civus
Hearing video

ZBA Hearing - October 15, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 15, 20255h 11m

Verbal and physical aggression will not be tolerated.

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Restrooms are across from the elevators.

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Restrooms are across from the elevators.

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A water fountain is just outside the room to the right.

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When speaking on the record, you speak directly within the microphone in order to be heard.

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In event of emergency, please follow the directions given over the public address system or by the staff.

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The main exit is through the double doors at the rear.

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The nearest stairwell is on the left outside the doors.

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In case of an evacuation, the Rally Point is a love part directly across Art Street.

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Please remain there so that we can account for you.

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Let's look at our schedule for this afternoon.

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Number two, MI 2024-007-462-62...

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Number two, MI 2024-007-642-6215 North 13th Street.

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That case is continued to 415-26 at 3.30.

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Number three, MI 2024-007-465-6217 North 13th Street.

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That case is continued to 4-15-26 at 3.30 p.m.

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And Mr. Chair, number six and number seven can be continued.

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The applicant was here, but they were advised that they will need counsel to proceed.

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So they did leave.

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And we will follow up via email.

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Let me do number eight first where I was.

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Sure, I'm sorry.

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MI 2025, 001-886-627-North-64th Street.

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That case is continued until Wednesday, October 29th at 2 p.m.

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Number six, MI 2025, 4918 Walnut Street, and MI number seven, MI 2025, 003-995-5211 Beaumont Street.

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Both cases will be continued until 4-15-26 at 3-30.

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Let's go to our first case.

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Chair.

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Yes.

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We have two people with their hand up.

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Sure.

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The first person is Yvette Young.

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She's been unmuted and allowed to speak.

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Okay.

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Hi.

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I was. Miss Young, could you please state your name and spell it for the stenographer?

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Yes. Yvette Young, Y-V-E-T-T-E-Y-O-U-N-G. I just wanted to. Hold on one minute. Do you swear

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or affirm to tell the truth, the whole truth and nothing but the truth? I do. What case do you want

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to talk about? I was checking on 6215-17 North 13th Street. Did you say that was continued?

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Yes, that matter has been continued at the request of the attorney for the applicant.

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Okay, I see.

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All right, thank you.

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Oh, thank you.

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Thank you for calling in.

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We appreciate it.

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All right, take care.

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So, we're going to go to number one, MI 2024-006.

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Hey, Val.

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Okay.

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MI 2024-006-715-8200-208, Caster Avenue.

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Henry Clinton is the attorney.

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This is a resumptive hearing.

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Henry Clinton will be rejoining as a panelist chair.

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Okay.

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Good afternoon, Mr. Chairman, members of the board.

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Henry, just for the record,

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could you please state your name

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and spell for the sonographer?

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Sure.

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Henry Clinton, H-E-N-R-Y,

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clinton c-l-i-n-t-o-n right do you swear or affirm to tell the truth the whole truth and

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nothing but the truth i do so mr clinton this is a resumptive hearing and my notes show that

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their update for this hearing would be there's an amended refusal received two parking spaces

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added no additional refusals two letters of support from neighbors attached landscape and

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tree requirement waiver request attached and received updated posting and tax compliance revised plan.

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and received updated posting and tax compliance, revised plans incorporated into the amended

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refusal. Mr. Clinton, what we would like is for you to give us an update, then we'll do questions

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on the board, and then we'll move to the Planning Commission. Okay? Okay. Thank you. Thank you,

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Mr. Ryan. You kind of covered everything. Time has not been a friend. Probably not.

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Time has not been a friend to the church in this matter. It was before a prior board in 2019,

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got approvals for parking, 19 spaces, and everything else, the one-story addition to

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the church. We had COVID. I returned to the board in February of this year, and at that point

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was advised to seek an amended refusal, which I did. So this is a one-story addition to a church

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that has been in existence, a former bank since about 2013, and the issue is parking.

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The community group wanted two more parking spaces.

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We started off with 18.

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We now have 20.

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The code requires 22.

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But because of the landscaping requirements, we were losing spaces.

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So we basically kind of cut the difference.

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We're coming forward with 20 spaces in our revised plans.

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and were seeking a waiver from the planning requirements

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by agreeing to post $7,000 in lieu of planting some trees.

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And that letter was sent to the Planning Commission.

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So Z2 and Z3 are the revised plans that are in the packet

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and in our proviso form.

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And I'm willing to walk through the plans.

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I have the presentation here.

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It's up to the chairman and members of the board.

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members of the board want to see anything more

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and just to just to clarify mr clinton these are the the same plans that you showed at the

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last hearing and that were reviewed by ellen i for the amended refusal correct and i sent them to uh

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mr heger all right yeah okay um uh questions from the board

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questions or comments from our attorney hillary emerson not at this time mr chair

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planning commission oh i'm sorry uh our uh virtual audience i see no hands chair planning commission

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amy board with the planning commission the comprehensive plan recommends no change

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from the current residential single-family rsa3 zoning the proposal for 20 parking spaces is a

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de minimis difference from the required 22 the proposed rear yard depth will not injure the use

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of adjoining properties the planning commission recommends that the board grant the requested

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variances for parking in the rear and side yard number of spaces and rear yard depth

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so mi 2024 006 715 8200 208 castor avenue i vote yes with proviso per amended refusal

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dated 7-14-25.

