civus
Hearing video

ZBA Hearing - July 30, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jul 30, 20255h 22m

Just one moment, Jerry.

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Sure, take your time.

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Yeah, I wasn't aware of that.

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Harvey Smith is your client?

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Sure, I'll be right with him.

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Yes.

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He's been promoted.

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yeah so missing a refusal for off street accessory parking um minimum of uh two spaces

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and it's uh so yeah so it's i think it's uh i think we can go on i think we just got to put

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it on the record sorry sorry so for uh off street accessory parking it's one per 20 sleeping units

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plus a minimum of two spaces okay it's not it's not being provided and yeah the street itself i

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mean as the mailing showed that there wasn't weren't many residential homes uh involved here

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this is not a highly dense neighborhood so off street parking will suffice thank you all right

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could you bring your client on yep mr schmidt should be on mr schmidt

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hey i'm not sure if you can see me or not i can't sir yeah could you please state your

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I can, sir. Yeah. Could you please state your name and spell for the stenographer?

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name is bell for the stenographer sure my name is

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Sure. My name is Harvey Schmidt. First name H-A-R-V-E-Y. Last name Schmidt, S-E-H-M-I-D-T.

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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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Please proceed, counsel.

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Thank you, Mr. Chair. Mr. Schmidt, did you hear my presentation to the board today?

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I did.

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True and accurate to the best of your knowledge?

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Yes, yes. Very true.

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and you adopt it as your own testimony correct i will say there also is two parking spots in the

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back okay uh so that adds thank you nothing further thank you uh bernie how many people

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are we talking about that can stay there well for this current uh tenant uh because their

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requirements are one person per room right now we there's only 15 bedrooms uh but historically

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speaking most of those rooms are double occupancies so and in the past the last use it was up to 37

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folks I'm not saying we're ever going to get there but it is we we can you know it's an it's it's a

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unique situation that there's only one person per bedroom because of this particular tenant

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okay thank you questions from the board yeah how many how are you addressing accessibility a lot

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veterans have mobility issues. How is accessibility being addressed? The first floor will have two

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units and there will be a build out as part of the CO process to ensure that those are

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at least adaptable, if not accessible. What about the ramps to the building?

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If necessary, they're going to do whatever they need to do.

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If I could add, there is a ramp already there. Can you go back to the plans just very quickly?

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sure and i believe mr schmidt wants to add there's a ramp on the left side of the building

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thank you is it in the driveway that current driveway it's on the other side

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so if you go back to the photo uh of the front of the building the gray

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if you uh scroll down just a bit it shows a picture of the front of the building

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right there it's fine so um so i don't know if you can see it on the right hand side of the

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building right where your cursor is that is a point of egress right that is that is a ramp

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um for you know elderly individuals who need you know help with uh you know wheelchair you know

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it's wheelchair accessible for those that need it okay and that that extends to that goes up to the

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to the round floor the first floor level correct this swings all the way to the front and the back

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of the property you can enter the property from either side and have access to that right okay

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other questions outdoor space for uh the residents uh is that this front yard would be used for some

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outdoor space for them or any yes ma'am yes ma'am the front of the property there's a uh you'll see

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If he's right there, I don't know if you can see, there are two picnic tables right there on the right-hand side under the tree, but that whole area is used for outdoor space.

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Thank you.

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Okay, so how many bathrooms do we have?

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No, we have it here.

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Just give me one moment.

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15 bedrooms.

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15 bedrooms.

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How many bathrooms?

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Let's take a look.

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uh six in total thank you mr schmidt sure i said no much energy are these full baths each of these

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so five of them five of them are full bathrooms and there's a half bath on the first floor um

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as well as a full bath on the first floor that's handicapped accessible okay and then um you're

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going to have is there going to be support staff there that aid the yeah there'll be a rotating

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uh shift support uh at at the facility okay and how many people is that going to be

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i don't know at least one person per shift i would think yeah historically it's uh it's been

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uh two to four people during the daytime um so just to you know keep an eye on everyone

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can you can you explain where this ramp is on this plan because it if this is or it doesn't

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show a ramp maybe can't maybe if we go here mr mr schmidt well it is not on the plan so that

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right that's what i'm saying it's not on here at all yeah not on the site it's not there's on the

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plan right this right the stairs the stairs are on the plan and there's no ramp

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Right. The stairs are on the plan and there's no ramp. I mean, I heard you describe it, but I just don't see it.

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at the front, right?

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It's his sworn testimony that it exists.

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The questions.

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Yeah. How are the residents, the veterans referred to you? Do they come from a program or how does this work?

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That's a good question. I'm going to have Mr. Schmidt talk briefly about that.

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Sure. So actually the city of Philadelphia refers them to us.

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They come as referrals and the city of Philadelphia pays for them through the HUD program.

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So it's a programming initiative through the city that allows us to even meet the

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the veterans and actually pay for them to live in these facilities.

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Also, if if a veteran is homeless, we can actually recommend that he go to an organization such as Grace Cafe,

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who helps support these initiatives, and they will then refer them to us so that we can give them housing.

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so so this facility you have a sort of a continuum of care to assisted living or how does it work

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no the average stays about two weeks that mr schmidt can get into it a little bit more

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transitional house it is yeah exactly this is a stepping stone into permanent permanent housing

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right any other questions questions from our attorney i just want to send out that

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We're going to need the updated packet council presented to the board along with the updated proof of tax compliance.

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Okay.

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Thank you very much.

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Questions or comments from the virtual audience or the current audience?

