civus
Hearing video

ZBA Hearing - May 4, 2022

Philadelphia Zoning Board of Adjustment (ZBA)May 4, 20225h 13m

Do we see any hands?

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i know they were on for a while yeah oh here they are mr dixon okay mr dixon could you state

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your name and spell for the court reporter kevin dixon k-e-v-i-n d as in dog i x-o-n

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right you swear firm to tell the truth the whole truth and nothing but the truth

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yes sir what is it okay to use just mr dixon is that okay count that's fine

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go ahead mr dixon you heard my testimony to the board yes sir and is it true and accurate

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yes sir okay and you would adopt it of your as your own yes sir okay thank you sir questions

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from the board no mr chairman no mr chairman no mr chairman and and council in in the paperwork

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it said events areas when in fact this is just a meeting space is that correct yes essentially

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that's basically what my clients their office is a meeting space essentially so it would be

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a meeting space slash office right questions from the virtual audience

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i see no hands at this time chair planning commission good morning david fecto city

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planning commission mr chairman and members of the board the comprehensive plan recommends no

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

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of auto repair so a professional office would appear to be less impactful than the previous use

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the property assessment record indicates that the property already has four bedrooms so given the

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existing conditions of the property this also appears to be essentially a legalization of a

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residential use. So the City Planning Commission recommends that the Board grant the use variances.

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Thank you very much. MI-2021-003215-2625 West Oxford Street, I vote yes.

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Harold Tenere, my vote is yes. Thomas Holliman, my vote is yes.

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James Snell, my vote is yes. Ishmael Shaheed, my vote is yes.

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MI 2021-003-197-4353 Paul Street. We have no exhibits. This is the second listing.

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Is there anyone here associated with the property?

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I see no hands at this time, Chair.

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M.I. 2021-003-197-4353, Paul Street. I vote. We dismiss.

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Carol Tenere, dismiss. Thomas Solomon, dismiss. James Snell, dismiss. Ishmael Shahid, dismiss.

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this. MI 2021-005-226-4734 North Street. Joseph Consol is the attorney.

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Letter of non-opposition for Taconi Civic Association.

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Chair, Mr. Consol is coming back in as a panelist now. Thank you.

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Good morning, Mr. Consul. Could you state your name and spell for the court reporter?

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Good morning, board. It's Joseph Consul. That's C-O-N-S-O-L-E.

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Good morning, Board. It's Joseph Consul. That's C-O-N-S-O-L-E.

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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.

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Good morning. Joseph Consul here for 4734 North Street. Is my screen sharing up with my packet?

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Yes.

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Okay. The owner of the property is Thomas Coughlin. He's on this call.

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This property is a 3,184-square-foot corner lot.

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Mr. Consul, our vice chair has a few questions for you.

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Oh, I'm sorry.

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

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I do.

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Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral, photos under plans of the property five days in advance of this meeting,

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and have you met with the rco and do you have a letter yes to all thank you may proceed and share

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your screen okay so i've got my zoning appeal packet up still uh it's a 3184 square foot corner

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lot at noor and hagerman just going to give you guys a little front view uh this red uh brick

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building is the four-bedroom single-family home this property next to it uh was historically

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a deli and a grocery store um and around the corner this is the hagram and street side

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and this is the back and the side of the property and the garage that i'm going to be

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speaking about in one moment. So in the 1930s, the property was approved for a grocery store

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and a single-family home. As I just showed you, there was a garage structure approved and built

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in the back facing Hagerman Street. When my client bought the property, the deli was boarded up and

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partially rehabbed as a single-family unit, one bedroom, and the garage structure, as you saw,

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was in need of rehabilitation uh so at the moment the property has two units in one structure

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and a separate garage with which fronts on Hagerman street um and we have uh there's the

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two electric meters um for those two units uh for the uh this former grocery store structure here

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and the single-family home there.

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So let's back up.

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Our goal here today is to seek approval

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to legalize the existing second unit

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to remove the old garage

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and construct a third unit that faces Hagerman Street.

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My client had originally designed and submitted plans

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to rehabilitate the garage into a three-unit building,

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and our original variance request

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included those three units plus legalizing the second unit in the former grocery store.

