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Hearing video

ZBA Hearing - July 13, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jul 13, 20225h 14m

the

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for a safe injection site that had once been proposed adjacent at Constitution Health Plaza.

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We're sensitive to the need for that broadly in the city, but we were on board with prohibiting

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that use in our property. So we've agreed to that in the community benefits agreement,

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And then to meet the neighbor's parking concerns, or rather to mitigate the neighbor's parking

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concerns, we secured a long-term lease for 29 years in an adjacent parking structure

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that's on the same block.

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So we were meeting the full 47 spaces that would be required for non-residential uses

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in an RSA 5 district with this off-site parking.

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And as you can see, here are some photos of our notices being posted at the site.

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So, you know, in terms of before and after, we believe this project represents a dramatic

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improvement to the South Broad Street streetscape.

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Also worth pointing out that although we're planning a project in a building in excess

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of the RSA 5 height limits, we are roughly equivalent to the height of the historic building

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adjacent on Mifflin Street and other sort of taller points throughout the whole complex

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on the block that is Constitution Health Plaza.

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we also believe that we're going to be making a substantial improvement to nighttime security and

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safety we'll have a lot of cameras on the street and monitored security that we think will improve

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neighborhood security and then finally just to touch on parking again we have 12 spaces at grade

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that will be accessed via the same curb cut that will be slightly expanded from the existing curb

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cut but again we think we're improving the curb appeal from a sort of odd dilapidated parking lot

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with barbed wire fencing to an enclosed parking structure with nice wooden screening. We're

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creating an additional parking at grade of six extra spaces versus what's there today and then

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again we secured the lease for 35 spaces right around the corner. And here are some of our zoning

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plans which were submitted along with our application and here's an example of a typical

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floor plan for the proposed project. Here are some elevations, select elevations with materials

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to demonstrate what the look and feel of the property will be. And if you notice here on the

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sheet there is a dense health care corridor. Obviously this area has grown in its ability to

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support health care services and the community in the medical space. Yeah and Jennifer if I could

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interrupt for a second. I mean, I think it's important to point out that there's a tremendous

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density of healthcare use. I actually live on South Broad. There's a tremendous density of

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healthcare users that range from our region's premier healthcare systems to single, you know,

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sort of solo private practices that run, you know, all of South Broad, but really in a dense

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pocket from basically Tasker down to Wolf and Rittner where Methodist is. A lot of this space

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is older, and we are certain from our preliminary marketing of our proposed development that

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there's a real demand and need for new state-of-the-art medical office space on South Broad.

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And this is our project contact information list to let you know who's been working on

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this project and furtherance of the application.

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And as you've already heard from Jonathan Weiss, Max Silverstein, also Kyle, our architect,

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and Sarah and James, our civil engineers.

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And in this application, of course, we've also included copies of our refusal, our application

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for appeal, our project information form, certificate of tax clearance, a copy of our

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community benefits agreement, and our meeting summary forms of letters of support from our

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neighbor. And this is from our neighbor, and this is the letter with provisos connected to

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our community benefits agreement from our RCO. That concludes our presentation at this time on

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this application. Carol, I'm going to step off for a minute. I'm going to recuse myself for this vote,

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so could you take over? Absolutely. And your client has already adopted your testimony. Is

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that correct? That's correct. Okay. Does the board have any questions? No.

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Okay, is there anyone in the virtual audience with questions?

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Madam Vice Chair, we have someone by the name of Peter Zutter.

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Mr. Zutter, can you please unweight yourself and wait for the Vice Chair?

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Hello, can you hear me?

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Yes, I can. Mr. Zutter, can you put your name and address on the record and I'll swear you in?

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Yes, I can. Mr. Sutter, can you put your name and address on the record and I'll swear you in?

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Excuse me. My name is Peter Zutter, Peter, P-E-T-E-R, Z-U-T-T-E-R. I live at 1440 South Broad Street

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and I'm president of the South Broad Street Neighborhood Association.

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

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I do.

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Okay. You may proceed.

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I just want to record my presence here and that, you know, everything that the applicant has presented is what we agreed to.

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I believe that your package from us has a copy of the community agreement that we have with the owners, and we're looking forward to moving this along.

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Great. Thank you very much.

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Does anybody else have any other questions?

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I see no other hands at this time.

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Okay, Planning Commission, David, have you been sworn in already?

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I have not, Vice Chair, and I will give you my name and spelling right now.

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Good afternoon, David Fecteau, F-E-C-T-E-A-U, with the City Planning Commission.

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Thank you.

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Do you swear for them to tell the whole truth

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and nothing but the truth?

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Yes, I do.

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And thank you for asking.

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Vice Chair Tenari and members of the board,

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the comprehensive plan recommends this property

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for commercial mixed-use 3 zoning.

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The proposed height and use would be allowed

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in this zoning category.

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Therefore, the City Planning Commission recommends

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that the board grant the zoning and dimensional variances.

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Okay. Calendar number. Let me find it. Hillary, if you're on, is there a proviso for this?

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No, there is not. The proviso is that correct. Yes, the issues that the community raised,

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they were addressed in the community benefits agreement. Okay, great. Calendar number

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M-I-2022-00195, 1900 South Broad Street.

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My vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Okay, congratulations.

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Thank you very much.

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Have a great day.

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You too.

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Thank you.

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Thank you, Carol.

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The chair is back.

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Sure.

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He's back.

