civus
Hearing video

ZBA Hearing - November 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 17, 20214h 52m

Good suggestion, thank you.

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So we'll get back to you, Ms. Vissak.

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They'll talk to you offline about how to...

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All right, she...

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Sorry?

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Pardon me?

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Let's go back to Mr. Griffin.

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Mr. Griffin?

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he's coming back in as a panel this year

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all right mr griffin please spell your last name and i'll swear you in

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that is uh g-r-i-f-f-i-n first name is jack uh jake or john

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it's john everybody calls me jake so i'll take anything you want all right jake do you swear

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for him to tell the truth the whole truth nothing but the truth i do mr duchico i'm getting a note

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here it says uh that i i don't seem to be able to uh come on video i'm not quite sure why but

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let's do this let miss tenere ask you a few questions and then we'll have tech staff help

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you through that and he's already sworn you're already sworn in yes yes do you agree to waive

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the reading of the refusal and stipulate to its accuracy yes ma'am thank you do you have or have

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

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or referral photos and or plans of the property five days in advance of this hearing and have you

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met with the RCO, and do you have a letter? Yes, ma'am. Okay, you may proceed. Mr. DiCicco,

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I forwarded a packet roughly five days ago. I may have trouble sharing this, but I'll give it my best.

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This is a situation where really all we're trying to do is legalize this situation out of the

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blue many many months ago this uh individual and her uh her business which is a professional

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dance studio perhaps one of the only ones in that particular area uh got cited for not being

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properly zoned uh we jumped on the situation immediately uh starting addressing that filed

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the necessary appeal. So we're not asking new construction, any additions, no extensions to the

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dwelling, just simply to legalize that. We met with the RCO. We had a number of contacts with

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them. We finally had a Zoom meeting with approximately 37 people attending, coordinated

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coordinated by Celeste Hardister. And attached in the packet that I sent is a letter of support

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that was dated October the 18th. We've also attached as Exhibit 2 the refusal. Exhibit 3

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was the property deed. Exhibit 4 was the floor plan and elevation drawing designed by an architect

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that we had retained jamie l kelly but we really don't i don't think need that in light of the fact

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we're not looking for any construction we're just looking to legalize this um we've attached just

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for your review seven color photographs uh i'm sorry then this is yeah is it possible to have

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Yeah. Is it possible to have any pictures or anything shared? Because we have people asking questions.

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any pictures or anything

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Yes. Let me see if I can do that.

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So if you have your documents that you're discussing open already, all you have to do is hit the green button at the bottom.

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if it is a computer you're using hit the share button it's a i'm on a uh i'm on an ipad so i'm

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i'm hitting the share and um then click on hit on the document

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i don't see i don't see that as one of my options

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once you hit the share button no documents come up for you to select no i i have them

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I'm right in my Dropbox all set to go.

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Yeah, I'm just having trouble.

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Chair, the only reason why I requested it,

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because we do have someone in the Q&A objecting to things,

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but if there is nothing for the audience to review,

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it's up to you how to proceed

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yeah I'm just trying

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Mr. Griffin

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Tanya

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Tanya said there's someone out in the audience

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who wants to speak on this case

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yes

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Mr. Peter Gamillion

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I believe he's

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a nearby neighbor

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we can allow him to speak as you wish

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let's get his testimony

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while we're working through the technical issues with Mr. Griffin.

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Okay, Peter, you can wait for the chair to swear you in.

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Good morning, sir.

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Please spell your full name and I'll swear you in.

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My full name is Peter Gomillion, P-E-T-E-R, last name G-O-M-I-L-L-I-O-N.

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

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I do.

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Thank you.

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Could you please proceed?

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Yes. So I live next door to Jeanette's dance studio.

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We're at me and my girlfriend, Dr. Kristen Whitaker at 534 Green Lane, directly abutting this property, requesting some sort of variance.

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We wish to stand firmly against it. And for two reasons, I'll explain those two reasons.

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starting with one their customers don't have anywhere to park and they're using the front

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of our driveway as their parking lot I submitted an email showing photographic evidence of this

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this blocking of the driveway happens on a daily basis and it's unbearable we're unable to get in

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and out of our property. I've had to call the police a few times. And I also have been threatened

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with some violence by one of her customers. And that's why we called license and inspection

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before we, you know, try other means to get this activity to stop. I'm not sure if you can,

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If you have that email I sent, I have an Arlo camera above our garage that shows them blocking our driveway on a daily basis.