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However, we met with Tocconi Civic on February 28th. At that time, they were interested in the

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rehab of the property, but were not interested in adding three new units. They suggested a single

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family uh unit uh and not a three a three unit building where the garage is and um because they

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suggested that uh we took it to my client um and we rehab the plans we submitted our provide our

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plans with provisos showing um that that what was originally requested to be a um a three bedroom

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unit a three unit uh where the garage is is now a single three bedroom unit for a family

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um so the rco in response to that submitted their letter of non-opposition and um they also

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submitted a list of provisos all of which my client is prepared to uh accept and adopt if

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if they're enforceable to the extent they're enforceable the exterior of the new proposed

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structure has not changed but our request now is to legalize the two units that currently sit on

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the property and build the third unit into a three-bedroom single-family unit which will face

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hegerman street okay so my packet contains the new plans my packet contains the the photos of

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the property and all the other required documents we believe there are unique physical characteristics

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of the lot that demonstrate sufficient hardship for the granting of this variance.

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First of all, we have a large corner property, which has most of the frontage on Hagerman Street.

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So there's an existing garage structure that is sorely in need of rehabilitation and being replaced.

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There's an existing garage structure that is sorely

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And the existing structure was in the past, as I said, approved for a deli and a grocery store for at least 90 years ago, as far back as I could tell in the zoning archive.

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but we don't believe that converting that structure back into a deli or a grocery store

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would be beneficial for the neighborhood as they specifically stated they did not want

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commercial use in that property so just going to give you another view of the side of this

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property here and regarding the construction of the third unit in place of the existing garage

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the single-family nature of this side of the block of Hegerman will not be disturbed,

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as although this is technically on the same North Street lot, the new structure will front Hegerman

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and be in line with the existing single-family homes on that side of the block. Incidentally,

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the other side of Hegerman Street is multifamily, this whole building here.

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Finally, this garage itself sits out like a sore thumb on the block.

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And we believe that replacing it will beautify the neighborhood and create a nice sense of unity with the rest of the block on Hagerman, whereas now it's just kind of the side, the awkward side of this property, which fronts Noor.

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Call my client.

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Tom, if you could raise your hand virtually.

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Hi, could you state your name and spell for the court reporter?

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There's no one hand raised by their name.

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Tom, are you in the audience?

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Mr. Counsel, you're an officer of the court. We'll accept your testimony.

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Okay. Thank you. I'll rest on...

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Questions from the board?

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Yes, Mr. Chairman.

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Counselor, what's the hardship for five units?

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we're not seeking five units um mr holliman we are seeking the rehabilitation of the garage

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into as the rco uh wanted one unit uh and the legalization of the two units that sit on the

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property already the four bedroom home and the uh existing former deli uh slash grocery store

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so it'd be a total how many units three okay thank you so what does the deli become the third

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unit well the the the deli where to go the deli is this building right and you can see from the front

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um that that structure right there on the left there is uh like i said um primed to to become

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it's it's a single a single family or a single bedroom uh unit right now that is not occupied

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pending hopeful approval here and he has some more work to do on it too um from when he bought

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it but yeah so that would be a unit this is a four bedroom home here and then his hope is to

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convert this space back here into one three bedroom unit that would be flush with the existing homes

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on the block so counselor it's a total of four units it's three it'd be one one in this building

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here and then one in the main house here thank you so mr council you initially wanted five

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the rco spoke and you dropped it to three yes sir okay questions or comments from the virtual

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audience here i see no hands at this time planning commission thank you sir david effecto city

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planning commission mr chairman members of the board the comprehensive plan recommends no change

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to the residential single-family zoning at this location the applicant has not demonstrated that

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a hardship exists that would require the construction of a third unit since two units

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exist today the city planning commission recommends that the board grant the use variants

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with a condition that the number be limited to two.

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MI 2021-005-226-4734 North Street, I vote yes for two units.

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Carol Tenere, my vote is yes for two units only.

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Thomas Holloman, my vote is for two units.

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James Snell, my vote is yes for two units only.

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Ishmael Shahid, for two units.

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Ishmael Shahid, my vote is yes for two units.

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Thank you everyone.

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MI 2021-005-231-4659 Rising Sun Avenue.

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We have no exhibits.

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This is first listing.

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Is there anyone in the audience?

