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Hearing video

ZBA Hearing - July 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 21, 20215h 54m

truth i affirm sir thank you please proceed i'm a member of lumbar central presbyterian church

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i'm one of the elders there and i do not agree with the information you just received from the

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attorney. We were never told of another proposal. And the home that's next to the church is owned

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by a single woman. It's not an Airbnb. That's not true. The applicant went up around the community

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trying to bully people with a petition and making promises. But what they could do for the community

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if if the um people went along with him he even approached the minister with other um promises

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um so we're really i'm really really saddened by what i just heard um it's not true yes we he had

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we had opportunity to talk to him but coming to us saying that they had another proposal was not

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true pan andrews who's our president is on the line she's had her hand raised several times no

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ones acknowledging her well we're that we're acknowledging witnesses now that's why we were

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waiting for the testimony from the applicant now we open it up for comments and uh testimony from

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uh witness from people in the community so uh as there is miss edwards

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yeah mr bertill just briefly um i just want to touch on one thing that miss uh peters uh mentioned

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I did inform the applicant that it was, and I think I stand by this from basically all of our clients, that it is generally a good idea to get out in the community, knock on doors, introduce yourself and things of that nature.

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that's what they were doing um they were told um pretty quickly i mean they were able to get

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some signatures of support but they were told to stop into not doing that by the rco which we

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respected their wishes and we stopped immediately once we realized they didn't want us talking to

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neighbors individually um and so that that's maybe what miss when miss peters is referring to

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But in terms of the willingness to meet with the RCO again regarding the lower density, that communication was directly with Ms. Andrews, not with the church.

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Hopefully Ms. Andrews is on.

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I believe she is.

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Is Ms. Andrews there?

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Chair, we have a camera.

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And Pamela Andrews is in the audience.

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I don't believe she has her hand raised, but she is here.

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Ms. Andrews, if you could raise your hand, if you wish to testify, your virtual hand.

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I've been unmuted.

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Should I speak now?

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Kara?

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Yeah, please spell your full name.

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Kara, K-A-R-A, Rennert, R-E-N-N-E-R-T.

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and I own

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21 Paliton.

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Do you swear for him to tell the truth, the whole truth,

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nothing but the truth? Yes.

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Thank you, ma'am. Please proceed.

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So I'm not sure

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why

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this,

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why you're calling it an Airbnb

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house. I do share my house

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with a nursing grad student

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but I don't see how that's

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relevant.

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It is a single-family house, and when I bought that house, leaving where I used to live next to a multi-unit dwelling, I did not want to live in that situation again and knew that the lots were zoned.

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um and knew that the lots were zoned um for single for single family houses so i stand with

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my neighbors in my neighborhood um that we don't want a multi-unit another multi-unit

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um in that location

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i should clarify for the record chair that i don't know for a fact that um

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Ms. Renner utilizes Airbnb.

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I just mean short-term.

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I don't know.

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That's usually what.

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Oh, hello.

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Oh, wow.

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Ms. Edwards, Andrews, Ms. Andrews.

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Can you hear me?

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We heard someone.

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Would you, Ms. Andrews, you have to unmute yourself.

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There we go.

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Okay.

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Thank you so much.

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

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My name is Pamela Andrews, P-A-M-E-L-A, first name Andrews, A-N-D-R-E-W-S.

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

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Hello?

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Yes, I do.

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Thank you.

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Before you begin, have you been listening to all the testimony?

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Most definitely.

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Well, I don't know if you heard the beginning part where Mr. Battelle had suggested if it's if it's meets with the West Poulton community, folks.

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Let me let me let me let me finish, please.

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I'm so sorry.

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He's asking whether if it was possible to have another meeting to talk about revision to the initial plan.

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And if that's okay, we will schedule a special hearing on a specific date to get feedback from you and your neighbors and your RCO.

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Is that something that you would entertain?

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Ms. Anderson, you can unmute yourself now.

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I mean, Andrews, I'm sorry.

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Can you hear me now?

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Yes.

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Thank you. Well, first of all, Mr. Bertel's testimony that I heard in the beginning was incorrect. I never had a conversation with him stating that the community would be open to another hearing to consider multifamily housing with less density.

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That was not a conversation that we had at all. So I don't really understand where that came from, that we would be absolutely open to that. I have to apologize. I don't know what happened that you did not receive our letter.

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We have it now. It was 22 and closed. None in favor.

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None in favor. And when we met back in June, the community was very strong in terms of their desire to uphold RSA 5 housing in that particular area.

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The developer basically had no hardship that would prevent the property from being developed and according with the RSA-5 zoning code.

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West Poulton Saunders Park RCO mission is to preserve and increase single family housing in the community.

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What I also want to add is Mr. Psaki circulated a letter to the community back in April of this year, basically stating that he was going to develop this property into a multifamily unit.

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That was before any variances were requested, and he wanted to get input from the neighbors, basically to determine what that construction would look like.

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After that, about a few months later, actually what I want to report is in doing that meeting, the community let him know very clearly that what they were interested in, first and foremost, was maintaining single family housing in the neighborhood.

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He said that he would basically go back to his developers and present us with some plans that might possibly work.

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The next time we heard from this developer was on a Sunday when he and one of his partners were actually coming through the neighborhood before the variance was requested with a petition attempting to get signatures.