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Your objection is based on, correct me if I'm wrong, on the inconvenience that customers or patrons of the dance studio are causing you and your lady friend.

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exactly it's it's it's it's the driveway it's the noise um they're operating no one lives there

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but they're operating this commercial business right next to our home and you know 15 20 cars

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come in daily early Saturday mornings all day Sunday and they're blocking our driveway

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where there's confrontation when we're trying to get in and out of our home

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um and we can't easily get in and out of our home without um some sort of confrontation

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um the parents are taking their kids and leaving their vehicles and going to five three six green

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lane in front of our driveway where we don't have access to the road you know in any sort of

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emergency situations and also um we're inconvenienced and we're not we're not able to

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enjoy our property and this commercial business next door um is a nuisance

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and this commercial business next door is a nuisance.

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Thank you. Mr. Griffin. I'd like to show my, I have photographic evidence and I'd like to share it.

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Please. Now how, I sent it by email, would you like me to. So staff, I'm sorry sir,

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do you have your information to share at the moment? I do. And it's up and ready to be put up

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on the screen? It is. Okay, staff, could you please promote him to a panelist to give them

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authority to share a screen? Yes, he's coming back in as a panelist now. Thank you.

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Okay, so let me see. To share my screen.

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Are you on a computer or laptop? I'm on a computer.

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So at the bottom of your Zoom screen, you should see a button that is green and states share.

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Oh, I see. Thank you.

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But before you click on that, are your documents open?

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They are.

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Okay, so you should be able to click on a share, then touch on your document, and it should allow you to share the screen.

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are you able to see my screen yes sir is the photographs you're showing is that your driveway

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it is and as you can see um they don't have cars those are these two are red and black are our cars

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and as you can see there's no parking for them to even do this activity they're doing

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and they just get out their cars every every night you know nine ten o'clock at night kids

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are screaming you know and they're just blocking our driveway we can't get out there's like 10 15

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cars all all night and we can't leave and they show no respect and no consideration um for our

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driveway sir excuse me is that red car in your driveway it is so okay i thought that red car

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was his car the black car is a black and red car okay these are this is our this is 534 green lane

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it's a townhome this is our driveway and as you can see through this evidence that they are blocking

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our driveway i cannot leave the white car in the lower portion of that bottom uh photograph is not

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your car it's not our car it's the next door neighbors to us to the right the dan studio is

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to the left i don't know why they're pulling in front of our driveway does your neighbor

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have your permission to park his or her car in your driveway

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it's that white car it's a townhome i'm asking does the drug does the owner of that white vehicle

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have permission to park in your driveway um if he would ask um i don't know i don't know why he

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would park in my driveway he has his own driveway this is confusing isn't that his driveway that

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he's parking in because it is a townhome i'm sorry can you repeat that yes the white car

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is the owner of the townhome next to you correct isn't that his portion of the driveway

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wait wait wait this is his where the white car is parked this is his driveway that's his

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portion of the driveway correct okay so it's not someone who's not um residing in your property

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or the townhouse it's your car the red and the red and black car belong to you and the white

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belongs to the townhouse occupant correct correct they have their two spots we have our two spots

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and your concern is in that one photo where people pull up block your driveway while they're

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get out of the car and taking their kids into dance studio or or picking them up from dance

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whatever they're doing whatever they're doing it's it's it's a lot well how long did the car stay

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It's a minute too long. I've been threatened with physical violence. We're trying to get in and out. We can't get in and out.

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I've been I've been you know we're trying to get in and out we can't get in and out we're being

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ignored it was a time we were trying to get to the airport we're trying to go up the street to

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ridge to get a COVID test we can't get we can't get out of our property I mean what is this but

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those cars that the photograph you're showing with the red car the door is open they're not

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permanently stopped there right they're discharging or picking up someone from the dance studio correct

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they're they're there on a daily basis i understand but they're not parking permanently

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they're just are they not parked are they not blocking my driveway sir they are for that minute

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when they're letting their now it's not just a minute um because it's it's compounded it's this

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minute after minute for 30 minutes a day daily understood what the rest of my life

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sorry other than the parking situation do you have any objection to the activity or that the

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business that is uh going on at this 536 green lane we do we do we do um and it's it's surrounding

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the noise and the parking we can't we stand firmly in objection to it we stand firmly in

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objection to any sort of approval with conditions because her customers have shown for the past

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year that they will not find other suitable legitimate ways to carry out their business

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so we certainly just are in again against it and totally all right thank you mr griffin

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yes sir is your client the owner of this or did it have a lease no my client is the owner she is

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present all right um we can address all these issues yeah please please proceed

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uh jeanette are you uh on or someone could let her in mr chair can someone maybe jeanette share a

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screen hi hi how are you yeah ma'am please spell your first and last name and i'll swear you in

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And I would ask the previous witness, Mr. Gilman, Goldman.

