civus
Hearing video

ZBA Hearing - May 3, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 3, 20236h 11m

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

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Good morning.

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We're basically Mary here in the center, M-A-R-Y-S-O-M-O-Z-A, myself, Gerardo, G-E-R-A-R-D-O,

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last name Somoza

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then Alba to my left

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and Anastasia to my right

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and we would like

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it's okay with the chairman

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to have Anastasia

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essentially

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and Mary

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yeah Mr. Somoza

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I'm going to call Mary first and then I'll call

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Anastasia. Thank you

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Mary are you there? Yes

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I'm here. Thank you

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could you state your name and spell it please

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for the court reporter?

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Say your name and spell it.

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Oh, my name and what?

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And spell it.

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Oh, Mary Somoza, S-O-M-O-Z-A.

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Right.

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Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth?

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Yeah, I do.

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I do.

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Please, counsel.

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Thank you, Mr. Chairman.

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Ms. Somoza, did you hear my presentation to the board today?

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I did, yes.

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Is it accurate to the best of your knowledge?

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i speak yes yes is it is it accurate to the best of your knowledge it's yes or no ma'am

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yes thank you do you adopt it as your own testimony yeah yeah yes yes okay thank you

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can you please explain to the um to the to the board uh your family's plan for the property

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well uh first of all i'd like to thank you for hearing us but i'd just like to mention that we

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always my youngest daughter uh and my son uh lived in philadelphia for the last 10 years

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and our long-term plan was always to eventually have the girls uh move there when we were no

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longer here however that plan changed when two years ago my my son my 37 year old son died

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totally unexpectedly on thanksgiving day in 2020 and our life of course changed and we went we

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had to realize that we had to advance our long-term planning to make sure that if anything

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to make sure that if anything happens to my husband and I, who are getting up there in years,

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happens to my husband and I who are...

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that our daughters will always be able to live in the community. They're 39 years old and

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their whole life we have fought for accessibility, for integration in the community. And I wanted

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to make sure that when we're no longer there to advocate for them, that my youngest daughter,

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Gabriella and her family will be able to look after the children, oversee and help them and

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be supportive. So we sold a house that we had upstate that we'd worked for many years to make

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accessible and it was an old fixer-upper and we sold it and with that money we started looking

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for a property in philadelphia when we saw the property uh at 706 north 5th street

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the first thing that jumped out to me was the fact that the side entrance was totally accessible

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for wheelchairs uh uh and and we looked when we looked at the entire ground floor and the property

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per se it was the ideal situation for us moving forward the the accessible part we can make in

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the back of the building and uh so our daughters can have easy access and in the long term that

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they the rental of another other units could give them some financial stability for the long term

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when we know longer here

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and going forward.

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Thank you, Mary.

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I appreciate your testimony.

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Mr. Chair, just one final witness.

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I'd like to call Anastasia Somoza.

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Sure.

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Could you state your name, please,

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and spell for the court reporter?

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Anastasia Somoza.

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A-N-A-S-T-A-S-I-A

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is the first name,

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and the last name is S-O-M-O-Z-A.

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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.

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Proceed, counsel.

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Thank you.

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Thank you, Anastasia.

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Could you please explain to the board what legalizing this as a five-family dwelling will mean to you as far as being granted the reasonable accommodation?

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Well, as my mom, Mary, alluded to a few minutes ago, making it a five-family dwelling will allow us to access the whole first floor of the building.

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And there's a side entrance that leads to an alleyway that I can access very easily with my motorized wheelchair.

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And then there's a side entrance to the first floor that only has three steps.

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And as most people know, ADA, and when I say ADA, I'm talking about the federal law, the Americans with Disabilities Act, to make buildings accessible, it is very costly.

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But because there are only three steps that lead into the first floor of the apartment, that is an easily made accessible accommodation because of the cost.

