civus
Hearing video

ZBA Hearing - May 7, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 7, 20255h 57m

the previous owner did everything right except schedule the final visit from an L&I inspector

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to close everything out. And therefore, it all fell apart as if nothing was ever done correctly.

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As you can see here in the notes to you all, the ZBA granted a variance in 2011 for the exact same scope of work that we are presenting today.

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The plans that you will see were stamped by the board, by L&I, approved all nine yards.

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Unfortunately, my clients hired my firm to present today, this evening.

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They did not bring us on at the beginning of this process.

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Had they done so, we would not be here.

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We would not be here. I would have met with Mr. Reuter, Ms. Baldwin. Three of us would have

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I would have met with Mr. Reuter.

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administratively gotten this taken care of. Unfortunately, they're not from Philly. They

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don't know the Philly way. They just didn't know any better. So here we are. We need to once again

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approve something that's already been approved. And that's why we're here. This is the rear wall

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uh was uh extended up obviously there was a uh there was a an addition put on and um it needs

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to be reviewed again so this is the interior layout of the property itself living room and

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kitchen bed two bedrooms on the second floor sitting room in a primary on the third but i

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I think page six was probably going to benefit you more to understand what was done in the past.

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Here's the existing single-family home.

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They proposed at the time a new deck, access stair enclosure, what we call a pilot house,

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a roof terrace over the one-story addition, a two-story addition in the rear here, adjacent to the yard.

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and then of course there's the alley so all of this was approved over 10 years ago by this board

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by ellen i built inspected several times throughout the process they did not close it out

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with a final inspection so everything went to heck and that's why we're here today let's take a look

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at the...

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Do you have pictures of the back of it?

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Sure, I got pictures of everything.

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We'll get you to that in a minute.

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Is that the rear world

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they're talking the rear wall yeah this is the rear wall i don't know if it's exactly what

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they're talking about but my clients purchased the property less than two years ago during the

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process of closing they learned that it was never closed out all the proper uh paperwork and

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documents so the deck the roof deck access the rear wall you know all the overhang in the front

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all you know the uh everything had to be reviewed again which has been done since in the last 10

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years since they bought it no nothing's been done uh okay and in the last two years the permit

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expired in 14 right uh no sir no there was these permits uh that could be yes i think uh what

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happened was they revoked the permit or it died because it was uh deemed abandoned based on atlas

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right okay so that's that's what happened there i think page 76 also you can take a look at we

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met with the community

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my clients met with the community I should say

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and of course they had

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no opposition I also spoke to the

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council president earlier today

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he did say he was going to send Amir

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to the hearing I'm not sure

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Amir stayed on

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it is kind of late

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but they my understanding

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is they were supporting the RCO

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why don't you bring your client on and have your testimony

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thank you Scott

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Scott, can you raise your virtual hand or Marissa?

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Hello?

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

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Yes, sir.

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So my name is Amir Day.

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That's A, H as in Harry, M as in Mary, I as in Igloo.

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Hello?

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Can I hear me all right?

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

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I do.

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Please proceed, Amir.

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Yes, I'm here just to state that the council president doesn't need support of this property.

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thank you very much we appreciate it thanks amir burn let's get your owner on yep scott scott moore

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hello can you hear me yes we can scott could you turn your video on please so we could see you

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uh yes sorry one second um oh sure i thought i was on video

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I can as a panelist name, chair.

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What's that?

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Oh, yes.

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he's coming in a panelist okay great hi okay there we go all right hi scott scott could you

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state your name and spell for the stenographer scott moore s-c-o-t-t-m-o-o-r-e right do you

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swear or affirm to tell the truth the whole truth nothing but the truth i do please proceed counsel

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Thank you.

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Scott, you heard my presentation today?

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I did.

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True and accurate?

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It is.

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Adopted as your own?

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I do.

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Thank you.

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I have nothing else.

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Questions from the board?

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no answer this time, Chair.

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Planning Commission?

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madison matera m-a-d-i-s-o-n m-a-t-e-r-a do you swear or firm to tell the truth the whole truth

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nothing but the truth i do please proceed the comprehensive plan recommends no change to the

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residential single family attached zoning at this location there is no unique physical condition or

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circumstance of this property that would prevent it from being used in conformance with the zoning

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code the existing non-conforming addition lacks the required setback is is and is inappropriate

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to the location given local conditions therefore the city planning commission recommends the board

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deny the requested variances for a non-conforming rear wall setback thank you mr chair i just uh i

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appreciate that the planning commission uh this particular staff for weighing in when i spoke to

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the the planning commission prior however it was very clear that uh is there a unique physical

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condition to this property that makes compliance impossible the answer is yes that addition was

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built approved by this board did my client create that unique physical condition the answer is no

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as such the logical conclusion is the variance we we ask respectfully to be granted

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I understand. MI 2024, 005-489-2307 Nardane Street, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Senator Graham, my vote is yes.

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Kiowin, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you. Have a good evening, everyone.

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Okay, good. Number four, MI 2024, 006181, 6649 Tulip Street, Rachel Pritzker is the attorney.

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There's a letter of support from Taccone Civic Association and a letter of support from Councilmember Driscoll.

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Rachel Pritzker is coming back in as a panelist here.

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Good afternoon.

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Good evening, Councillor.