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here i see no heads at this time mi 2021 005 231 46 59 rising sun avenue continuance must be tried

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MI 2021-005-237-6959 Tulip Street, Justin Crick is the attorney. No letter as of yet from the

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coordinating RCO Taconi Civic Association that we see. Chair, Mr. Crick is coming back in as a

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penniless now. Mr. Crick, you've already been sworn. Yes, thank you. Could you identify your

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client? Yes, the client is Catherine Salisbury. She is the proprietor of the business located at

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the property. And has there been RCOs involved? Yes, we did meet with the RCO on March 22nd.

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uh the the meeting was was not that heavily attended but it was our understanding that

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they were preparing and would submit a letter of support to the board okay our vice chair has a

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few questions for you and mr crick do you agree to waive the reading of the refusal and stipulate

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to its accuracy i do have you emailed the exhibit packet with proof of ownership tax compliance

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a copy of the refusal or referral photos under plans of the property five days in advance of

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this hearing and have you met with the RCO and do you have a letter? Everything but their letter

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which is out of my hands but we have followed up with them to try to have them to do so. I was

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under the impression they may have submitted it directly but if you're not in possession of it

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I do not have one either at this time. Okay thank you you may proceed and share your screen. Thank

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you all right um mr chair members of the board um i'm here today uh presenting an application

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let's unpause i'm here today uh presenting an application for the property at 69 59 tulip

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street in philadelphia pennsylvania the applicant is seeking to expand an already existing use of as

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a daycare on the first floor with the expansion to now encompass the second and third floors

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of the same building in an existing structure.

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The refusal is that a daycare, this property is located is RSA 3 designation and therefore

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the daycare is prohibited in the district.

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Again, it has been approved by administrative permit in April of 2011 for the first floor

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and we are currently, Ms. Salisbury is the recent proprietor of the daycare, seeks expansion

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to allow for additional students and additional offerings to people of the neighborhood for

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the daycare service onto the second and third floor. And as it indicates on the ZVA, on the

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refusal, the daycare center at the first floor, and it was a club, a social club for the Knights

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of columbus at the second and third floors in the in the recent past uh with at that time was given

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a maximum of 23 children for geographic purposes the property is located on tulip street between

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tyson and distant close to uh state road and and you know in the northeast and i'm just to give you

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an idea the lot size of this property is approximately 11 300 square feet is a very large

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property on the corner here with ample space outdoor for the children to play um and and you

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know enjoy themselves outside uh the improvement size of the building is about 3592 square feet

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and actually this picture better better represents the size of this property um some of the some of

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the thoughts that we discussed with the neighborhood while they were not necessarily concerns

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were how drop-off and pickup works.

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And because Tulip Street has a sizable frontage on it,

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there was no concern of the neighborhood

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regarding any traffic in the increased use

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of the second and third floors of the property.

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The surrounding area is RSA 3 as well.

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And just some exterior photos of the facade.

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Again, the first floor is currently in use,

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is a legal use since about 2011. And we are looking to just increase with upstairs and

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is a legal use since about 2011.

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and we are looking to just

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downstairs. You can see some of the equipment on the outside used for recreational purposes.

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So what we're seeking to do again, first floor use, interior photos,

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seeking to expand same into

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second floor which is not being used but for some storage of materials but would like to be

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converted additional second floor it is space that has been updated uh and is ready for use

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for this purpose um a rough sketch of the property by miss salisbury uh herself in order to save on

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some of the costs of an architectural drawing but as you can see the open floor plans generally

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speaking of these buildings uh would would very much uh be in line with the need for the type of

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classroom slash daycare facility that she's looking for here's an exemplar copy of the lease

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i'm sorry ed was that a question directed yeah now continue i'm sorry all right uh we have tax

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clearance for miss salisbury and photographs of the posting on the property as well as actually

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maybe i did receive this not too long ago um yes i guess on april 5th

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we did receive a document um and in in essence if i recall i guess the the i know from the meeting

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that they were in support but we do have down at the bottom that the zoning committee does support

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the variance request the property has been used as a daycare for many years not a problem with

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the neighborhood parking traffic and maintenance all occur without influence of neighbors uh there

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was very little attendance at the meeting and um i apologize for for overlooking the fact that i

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i may have received this and i did include it in the package uh in the beginning um so at this time

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Ms. Salisbury also just should let you know that she is the owner-operator of other daycares.

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