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So being able to access that full first floor, once we're able to use the funds to make that side entrance accessible, will allow me and my twin sister to live independently with our family members and caregivers in the community with the support that we require.

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Thank you, Anastasia. Mr. Chairman, again, because of the testimony you've heard,

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the 27 pieces of exhibits that I now move into evidence, because our proposal is consistent with

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the plan that the Planning Commission has per page 87 of the 2035 plan, because of the similarly

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situated properties on the block, and because our proposed configuration is in fact a reasonable

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accommodation under Section 504 as it will help both to fund any ADA conversion and also provide

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some income for Alba and Anastasia for their required care and continued independence long

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after their parents are gone. I respectfully request that the appeal be granted with the

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proviso no more than five units. Thank you. Questions from the Board? No, Mr. Chairman.

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no chair no chair and hillary my my understanding

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no chair no chair and hillary my my understanding will take comment from the public at the resumptive

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hearing yes mr chair okay um i've also talked to hillary planning commission if you want to

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take a position now or do you want to wait you can take a position proceed thank you sir uh good

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morning mr chairman uh members of the board david effecto with the city planning commission

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the comprehensive plan recommends no change to the residential single-family zoning at this

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location. The zoning board granted a variance in 2016 for four dwelling units at this property.

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The applicant has shown that the building was converted without permits from four to six

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dwelling units without the knowledge of the current owners. The applicant proposes to

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consolidate both unpermitted units into one code compliant unit, bringing the property closer into

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conformance with the zoning code. So the City Planning Commission recommends the board grant

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the revised use variants for five dwelling units. This hearing will be resumed on Wednesday, June

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14th, 2023 at 9.30 a.m. for feedback from the RCO and the public with a response from counsel for

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the applicant. Mr. Chair, may I ask, is the 7th of June unavailable? We're meeting the community

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on the fifth um yes it is unavailable chair yes it is thank you okay sorry that's okay all right

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thank you council yep number nine mi 2022 006 761 1710 12 fairman avenue um

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April Francia is the attorney for the tenant.

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Letter of support from Spring Garden Civic Association with provisos.

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Ms. Francia, please raise your virtual hand.

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She's coming back in now as a panelist chair.

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Thank you.

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good morning counsel good morning thank you so much for having me all right could you state

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your name and spell it please for the court reporter absolutely my name is April Francia

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that's A-P-R-I-L. Francia is F-R-A-N-C-I-A. Right. Do you swear or affirm to tell the truth,

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the whole truth, and nothing but the truth? I do, sir. Could you identify your client and

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relationship to this property? Yes. My client is Avian and Exotic Surgical Medical Center, LLC,

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which is the tenant on the second floor of the premises. I also have a representative of

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of the tenant here, though I don't see her, Susan Tyson.

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Our vice chair has just a few questions.

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Good morning, counsel.

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Do you agree to waive the reading of the refusal

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and stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents

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that are needed to proceed with this case

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five days in advance of this hearing?

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Yes, sir.

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Thank you.

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Please proceed and share your screen.

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Okay. So, good morning, Chairman and members of the Board. Thank you again for hearing

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our presentation. This is a request for a special exception for an animal services use

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on the second floor of this building, as well as a variance for limited animal boarding

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on the second floor. For the record, I will note that a special exception has been granted in the

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past for the first floor and the basement for animal services use. So with respect to the

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special exception, we are asking for an extension of that same special exception to the second floor

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subject to different provisos. With respect to the variants, we are, and I'll go into further

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detail on this, we are asking for limited animal wording, which is necessary for the treatment of

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the particular species that are going to be seen at this location. So you'll see here, this is the

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current location of the veterinary center. My client is a sister clinic to the existing

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art museum veterinary center. And the expectation is that the two clinics would work together.

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And the expectation is that the two clinics would work together to treat a wide variety of animals that are legally kept as pets in the state, in the Commonwealth of Pennsylvania.

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The expectation is that the entrance would remain the same and clients for the second floor would proceed to the upstairs.