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MI 2021-003-735-201 West Hunting Park Avenue.

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Walter Tolliver is the attorney.

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Letter of support from Esperanza.

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Mr. Tolliver, can you please raise your virtual head?

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chair he's coming back in as a panelist now thank you

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hi mr tolliver could you state your name and spell for the court reporter please

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Yes, Walter Tolliver, T-O-L-I-V-E-R, on behalf of the applicant.

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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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Could you identify your client, please?

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My client is 199 Hunting Park Corporation.

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With me today are Josiah Diggs, our site engineer, and Sean Plum, our project architect.

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Great.

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Our vice chair has a few questions.

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Hi, do you agree to waste the reading of the refusal and stipulate to its accuracy?

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Yes I do.

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Have you emailed the exhibit packet with proof of ownership tax compliance, a copy

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of the refusal or referral, photos under plans of the property, five days in advance of this

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hearing, and have you met with the RCO and do you have a letter?

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Yes I do.

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Yes I have.

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Okay great.

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you may proceed and begin by sharing your screen. Please.

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can you see my screen we can all right good afternoon again i am walter toliver on behalf

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Can you see my screen? We can.

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of the applicant 199 hunting park corporation um we are proposing to erect a three-story

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detached structure for use as an educational facility with accessory uh on-site parking

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and administrative offices. On my screen is the elevation of the exterior of the building.

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That's one side of it and this would be

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side elevation and a rear elevation the um the property would um be as i said an education

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facility which is not which is not a permitted use in the district however uh the use of the

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site as a school we think is part of the fabric of the neighborhood and should be an allowable

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use as there are approximately 10 other schools in the general vicinity of this building. It's

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located at 201 West Hunting Park Avenue, which is a one to one and a half blocks away from

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the Esperanza Academy Middle School and High School, which are located at 301 Hunting Park

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Avenue and 4261 North Fish Street. The demand for this elementary school, which would make a K-14

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continuum of education provided by Esperanza Academy Charter School, is evidenced by over

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800 people on the waiting list. The building would hold approximately 600 to 800 elementary school

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students. This is a copy of some floor plans for the building. This would be the first

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floor where you see there'll be a gym, cafeteria, office spaces, and also classroom spaces.

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second floor would again have classrooms broken out by grades office space meeting spaces as you

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can see the hallways are designed to allow for some gathering spaces as well for students and

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teachers. And this would be the third floor, which would be a continuation of what you

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saw on the second floor. We are providing on-site 11 parking spaces. In addition, there

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will be additional parking available on the campus of the middle school and the high school,

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and Esperanza is in the process of acquiring another site directly across the street from

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its main campus, which will house additional parking for staff. And as I said, the main

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campus and this new site are approximately one to one and a half blocks away from the

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location at 201 West Hunting Park Avenue. We are not providing any preferential parking

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as this would be a temporary visitor parking site, so we did not see the value to having

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that type of parking available, didn't think it would get utilized, and we wanted to have

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as much on-site parking for staff and visitors as possible.

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and we're only providing one all street loading dock where the zoning code requires

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four loading spaces for building this size. However, because this is an educational use,

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not an institutional use, one loading area should be sufficient for the uses that will be happening

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on the site. As I've said, I have with me Josiah Diggs, who I'd like to now introduce as a witness.

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Mr. Diggs, can you please raise your virtual hand?

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Mr. Diggs, please unmute yourself and wait for the chair.

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

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Josiah Diggs.

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That's J-O-S-I-A-H-D-I-G-G-E-S.

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Right.

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

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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 mr toliver proceed thank you thank you mr chair uh mr diggs uh you heard my my testimony

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I do.

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earlier yes i did and would you accept that testimony as your own yes i will thank you

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and now i'd like to introduce uh sean plum as a witness who's a project architect

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what i'll do is we'll have him available mr tolliver i think you explained the project and

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what's going in there pretty well for us and i'm going to open up the questions if i have to i'll

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bring the architect back okay that sounds good questions from the board no mr chairman yes mr

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chairman council council uh the 11th parking space is at the new school is there any reason why

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is there's only 11 and do you expect for the teachers um and faculty to walk two blocks every

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day to and from the school and then the part two to that question part two to that question is

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the newer building that you ought to look into purchase or acquire what is the uh distance

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between that and the second school that you propose um i'm sorry this is tanya i'm sorry

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Mr. Tolliver. Secretary, can you please just identify that on the record that was you asking

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a question? Sure. This is Ishmael Shaheed. Thank you, sir. Yes, to answer your question,

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the plan would be for right now to have staff that could not fit into the 11 parking spaces

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walk the, like I said, a block to a block and a half from our main campus.

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The new building would be, again, about a block to a block and a half.

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The new parking lot would be a block to a block and a half from the site,

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as it's directly across the street from the main campus.

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We needed to get a building that provided as much infrastructure for the students to have the best

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educational experience as we could inside the structure. And in doing that, the amount of

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parking spaces that were left on site was the 11. And because we have the other available spaces,

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we wanted to maximize

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again the experience for the

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students inside the building

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so that's why we came up with this plan

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Any other questions?

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Any other questions for the board?

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So I just guess

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is there a certain requirement

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from license

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inspection on how many parking spaces

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is suitable?

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Hillary, do you know that?

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yeah it's on the board

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this is this is Hillary

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that was one of the refusals

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is for insufficient

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minimum parking and

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74 spaces are required

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11 are being proposed

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