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Michael Johns, my vote is yes

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with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Thank you, Mr. Chairman.

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And that will be with the revised plan, Z2 and Z3?

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I think

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they were in the right, didn't I see

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where that was in the amended refusal?

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Yeah, Mr. Clinton, if they were reviewed

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as part of the amended refusal,

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the amended refusal encompasses them.

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Right.

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And I believe, did Board Member

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win vote no it's starting to i got cut off i win my vote yes with proviso okay all right then we

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have four thank you so i miss one all right so number four mi 2024 007 674 4927 north

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5th street tamika mccoy is the attorney um

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unanimous support from

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the new 42nd Ward RCO.

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Tamika McCoy is coming back in as a

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panelist now, Chair.

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Good afternoon.

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Counsel, could you please state your name and spell it

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for the stenographer? Sure. Tamika

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McCoy, T-A-M-I-K-A.

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Last name is M-C-K-O-Y.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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

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Sure.

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I represent Joanne Elise, who is a tenant of Ernst Gessner Daphnis at the location of 4927 North 5th Street, Philadelphia, PA.

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And our board secretary, Cheryl L. Gaston, has a few questions for you.

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Cheryl L. Gaston has a few questions for you.

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Good afternoon, counsel.

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Did you submit your exhibit package five days in advance of this hearing?

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Yes.

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

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Yes, I do.

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Thank you.

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Then you can begin to share your screen and make your presentation to the board.

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Thank you.

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Thank you.

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This is an application to change the use at 4927 North 5th Street from a event space to a child care facility.

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Um, the location essentially is in a commercial corridor on fifth street where there are, um,

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majority adjoining commercial spaces. It's next door to a pharmacy. There is another daycare

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facility approximately six doors down from this actual location. The proposed use essentially is

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to service older toddlers and preschoolers. So the age range is from two and a half years to five

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years old. These are photographs of the interior. The photograph on the left shows a doorway to an

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outdoor space. The outdoor space is a enclosed backyard space that the tenants intend to paint

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grass and flowers and trees onto the fence to make this an outdoor area for the toddlers and also the

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preschoolers. Here there's a photograph that depicts the front of the building with the

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the proper notices are fixed. And the space that is currently approved as an entertainment space

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didn't survive as that type of use in this particular location. And so the property owner

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entered into a lease agreement with Ms. Elise and Ms. St. Fort for them to have the ability to

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operate a child care center, which is what they do, it is their intention to have approximately

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16 kids in this particular area. It's my understanding the total square footage is

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about 672 square feet. And there's an allotment for 40 square feet per child. And so that would

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essentially permit about 16 preschoolers or older toddlers in this particular area.

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The way that this is constructed is there is a front entranceway that initially has a foyer and

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a door that goes to the existing office space. It would be this location where parents would

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receive or drop off their children. There's another door that separates that from where

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the actual toddlers would actually be. There's going to be two classroom designations, one in

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front of the building, the second toward the rear of the building, and then there's a central prep

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area with access to a bathroom that has the capability for handicap accessible access and

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also water fountains that would be affixed. The interior is already done. There would be no

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construction that's required. It is my understanding that the tenants are going to be using bookshelves

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and movable furniture to serve as dividers for the interior space. This shows that initial

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entranceway as it looks onto Fifth Street. There's a large glass partition in the front. Here,

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it has shutters, but it does allow a lot of natural light through the building when those

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shutters are open. The change of use would not affect any of the other spaces within the building.

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this is only for the first floor only. It's currently zoned RM1. There's an apartment on the

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other floor that had been previously approved. This would just be essentially a request

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to utilize this first floor area as a child care facility for older toddlers.

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as a child care facility for older toddlers and preschoolers.

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It is consistent with what's, you know, the commercial uses in the neighborhood.

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So it wouldn't necessarily have a negative impact.

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And there is community support for this particular type of business.

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And it's anticipated that it's going to be well received.

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the tenants already have applications from at least six I believe families that want their

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kids to be serviced by them and there are two employees currently they would essentially

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expand as they need to it's my understanding the ratio essentially is one child care worker per

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every six kids for the older toddler and for the preschooler it's one to ten as in terms of the

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ratio you know with that i would ask that miss elise be admitted into the building and i would

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entertain any questions that the board would have at this time why don't we bring her one

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and you can adopt she can adopt your testimony or you can adopt yeah yes she's going to adopt

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Joanne Elise is coming back in as a panelist now, Chair.

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Thank you.

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

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My name is Joanne Elise, J-O-A-N-N-E.

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My last name is E-L-I-S-E.

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

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yes i do okay please proceed counsel thank you miss at least did you hear the testimony that

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was provided to the board this morning yes i do and um is it accurate yes okay i would submit on

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that questions from the board so will will children be in the basement no the basement is

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not um going to be part of what they use for the daycare space okay thank you are you only using

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freestanding partitions or furniture to do any more division in the interior spaces

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yes my understanding is it's only going to be freestanding furnishings to use as dividers

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they're not going to be any walls constructed and then for the toilet fixtures for the for the

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children are you adding fixtures to the handicapped bathroom or is there going to be an

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