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I will show a rendering of what the clinic is expected to look like. So from that first floor entrance, folks will, you know, come in through this elevator and proceed to this waiting area.

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There will be a special reception just for the clinics of this particular practice.

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As far as the layout for the location, and especially with respect to the variance request,

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so this clinic is going to focus on the needs of certain types of animals.

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The focus is on small mammals, such as gerbils, rabbits, hamsters, on avian species, such as birds, aquatics, reptiles, and amphibians.

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These particular species require specialized medical attention, and you'll hear from my client, who is going to be the lead veterinarian at this location, what those special needs are.

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One such special need is that because of the unique, you know, bodies and health needs of these particular animals, overnight medical observation is critical to ensure that the treatment provided to these animals is actually to their benefit.

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So as you'll see here on the site plan, we are contemplating the creation of a well room, which is where animals of these particular species will be kept overnight for medical observation.

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Uh, so to be clear, our request for a variance for boarding is not for, um, any kind of a

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pet kennel or, um, or pet hotel.

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Uh, it is for extremely limited, uh, medical observation overnight.

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Um, for contrast, the first floor, which is, and has been approved for, uh, animal use

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and has been a well-loved staple in the community, um, when they treat certain, um, you know,

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certain animals, cats and dogs, I think are their primary clientele, those animals must go home

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after particular treatment is rendered. And cats and dogs are far more resilient than these

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particular types of species that will be seen on the second floor. So that, you know, the risk of

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anything going wrong is considerably lower for those types of animals. Here, if a bird, for

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for example, receives treatment. Because of the unique makeup and needs of, you know, birds,

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for example, medical observation overnight is extremely important to ensure that the bird is

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on its way to recovery and that there are no ill, you know, side effects as a result of that,

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as a result of a given treatment. So, all overnight stays will be limited to this well

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room. As you can see, there are a very limited number of, you know, of spaces for those

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particular animals. So, again, the expectation is to limit it just to these specific species

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and patients of the clinic. Additionally, being mindful of the fact that to the rear of this

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address is a residential area, this well room will be fitted with soundproofing materials and

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other noise attenuating materials to ensure that there is no noise that disrupts the other neighbors

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in the local vicinity. I will also note that given these particular species,

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noise to them is actually quite harmful. So the expectation is that in this well room,

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the staff will take necessary steps to ensure that all patients staying there are soothed and quiet

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and are relaxed. Again, therefore, further limiting the amount of possible noise that

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could disrupt other folks in the neighborhood. I do at this point want to call my client.

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I do, at this point, want to call my client, Susan Tyson, who is the lead veterinarian for the premises, as I think she would be able to give some better and more scientific explanations as to the need for this particular variant.

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Counsel, you agree to the provisors that are put forward by Spring Guard Civic?

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Yes, I can.

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Uh, so we did meet with the, uh, with community organization and they were in support of our, um, of our proposed use.

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Uh, they are, uh, recommending the following provisors, which we are in agreement with that boarding medical treatment and observation, uh, for these particular species is limited to the second floor.

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Only there will continue to be no boarding of cats or dogs at the property.

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and all birds will be kept in that second floor

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wellroom soundproof enclosure.

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That's fine.

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Why don't we bring your client on

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and she can adopt your testimony, okay?

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Okay, sounds good.

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Susan, could you raise your hand, please?

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Ms. Tyson, can you unmute yourself

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and wait for the chair?

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I'm unmuted, thank you.

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Good morning.

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Could you state your name, please,

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and spell for the court reporter?

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Good morning.

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My name is Susan Tyson.

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S-U-S-A-N, and my last name, T-Y-S-O-N.

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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.

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Proceed, counsel.

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Thank you.

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Susan, did you have an opportunity to listen and watch my testimony regarding this particular matter?

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I did.

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Do you agree that it is truthful, and do you adopt it as your own?

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