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Hearing video

ZBA Hearing - May 28, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 28, 20257h 56m

Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change in zoning from the existing RSA 5 residential single-family zoning.

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The appellant has not demonstrated that there are unique physical conditions or circumstances that would prevent the property from being used in conformance with the zoning code.

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The Planning Commission recommends that the board grant, sorry, deny the request of variance for multifamily.

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I appreciate the Planning Commission's input.

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If I may, just briefly, my client purchased the property with these multi-units.

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So I wanted to get it legalized, got the impact, and worked with the community to remove that basement unit to just legalize the three units that are above from the first floor hub.

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Thank you.

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So, Hillary, there's two different provisos sets, right?

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So the one that we have maximum three dwelling units and household living in the basement, no household living in the basement.

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Pardon me one second.

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Yes, I believe the no household living in the basement was requested by both RCOs.

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Obviously, the number of units that they requested varied a little bit.

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And then.

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There's no rooftop deck here.

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No.

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So, no.

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Well, and this is a change of use application.

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It doesn't involve any construction.

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So, and there was a, I believe, a request for interior trash storage, which I believe is already part of the applicant's plan.

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Yep. We comply with that.

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Right. So, MI 2023-006-953-2122 West Estar Street, I vote yes with proviso.

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Maximum three dwelling units, no household living in the basement.

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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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Caneta Graham, my vote is yes with Proviso.

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I would. My vote is yes with Proviso.

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Byrne, let's see here. Hold on, Byrne, I have a...

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Yeah.

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Number five, MI 2024-004738-401203, West Queen Lane.

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Thank you.

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can we go on with this

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we needed amended refusal

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so there were two things we needed

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one that we did receive

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which was the proof of posting

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Mr. Anastasio

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it appears that you're now proposing

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instead of child care center

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and two dwelling units

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you're proposing four dwelling units

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so in order to make that change

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we do need to have an updated refusal

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So the board can hear this today, but it will need to hold its vote for the updated refusal or amended refusal.

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I understand. I learned of that today, that the refusal, because we negotiated it, the child care center to be removed.

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We do need an amended refusal. I believe my office has already sent that request via letter.

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But thank you for hearing the case. And as soon as that revised refusal gets issued, we'll send it over to you for the vote.

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our vice chair has a few questions. Thank you. Counselor, do you agree to waive the read another

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refusal or stipulate to its accuracy? I do. Have you emailed in all the required documents and

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exhibits as needed to proceed with this case five days in advance of this hearing? I have.

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Thank you, Counselor. Please proceed. Thank you. Initially, we were proposing a first floor

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child care center with the two-family dwelling above. This is a large double property on a

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corner, as you'll see in a moment. We met with the community the first time. They asked us to

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remove the child care center so that they would be more apt to support multifamily living. And so

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that's what we're proposing. Instead of the child care center being in the former commercial space,

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which is here where my cursor is, what we're proposing is an apartment on the first floor of

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each of the parcels and an apartment on the second floor of each of the parcels.

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that's the change.

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That's the first floor.

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Basement will be for utilities.

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Of course, the exterior overhang

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and the windows all look like commercial space

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And the windows all look like commercial space because of the property's history.

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because of the property's history.

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The RCO also asked us to renovate that, and we fully plan to do that as well.

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Here's the new first floor.

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Here's your front door into your living room.

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Large eat-in kitchen.

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You have closet space, full bath, and two full bedrooms.

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On the left-hand side, you've got it.

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It's identical.

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On the second floor, got the same.

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We've got trash closets on the second floor because they have no access to the rear.

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As you can see on the left-hand side, there's a trash closet next to the coat closet.

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Same thing right by the bathroom.

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on the right-hand unit.

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Second floor units are two-bedroom as well.

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Entrance to these units are through the rear stair,

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as you can see here with my cursor.

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RCO was supposed to send a letter of non-opposition

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based on the change of use, based on their request.

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I had not received that as of yesterday, so I'm not quite sure if you did.

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Yeah, I believe we did.

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You did? Okay, great.

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Let them be in opposition, 12th Ward Democratic Committee.

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Wonderful.

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The vote was two in support, one in opposition, and one in non-opposition.

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Am I right, Tony?

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but we also have a note the rco request another meeting

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am i right a third meeting i'm just so i was not aware of that so there was a note on

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on the rco letter i'm sorry let me find it um there's a note on the rco letter that they

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requested another meeting because the notices for the third meeting they said were not mailed timely

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and then the property wasn't properly posted um proof of posting was provided um but they there

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was that note on their letter yeah i have proof of mailing as you can see and proof of posting

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proof of mailing april 24th 139 individual households

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so we're holding this anyway right we have to hold for an amended refusal

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so if the community has further questions they can they can raise them today or

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certainly reach out to Mr. Anastasio also if you take a look at the history of the property you'll

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see that the use has been a restaurant grocery store with living space above

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as previously as the 1980s it's a beauty salon and two apartments a delicatessen and two

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apartments so and that was in 88 so it's a long history because of the long history because of

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the work that my client did working with the rco changing the use to fit the needs of the neighbors

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i'm respectfully requesting the granting of the variance

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obviously to purchase this property and turn it into a compliant use would render the property

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a white elephant that would never be marketable the neighbors recognize that fully and my client

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is willing to work with them and making sure that the use is compatible to their needs with that

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I'd like to call Mr. DeShay Brown to the stand if he could raise his virtual hand.

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DeShay Brown has been promoted. Thank you.