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This binder, by the way, was updated, but the tax compliance, I do believe, just expired.

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So we'll get that to you.

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They're annoying, Chair.

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We checked it.

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We checked it.

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Doreen?

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do we have anybody oh no hands chair okay planning commission

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good afternoon chair and members of the board michael gall with the city planning commission

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the comprehensive plan recommends no change to the existing rsa3 residential single family

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attached zoning at this location the proposed use is consistent with documented prior uses

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and should cause no detriment to neighboring properties beyond what might be expected

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The City Planning Commission therefore recommends that the board grant the requested variances for group living and minimum parking allowance.

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MI 2025 001 571 6948 to 50 Tarsall Avenue. 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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Tana Graham, my vote is yes.

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Tywin, my vote is yes.

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Thank you, counsel.

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Thank you.

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Number eight, MI-2025-001-579, 1989 North 63rd Street.

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Alan Nockamson is the attorney.

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Mr. Nockamson, there's a letter of support from Overbrook West Neighbors

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contingent on a proviso of a temporary special exception.

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Could you just state your name for the record?

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Alan Nockamson.

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To identify your client, the relationship to this property.

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Yes, my client is McDonald, Real Estate Management, LLC,

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and in the virtual audience is this member, Kevin McDonald.

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Okay.

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There are two referrals.

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You waived the rating of the referrals, and you agreed with your accuracy.

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I do.

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Please start your presentation.

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Thank you.

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I am not a panelist now, so I just need to be promoted.

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Thank you.

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You have been promoted.

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All right.

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So our packing materials for this special exception case includes 12 exhibits, and there were 51

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and addresses notified of the community meeting.

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During our presentation, we'll first review the notice of referral.

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As the chairman stated, there are two exceptions to this matter.

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The first is really an expansion of the use of a therapist's office.

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of the use of a therapist's office. Originally, there was only the second floor of the property

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originally there was only the second

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had a therapist's office. We want to expand it to the third floor, so that use is existing

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and has been for some time, and I have a permit which shows that. The second use is on the ground

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floor. Originally, there was a furniture store there in that commercial space for some time.

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We're looking to put a church there, also a special exception.

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The community group, the Overbrook West Neighbors, Inc., had no opposition in support of this project so long as we agreed to a temporary variance for the length of the lease for the church.

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And I have in my presentation packet a lease amendment which says that the lease term goes through September 30th of 2029.

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So if this board is inclined to grant the variance or the special exception request,

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we would ask that it would last for the church only until September 30th of 2029.

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Again, you'll see use permits for this property showing various uses that are still currently there.

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You'll see the beauty salon, which is on the first floor of the structure,

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and that was a use permit in 2007.

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And then you'll also see about the therapist's office in 2006.

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And then maps of the area.

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We are a CMX 2 1⁄2 property.

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We would like to have therapist's office on the second and third floor,

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have the existing use of the salon remain on the first floor,

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and then to have where the furniture store used to be, a church.

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And then photographs of the property here.

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you can see the existing salon is right here this is the old furniture store and the second

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and third floors have the therapist office or at least we would like it to be expanded to a third

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story this is a proof of posting for today's hearing this is north 63rd street to the right

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of property to the left of the property our interior photos so these are the therapist's

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My client directly leases to therapists.

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It's almost like a WeWorks therapist where it's rotating.

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There are six offices in there.

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These are the offices and the waiting room.

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Another office, waiting room, and the different offices in there.

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This is the church structure.

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The church is about 1,500 square feet.

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And they have a good following in the neighborhood.

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They just want a different space.

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And then this is the salon right here.

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This is the church structure looking to the front door for the church space.

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Beauty salons here.

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I believe this is the beauty salon as well.

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And then just basically our plans.

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So I'm just going to expand out a little bit.

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but you can see here this is the church this is the beauties oh actually i'm sorry that's not

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there you go this is the beauty salon this is what we hope to be the church building

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there's direct access for each in the front there's also exit access in the rear for both as

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well instead of the first floor you go up to the second floor through a separate entrance

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and then the second and third floors are all of the offices these are the existing offices there

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and then on the third floor where we're hoping to expand that use are these additional offices i do

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believe that they're there so it may be a legalization of that use

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oops again we met with the community on may 29th at 6 30 p.m it was a very well attended meeting

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Again, they were very passionate about the fact they wanted a temporary variance for the church, which we don't object to.

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And then this is part of the community meeting notice that we sent out.

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We also emailed that notice to relevant parties a couple weeks before the community meeting.

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Again, we sent it to 51 addresses.

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Those are listed to the addresses, proof of mailing to those addresses, or applications for a special exception.

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notice of referral project information form deeds of property showing mcdonald real estate

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management llc is the owner of the property and then finally the leases and just want to

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point out the lease specifically for the church where it says the poems going to get to it

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Where it says the, hold on, I'm just going to get to it.

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It's September 30th of 2029.

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And then Certificate of Tax Clearance.

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As this board knows, the legal standard seeking a special exception is much lower than a variance.

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We don't have to prove undue hardship.

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We just have to show that the use that we're proposing is no worse than what you would typically expect of a use of this sort.

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So first, for the therapist's office, they have been legally there on the second floor for almost a generation, and there's been no complaints.

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The community had no objection to that use being expanded to a third story.

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And as far as the church, again, the use is no worse than what you would typically expect.

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And we're diminishing the potential impact to the community by having a temporary variance until September 30th of 2029.

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With that being said, I would ask that Mr. MacDonald virtually raise his hand.

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They've been a promoter to panel this, sir.

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