

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let me download it

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Chair, if you would like to give him time to work on his technical issue.

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What we're going to do is we're going to move on.

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We're going to call you back later.

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And then by then, see if you can have your file straight.

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Okay?

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Okay.

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So how do I do it so I have it up?

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So you said go to my downloads and have it up?

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No, that's not what I said.

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Wherever you say it today.

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And then you start sharing.

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Okay?

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Okay.

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We're going to get back to you, okay?

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All right.

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All right.

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Thank you.

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You have to go out now.

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All right.

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We're going to move to number six.

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We're going to move to number eight.

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MI-2023-001-515-2221 South Gouvere Street. Mary Rose Roach is the attorney for the owner.

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Letter of support from Broad Street West RCO.

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Ms. Roach is coming back in as a panelist thank you

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Good morning, counsel.

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She's not in all the way yet, Chair.

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She's coming back in, though.

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I'm fine.

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Ms. Roach?

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It seems like we're having a problem promoting her.

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Nikki IT, would you be able to help promote her?

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Because it's not letting us, please.

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I'm not getting in there.

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No chair.

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Nikki, are you there?

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You

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why don't we why don't we just move on and come back to this one okay we'll call this again

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thank you chair now work in the backgrounds to reach her

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number 10 mi2023 001 517 2532 north 22nd street joseph consul is the attorney

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we're waiting for an rco letter meeting was held 713 and 817 by all in the family

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Joseph Consul is coming back in as a panelist. Thank you.

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Can you guys hear me?

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Good morning, Mr. Consul.

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Could you please state your name as spelled for the court stenographer?

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Yes, it's Joseph, J-O-S-E-P-H.

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Last name is Consul, C-O-N-S-O-L-E.

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Great.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes, sir.

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Do you identify your client in a relationship to this property?

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The client is Ms. Tamar Smith, the owner of Layla's Way Incorporated, which owns the property.

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Okay.

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Our vice chair has just a few questions for you, sir.

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Good morning, counsel.

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Do you agree to waive the reading of the refusal and stipulate to his equity?

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Yes.

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Have you emailed in all the required documents and exhibits that are needed and required to proceed with this case five days in advance of this hearing?

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Yes, and the RCO just sent an email about 30 seconds ago to everyone.

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Okay. Thank you. Please proceed and share your screen.

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Okay.

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Is that sharing my packet?

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Yes.

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Okay. So the property is 2532 North 22nd Street. Here is a view of the front of the property. Here's a view of the side of the property. Back to the front, that entrance on the corner there leads upstairs to an apartment.

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And this entrance here is the commercial space. And so you've got two separate entrances. According to the zoning archives, the property has been a takeout restaurant with one family on top, a store with one family on top.

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It doesn't say what it just says store and a daycare with one family on top that the most recent approved use was a daycare with a single family home on top of that.

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What we're seeking to do, Layla's Way, is an organization that does behavioral therapy for children, and that use group practitioner, because as I'll show you in a second, she has several highly licensed folks that work for her organization.

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Group practitioner is a special exemption here in CMX1.

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so um you know generally we believe because there'll be less children than was permitted

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in the daycare the hours are um similar that we don't believe that this use will have detrimental

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effects on the neighborhood uh although the rco just sent a letter saying they disagree

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um which i don't have in my packet yet but i'll uh try to bring it up so we met with them twice

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we met with them in august and we met with them in july they made claim in their letter

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that we hadn't posted any notices but we have photos showing that this was posted

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on the property when the corn rent was required like we do for all of our projects we submitted

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plans showing the breakdown of the commercial space and the residential space on top

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and we submitted our other documents as well that are required

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and we only got the we had sent a proof of no tax no taxes owed prior but

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we sent the tax clearance certificate in this morning and there's a copy of it

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there. As I mentioned, all of the folks that work for Layla's Way

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As I mentioned, all of the folks that work for Layla's Way are highly credentialed, board-certified behavior analysts and psychologists.

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We have those licenses here.

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And then the zoning archive just showing all the old uses.

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We believe that this is an ideal spot.

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I'll call my client in a second to describe what her organization does.

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We couldn't really make any headway with the RCO.

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I'm sure that they're on the call to discuss their position.

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There was really no use that they would agree would be acceptable here, especially not what we're proposing.

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um so we just feel like they were not interested in having this property um occupied despite the

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fact that it has a long history of being a commercial space and a residential space on top

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and has been derelict for a long time so um we're coming in she's gonna fix it up and it'll it should

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be an asset um to the community that's that's our opinion um so i'd like to call miss tamar smith

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Well, finally, I'd like to add that it is a special exception, and so we believe that the standard is certainly met here in that having a small therapy center for children with highly qualified staff is beneficial and not a use that would go against the group practitioner use, which is a special exception, therefore, we believe this should be allowed.

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So I'm going to call Ms. Tamar Smith to raise her hand.

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Tamar Smith, please unmute yourself and wait for the chair.

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Good morning. Could you state your name, please, and spell for the court sonographer?

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Tamar Smith, T-A-M-A-R-S-M-I-T-H.

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

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Yes.

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Proceed, counsel.

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Good morning, Ms. Smith.

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Yes. Did you hear my testimony just now about your problem?

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Do you agree with what I said and do you adopt it as your own?

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Yes.

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Would you very briefly just describe to the board the services that your organization provides?

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Sure. So we have been providing applied behavior analysis services to the city of Philadelphia.

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Majority of our clients are Medicaid clients.

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We've been providing a service for the last five years.

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We currently have a location that's located at 138 West Shelton Avenue, where we provide services from 9 to 2 p.m. for children between the ages of 2.7 years old and five years old, but you can't be in kindergarten.

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through our five years of being there we have never had any safety issues or concerns with

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any of the neighbors in that neighborhood our clients has always been able to be maintained

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and cared for our ratio is three staff to four clients at the most it may be five but specifically

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for this space we will only have a limit of about eight kids in that space per day

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um and our goal is to service children between the ages of 2.5 and 5 like we do at our current

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center and we're breaking the services down for that um location to be from 9 to 12 so we'll have

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two sessions 9 to 12 in the morning and then another session that is from 12 30 to 3 15 i

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