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The Million.

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The Million.

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Please take your screen down, please.

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So, Jeanette, please spell your first and last name.

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Sure.

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It's Jeanette, J-E-A-N-N-E-T-T-E.

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And my last name is Rowling Julia.

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that's r-a-w-l-i-n-g hyphen julia j-u-l-i-a you swear affirm the terrible truth the whole truth

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nothing but the truth i do thank you please proceed um so just to comment um in regards to

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Mr. Gamalion's comments. First of all, we're not open on Sunday at all. We're in the studio

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Monday through Thursday. Our hours are roughly between 5 and 9.30 in the evening, and then

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Friday, 6 to 7, and then on Saturdays, 9.30 to 1. To speak in reference to the pictures that he is

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posting, I believe most of them are from last year. And last year, due to COVID, our parents

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were not permitted into the building at all. So what we did was we developed almost like a pickup

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line so that we could get our kids safely in and out of the building without cross-connecting

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with the other group that was coming in. So no one was able to enter our building at all

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other than the students. There was an issue with Mr. Gamaliel, and I did address it immediately.

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I've sent multiple emails out to the parents to please not block the driveway. And on any occasion

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where I see anyone pull up in front of his driveway, where their car would be butt up

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against his curb, we have addressed it immediately. I have even gone out as far as to contact the

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police, the Roxburgh, I guess it would be the police officer that handles community affairs

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to try to address this with Mr. Gamaliel. And there was a meeting that was supposed to be set

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up in the summer that never actually happened. I'm not sure why it didn't, but I was more than

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willing to address this with him because we have been there for 25 years.

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to address this with him because we have been there for 25 years um so of course my my first

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concern was we really need to get this addressed addressed and taken care of what i will tell you

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this year is that what the pictures that he is showing you that is not happening because our

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parents need to actually park their car to come into the studio to pick up their children.

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So our kids are not dismissed now unless a parent comes in and gets them. So they do have to legally

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park. To address the whole issue with pickup, it literally is five minutes. Our classes end,

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say if we have a 4.30 to 5.30 class, our class ends at 25 after 5 and our next class starts at

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5.30. The whole pickup drop-off is literally five minutes at best. And we do not have classes

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at 10 o'clock at night. And the kids that are leaving later at night are older children. Most

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of them drive they're not out there partying on the street making a ton of noise

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thank you okay mr griffin yes sir um were you able to get any photographs up or no

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judge i just can't seem to be able to do it i'm having some sort of a glitch okay no no worries

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all right um so your client she owns the property she's not a tenant correct

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That is correct. She owns the property, not a tenant. This is not a situation where improvements are looking to be made or anything of the sort. Out of nowhere came Elle and I months back and said, you know, your zoning is incorrect.

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So we look to address it. Really nothing more. Sent out notices. October 7th meeting with the RCO. Many of, I think, the members of that RCO had children that had passed through this dance studio for teaching.

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um it's a wonderful uh long-standing uh tradition in this neighborhood uh and and all we're looking

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to do is quote-unquote legalize it that's all understood thank you all right um any questions

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from the board uh yes mr chairman do the attorney have any site plan do you have any

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site plan parking pictures something to show to see what the physical problem is

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we we do not have any parking pictures we do have uh three pages of an architectural design

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which shows essentially the inside of the property, the basement floor plan, the ground

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floor plan, and the elevation of the property. We do not have pictures of the outside of that

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street area. This issue was never presented to us as an issue. It was not raised at the RCO level.

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There is a free parking lot now, which is right around a corner that the parents now use that has not been around for hundreds of years.

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so um this issue i think was in large part last year that was covid based uh and now all parents

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are instructed to uh find a spot uh come in get your child and then leave and looking at the

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photographs that that mr gomillion presented that was obviously what happened last winter

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there's a lot of snow on the ground so my my guess is some of the on-street parking spaces

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may have been taken up by snow piles that were put up as a result of snow plowing and stuff like

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