civus
Hearing video

ZBA Hearing - May 7, 2025

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

keystone entrance for the main school

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the daycare entrance would be directly to uh the left which is not shown in this image but it's

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right on your left hand side yeah i believe this daycare actually came to us earlier this year

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am i you are correct and we actually had to revise the application um that's when we did

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the leave to amend yes good memory you're correct and then i thought when they testified when they

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came before the drop off and pickup location for the daycare was happening in the common parking

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lot like it was sort of like a designated loading zone is that still the case there's one parking

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lot um which is in the center of like right in front of the main building um david are you able

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to respond really if you can see here there's one parking lot you see on the screen yeah there's

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one parking lot yeah I feel like there was a photo of like just it was almost like it was off the

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drive aisle and the cars were just going to pull over and the kids were going to get out but I just

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I guess my main question it doesn't really matter where it was in January what where is the current

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daycare loading and drop-off zone and how does that relate to parking our walkways related to

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the medical facility both their employees and their patrons or their patients

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so the plan for the daycare as i understand it is that they're they're not going to be utilizing

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any parking save for their employees right because people are just going to be dropping

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off their kids so it's like you said they can either uh come and and stay on the street itself

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and just you know there can be individual employees outside ready to come and pick up the

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kids and bring them inside or they can pull in there's a drive-in and a drive out if you

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see um there's like kind of like a center arrow pointing to the left just below it you can see

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kind of visually that there's a drive-in and a drive out um so people can also come and drop

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off their kids that way.

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I guess it's, you know, up to the daycare

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how they're going to set that up.

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Okay.

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Any other questions?

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Questions or comments from our attorney,

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Questions or comments from our attorney,

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Hilary Emerson?

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Hilary 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, Chair.

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Planning Commission?

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Madison Matera, Planning Commission staff.

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The comprehensive plan recommends no change

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to the RSA-5 residential single-family zoning

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at this location.

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The proposed personal services in Child Care Center

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are complementary uses that one would expect

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to find in an active school.

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The City Planning Commission recommends that the board grant the proposed use variances for a child care center and personal services.

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MI 2024-006.

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Sorry, Mr. Chair, I just want to clarify for the record that the refusal was amended to the uses for a child care center and group medical, dental, and health practitioners.

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So we're going to do per amended refusal.

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Correct.

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I just wanted to clarify that for the record because planning may not have seen the amended refusal.

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Thank you.

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Thank you, Hillary.

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Okay, so MI 2024-006-181-6649 Tulip Street, I vote yes with proviso for amended refusal dated 1-28-25.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso.

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are you there

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my vote is yes

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okay thank you

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thank you counsel

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number 11

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MI 2025

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000455

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5199

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Mulberry Street

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Jeffrey Stacy is the attorney

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there's a letter of support from

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Frankfort Neighborhood Advisory

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Committee and a letter of non-opposition

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from council member Lozada. Jeffrey Stacey has come back in as a panelist chair.

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Good evening, Mr. Chairman. Hi, good evening, council. Could you please state your name and

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spell for the stenographer? Yes, Jeffrey Stacey, J-E-F-F-R-E-Y-S-T-A-C-E-Y. Do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth? I do. Could you identify your

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client the relationship to the property? Client is Mastery Charter School Smedley Elementary and

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it's an equitable owner by virtue of a license agreement from the school district of Philadelphia

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who is the actual owner. Okay our vice chair has just a few questions. Good evening counsel do you

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agree to either read another refusal or stipulate to its accuracy? Yes. Have you emailed in all the

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required documents and exhibits that's needed to and required to proceed with this case five days

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

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and then can you able to see my screen so when you're done this you'll just stay on

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because we have a second one for you too right yes okay thank you we see it uh great thank you

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So as stated, at 5199 Mulberry Street is the Mastery Charter School, Smedley Elementary.

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And the proposal is for some signage above the front entrance here, as well as some signage on the left-hand side of this building frontage.

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Just by way of background, the school serves students in grades kindergarten through sixth grade, about 760 students.

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We have 10 exhibits in our package that we submitted.

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The first is their refusal, dated December 11th.

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The school is located in the RSA 5 zoning district, and signage is prohibited in that district.

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um we filed our application for appeal on january the 10th which is provided here as

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well as the project information form as i said at the top my client's ownership interest in

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this property is equitable it has a license agreement from the school district of philadelphia

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And this will also apply to the next case as well. The School District of Philadelphia, I believe in around 2010, began the Renaissance Schools Program, where it sought proposals from charter school operators to take existing school district schools and, quote, turn them around.

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So Mastery Charter Schools applied and was awarded the contract for this.

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and was awarded the contract for the Smedley Elementary Schools.

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So we have a copy of the license agreement.

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Under that agreement, we need the school district's permission.

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That's been provided in the packet as well, and that's shown here.

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And then lastly, March 27th, 2025, all of the projects that Mastery Charter Schools is performing

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at its various campuses were recognized by the school district as donations to the school district

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because they are the owners of the property. So as set forth here, the work that has been done

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and will continue to be done through this particular application is valued at about

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$3.6 million at this Medley Elementary School. And the school district had also made a statement

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that, you know, these building enhancements, including the signage, will enhance the inclusive,

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engaging, and supportive school environments for all Philadelphia public school students

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in alignment with the school district's mission.