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Mr. Chair, did you want to

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Can you hear me?

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I can. Thank you. Could you please state your name and spell

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for the stenographer? Oh, yes. My name is

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DeShay Brown. Spelling is D-A-S-H-A-Y

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last name Brown. Do you swear or affirm

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to tell the truth, the whole truth, nothing but the truth? Yes, I do. Please proceed,

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Yes, I do. Please proceed, counsel. Thank you. Mr. Brown, did you hear my presentation to the board this afternoon? Yes, I did. True and accurate to the best of your knowledge. Yes, it was. And do you adopt it as your own? Yes, I do. Thank you. I have nothing further, Mr. Chair.

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Council. Thank you. Mr. Brown, did you hear my presentation?

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Questions from the board. Yes. Can you all elaborate as to what concerns the residents had or the RCO had at the original proposed first floor use?

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They don't want kids occupying space.

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It's not a safe neighborhood in that particular area.

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And they had, in their opinion, and they didn't want children having to come in and out of there and dealing with the safety issues.

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They also felt there was an abundance of child care in this particular neighborhood.

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And the last thing they wanted was more of that.

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Was there ever any concerns?

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Go ahead.

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I'm sorry. But it was very clear that what they need is affordable housing. So smaller units, several of them, more approachable price points is what they wanted. So we acquiesced, even though we had a very long list of folks who were willing to send their children there. It's not what they wanted.

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Understood. Was there ever consideration of a different commercial use?

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They want no commercial.

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got it so they i should say based on the information i received from those in that meeting

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right but there was never a proposal that was presented to consider a different commercial

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use that was not a daycare we would have loved to uh we did offer we wanted as much input as we

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could we thought because of the long history of commercial it would only make sense to keep it

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that way. They wanted that ended.

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Other questions?

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Questions or comments from our attorney?

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No, it's

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time, Mr. Chair. Questions or comments

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from the virtual audience?

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Yes, Chair. I have a hand up from

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a Cheryl Smith.

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I will promote them. Sure.

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They should be back in shortly.

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Thank you.

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yes sure hi could you please state your name and spell for the stenographer

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my name is Cheryl Smith C-H-E-R-Y-L-S-M-I-T-H you swear or affirm to tell the truth the whole

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truth and nothing but the truth I do are you a neighbor I am I am a near neighbor I have a

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property but I'm also the person that wrote the 12th word letter oh good thank you please proceed

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Okay. I just listened to Mr. Anastasio and some of what he said is not correct. Although the letter, he does have a notice of mailing dated the 24th of April.

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The meeting was on the 29th. OK, no one who has had attended the meetings previously were able to got the notice for that meeting in time.

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The meeting was held with myself being one of them, but two other near neighbors who've never been on a meeting before.

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And then three people who were blocks away, multiple way away from the property.

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So they wouldn't be considered near neighbors. It's not that the neighborhood didn't want children in the area.

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We have multiple daycares. This is the concern of the neighbors. We have multiple daycare.

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That corner is a very busy corner, very active with drugs and, you know, traffic and to allow children to come in and out of there, you know, that time of day, early in the morning or whatever.

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It was just very dangerous. And that's what they felt.

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um that that side of the block is partially commercial um it's commercial residential

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but it's just been a history of problems on that side of the block with that that corner

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specifically um we recently had a fire that um because there were people living in there in in

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houses that were not um registered they you know they were squatting basically and it was just

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um registered they you know they were squatting basically and it was just dangerous for children

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dangerous for children.

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um we did we would have gone with commercial but there was nothing offered that um for us to

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for the neighborhood to decide on so at the third i mean at the second meeting um the owner

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and the neighborhood the community agreed on um residential um mr brown said that he was fine

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with that he was finally ready to get it over with he just wanted something there they did bring in

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on the second meeting they did bring in somebody who was interested in renting the first floor as

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a daycare the first meeting and the second meeting both came back with a daycare the neighborhood was

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not interested in that it's too dangerous we have daycare half a block away daycare up the street

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a block away from that it's just a lot um so it's not quite that we didn't want children there we

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have plenty of children but we just didn't want them we wanted their safety their safety was very

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important to us um and i did send the letter the same i did send a letter to his office i don't

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know why he didn't get it um i sent both letters for two properties that he had today um so i don't

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know why he didn't get it but we would like my interest is that hardly anybody who has previously

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been at a meeting nobody except for myself um was at that meeting because they didn't get notified

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in time i was requesting that they represent the information i've already told people what it was

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i've even sent out the the information that i had but um they wanted to see it for themselves

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and i personally think it's a pretty good plan but i can't make that decision for the total

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neighborhood not by myself when other people had um you know comments about it and even the other

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The RCO wasn't even notified that they were supposed to come to this meeting, and that

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would be solo.

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And they attend all meetings.

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Okay.

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Thank you very much.

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We appreciate your input.

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Do you have any questions?

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Vern?

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No.

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Ms. Smith actually accurately described how things went at the meetings as far as

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that's concerned.

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We did get, again, the first meeting, which was well attended, more than the second.

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And that's where we were told we want, you know, the folks would like to see residential.

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And that's why we came back with the residential plan.

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But yes, we did have someone interested in renting it for child care.

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Okay.

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Anyone else in the virtual audience?

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Yes, Mr. Chair.

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Charles Richardson, I have promoted them.

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They'll be back in shortly.

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good afternoon again um carl's richardson i think i think you should just stay on the phone

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personally but i think so stay your name for the record and then proceed carl's richardson

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