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Evening, sorry.

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Would you please state your name and spell for the stenographer?

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Yes, Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R.

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

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Yes.

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Did you identify your client and the relationship to the property?

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Yes, my client is 1892 Broadway Associates, which is the owner of the property.

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Okay, our vice chair has just a few questions.

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Good evening, counsel.

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Do you agree to wait to read another refusal or stipulate to its accuracy?

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Yes.

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have you emailed in all the required documents and exhibits as needed to proceed with this case

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five days in advance of this hearing yes thank you counsel please proceed and share your screen

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thank you

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can you see my screen we can okay this is 66 49 tulip street

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this is the refusal this property is an existing um large old school um that was formerly used

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as a catholic school for many many many years um it is zoned rsa 5 despite it being a large

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structure and a school we are proposing two uses in this massive property one is for a child care

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Center, and the other is for Group Practitioner, which is going to be counseling services for

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children in this existing structure. We just have the letter here because we did leave to amend

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to update the refusal. And again, the two uses, Child Care Center and Group Practitioner.

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These are only refusals that we have, and they're generated based on the RSA-5 zoning.

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I'm just going to bring up photos of the property and the deed.

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So as you can see on your screen, this is a large street-to-street property in the middle of the block, zoned RSA 5.

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So as you can see on your screen, this is a large street-to-street property in the middle

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of the block, zoned RSA 5.

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Again, as mentioned before, it was formerly a school, this large parcel here, never a single-family home.

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Aerial photo of the property.

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The property is 65,479,000 square feet, according to propertyaffil.gov.

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The structure is 17,825 square feet, and despite being RSA 5, it's a massive lot with dimensional square footage that far exceeds any single family home and obviously given the existing structure.

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Again, we're using two new uses for the property, professional services, group practitioner, and child care center, both which require relief from this board.

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the zoning post of the property you can also see kind of up close of this existing structure.

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Zoning posters and exterior photos just so you can see the interior of the structure as well.

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we're going to be repurposing the property for these two uses.

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If it was RSA 5 and we had to follow the zoning code, we'd have to demolish the structure,

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subdivide the lots, and try to build single-family homes here, which would not be the least

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modification of the code possible to warrant relief. And for a big building like this,

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Using an old school building for a daycare center or for group practitioner for counseling services for children is not out of the ordinary and will be a minimal modification of the code and the building to continue use in this existing structure.

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More interior photos. It's just a very big building. I think we get the point.

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This is the code sections. As you can see, RSA 5, child care center and group practitioner are not permitted by right.

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We met with the community group back in person on March 25th, which was the Taconi Civic Association.

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We presented the project to them. We submitted the proper mailers and notifications.

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And as mentioned, this is the meeting summary.

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We have three people who showed up to the meeting and submitted a letter of support.

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As mentioned, also, we have a letter of support from Councilman Driscoll's office as well.

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So just provided some floor plans as well, just to get a sense of the size and scale

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of the property.

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That's just the memo of law.

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So if I could bring on my client, the owner, David Hittery, just to adopt my testimony, if he's still on, and then happy to take any questions.

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David Hittery, if you're in the virtual audience, please raise your hand.

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He has been unmuted and allowed to speak.

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David, could you please state your name and spell for the stenographer?

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Yes, sir. My name is David Hidary, D-A-V-I-D-H-I-D-A-R-Y.

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

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Yes, I do.

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Please proceed, counsel.

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David, have you heard my testimony today? Do you believe it's true and accurate, and do you adopt it as your own?

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Yes, I have.

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Thank you.

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Thank you.

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Questions from the board.

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Can you go back to the plans for a second? I'm trying to understand accessibility.

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Sure. I just need to share my screen again.

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So the floor plans, here we go.

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so the basement is where the lower level if you will is where we're going to have

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personal services which is going to be counseling for children and then

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the child care center is on the above floors so it's two different uses

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The child care center is on the above floors, so it's two different uses.

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So about the accessibility, wheelchair accessibility, how are they planning to address that?

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I know it's not specifically zoning. I don't see an elevator. Are they planning to do an elevator?

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David, are you able to respond related to accessibility or if you're going to put an elevator in the building?

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um no i don't believe that uh installing an elevator is part of the plans at this time

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is there access david from the ground level to grade

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what the board on the first floor yes on the first floor yes there is okay

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so there's a zero step clearance somewhere you're saying or or ramps yes okay i just don't see is

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Is it shown on a site plan anymore?

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You have a site plan?

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I don't have a site plan because it's an existing structure.

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These are all part of the plans.

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To bring this old school building up to code after the fact,

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we'll have to include things like that, ADA accessibility,

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probably some upgrades to bathrooms.

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So that'll all be to get a CO after obtaining a zoning permit.

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Thank you. Other questions? Will the child care center and the medical practice utilize

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the same entrance? David, are you able to answer the question? No, they don't utilize

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the same entrance. The daycare is in what we call the annex building, and the medical

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practitioner is what we call the main schoolhouse so if rachel can pull up um you know those images

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that she had before um you can see that there's you know two different and there's actually

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multiple entrances to each facility one on keystone one on tulip um so they all have their

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own entrances and lobbies etc is the parking that door the parking is the same but that door

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that rachel just showed a moment ago is the main entrance one of two main entrances that's the

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