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We have our tax compliance certificate.

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And then to give you an idea of the actual proposal, we have some elevations here.

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So where my mouse is hovering is that front entrance, which I believe is on Bridge Street,

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and then some signage over here on the left-hand side of the facade where the mastery name will be displayed.

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Moving forward to photos, this is just simply a map view of the site.

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Here's an aerial view. Where Bridge Street is is the entrance where the projecting sign will go

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over the front entrance and where my mouse is hovering that sign on the left side of the facade.

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Another shot of the entrance.

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These are some shots of the side of the building. We posted the notices. There are shots in the

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packet from several points throughout the last three and a half weeks or so since they were

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posted the um rco meeting was held april the 10th um where is our approval letter uh and that was

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the the frankfurt cdc or formerly the cdc the frankfurt nac now who on april 11th confirmed

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that on april the 10th they had approved uh the project that we were proposing uh in that area

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In addition, Councilperson Lozada has expressed her support.

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And unless there are any questions, I'd like to invite Omar Robinson, who can adopt my testimony.

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Jeffrey, just for point of information, could you show the front sign over the door?

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I mean, maybe a close up of that.

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That's what it looks like.

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Yeah. You mean the front entrance?

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Yeah, sure. Yep.

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The existing or proposed?

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oh well the proposed sure

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right here could you make that a little wider no hard to say but

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and that's science projecting right that's correct okay bring bring your um line on please

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good afternoon can you hear me i can mr robinson could you please state your name and spell for

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the court sonographer yes my name is omar robinson o-m-a-r robinson r-o-b-i-n-s-o-n

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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 please proceed counsel omar did you hear the statements i made to the zoning board

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this afternoon yes and was everything true and correct to the best of your knowledge

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information and belief yes it was and would you adopt those statements as your own testament

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yes i would uh mr chairman i don't have anything further 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 questions or comments from the virtual audience

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i see no hands share planning commission madison matera planning commission staff

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the planning commission recommends no change in zoning at this location from the existing

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rsa 5 residential single family the property is a school and the proposal is to replace

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The property is a school, and the proposal is to replace an existing sign with a new sign.

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an existing sign with a new sign

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See you next time.

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The Planning Commission recommends the board grant the requested variance for projecting signs.

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Thank you. MI 2025-000455-5199 Mulberry Street, I vote yes.

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Dallas, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Ioan, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel. Here's the next one. So MI2025, 000456, 3715 to 33 North 19th Street. Yeah, you were in the counsel. We know who your client is.

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There's Proviso here.

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Okay. Do we have a letter from an RCO here? Am I missing it?

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we do have a letter from the 13th ward yes there's a letter of unanimous support

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okay good thank you all right please start counsel

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okay um so the the property at 3715-33 north 19th uh is uh operated or is occupied by

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mastery charter school grover cleveland elementary um it serves students in grades

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kindergarten through eighth grade about 750 of them there is a proposal by the mastery charter

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schools to erect some signage on this building as well a canopy sign and a wall sign both accessories

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to the existing use we have an exhibit package with 10 exhibits

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which includes the refusal

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which was dated December 11, 2024

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our application for appeal

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with our project information form

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and tax compliance certificate

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and what is being proposed here

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well strike that

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the ownership arrangement is similar to that

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at Smedley Elementary School

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they occupy via license agreement and the improvements as proposed as well as additional

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ones that have occurred have been recognized as a donation by the school district of philadelphia

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what is being proposed here

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let me go to the revised plans um so this this project required uh the the team to get to make

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a presentation to the Science and Streetery Commission, or committee rather, of the Art

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Commission. I believe that occurred in August. They had some feedback, which included removal

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of some redundant words and some comments about various sizing of lettering. That feedback was

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incorporated into a revised submission that was submitted to L&I, I believe in November,

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And you can see that here. I'll zoom in a bit. So what we have is, you know, essentially a marquee over the entrance on 19th Street, along with a sign that goes sort of straight up.

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And as opposed to Smedley, which sort of spelled out mastery, this would have the Mastery Charter School logo on the top.

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as i mentioned there was a visit to the science and streetery committee and in our packet we have

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the document from the art commission that decided you know this should be approved upon

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receipt of approval by this board

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we have various photos including a map view an aerial view

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This is the entrance as it currently exists now on 19th Street.

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It's kind of nondescript, doesn't really alert, you know, passers-by to, you know, where exactly the entrance is.

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There's additional photos contained in the packet as well.

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We posted our notices on April the 15th, and they've been up continuously ever since that time.

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There was a meeting with the 13th Democratic Ward on April the 24th, and here is our notice for that.

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And the RCO provided us with a letter saying that they support the project at Mastery.

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saying that they support the project at mastery.

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Unless there's any questions,

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I'd like to bring Mr. Robinson back on

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to adopt my testimony.

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Why don't you bring Mr. Robinson back on?

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Good afternoon.

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It's been unmuted and allowed to speak.

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Hi, Mr. Robinson.

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You don't have to be sworn.

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You've already sworn in.

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Just state your name for the record.

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Omar Robinson.

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Please proceed, counsel.

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