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So, no, we did not say to Mr. Bertel that we were willing to have another conversation with him about a multifamily unit at 42.

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the family unit at 4223-4225 Powhatan Avenue and that we would consider decreasing the density.

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The community members of West Powhatan see no hardship and no reason why this developer cannot

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build two single family houses on those two parcels.

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Ms. Andrews, without putting words in your mouth, is it accurate to say that you as the chair of the Poulton Avenue folks, West Poulton Avenue, would not be willing to have a further conversation about looking at potentially reducing the number of units? Is that accurate?

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That would be accurate, because we do not want to support.

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Okay, Mr. Bertil.

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Mr. Bertil.

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Yes, Mr. Chair, if I could just respond. I mean, I have the emails of Ms. Andrews that I've sent to her requesting follow-up. And then if I could just ask Ms. Andrews, Ms. Andrews, did we not have a telephone conversation 24 hours ago about you stating that you would like a continuance for us to meet again if we wanted to propose a lower density?

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well i'm hearing from her now uh obviously people have the right to change their mind

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you're absolutely right i just wanted it on the record yeah i hear you i know what you're going

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yeah you finish uh i just want to you know miss andrews the previous uh speaker they're all saying

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that they want this to remain as single family there's it seems to be there's no opportunity

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for any compromise no that's the way i'm hearing single family at this location that's that's

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that's what I gather from these conversations all right yes all right so with that I will ask the

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planning commission thank you chair Nicole Ozdemir for city planning commission staff

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the comprehensive plan recommends no change to the existing single family residential zoning at

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this location there are no unique physical conditions particular to the vacant lots that

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present a hardship to use these properties in compliance with the zoning code accordingly we

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respectfully recommend that the board denied the requested variances thank you mr chair

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because what i coming into this again as i stated um i was under the impression that we were on the

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same page i would miss uh miss andrews um i would request if we could uh have our project manager

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put on some brief testimony about uh the the problems with being able to develop a single

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family here i didn't think we would have to get into it because we would i don't i i i i heard

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what you said i think you've already made a good case about that in my opinion uh about the

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difficulty and the cost of labor and how the numbers are changing and it won't be not would

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not be economically feasible. I think the board has heard enough of that unless any board has any

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other questions. If not, we're going to take the vote. So having said that MI 2021-001720

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4223 Palton Avenue and MI 2021-001612 4225 Palton Avenue. My vote is no to both.

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My vote is no.

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No to both.

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Thank you.

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Next case is number 11, MI 2021-001713, 6398 Woodbine Avenue.

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Mr. Asia.

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He was on earlier.

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Mr. Rubin Asia.

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and he's coming in now as a panelist

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mr asia please i spell your full name and i'll swear you in

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thank you this is uh reuben asia r-e-u-b-e-n-a-s-i-a last um and i'm with uh fagri i drinker

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and reef you swear for him to tell the truth the whole truth nothing but the truth

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I do.

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Thank you. Do you agree to waive and stipulate to the accuracy of this application?

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I do.

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Have you read and emailed an exhibit packet with regard to the documents, including proof of ownership, proof of tax compliance, a copy of the refusal or referral, and photos and or plans of the property five days in advance of the hearing?

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five days in advance of the hearing we have and also have you met with the rco and if so have

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We have.

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and also

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do you have a letter we have the letter was provided earlier this morning via email

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did we get that letter yet we i did i got it this afternoon it's a letter in support

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okay thank you and also let the record uh let the record uh know that mr uh james snell or

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other board members now in attendance. So Mr. Asia, you can proceed. Thank you. Great. Thank you. So

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once again, appreciate the opportunity to present. My name is Ruben Asia, Berger, Jinker, Biddle,

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and Reith. I'm here representing the Overbrook School for the Blind, which is the owner of 6398

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Woodbine Avenue, Philadelphia PA 19151. Also speaking a bit later will be Todd Reeves. He's

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the CEO and executive director of the Overbrook School for the Blind.

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And if necessary, we'll have Jeffrey Peters from Boynton-McTavick Architects speak.

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Just wanted to give a brief description of the Overbrook School for the Blind.

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The campus is located at 6333 Malvern Avenue.

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If you look at Exhibit 7, you can see that it's quite a large campus

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in the Overbrook Farms area, and the mission of the school is to educate children and young adults

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who are blind and are visually impaired with or without additional disabilities.

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We've been, the Overbrook School for the Blind has presented before this board on a number of

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occasions. They've operated at this location at 633 Malvern Avenue for over 100 years,

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and they've owned this adjacent parcel since, I believe, 1948.

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Given the zoning designation in the area, which is RSD-1, and the historic use of the property,

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that's why we've been before the board a number of times.

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Currently, with respect to 6398 Woodbine Avenue, which you can see...

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Mr. Asia, do you have any exhibits you could be sharing with us?

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Oh, my apologies, yes. Thank you.

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Thank you.

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All right. Thank you very much for the reminder.

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Great, so with respect to 6398 Woodbine Avenue, it's at the top left in this blue square.

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The main campus parcel is this large swath of land right here, and actually the Overbrook

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School for the Blind also owns the adjacent parcel right here next to 6398 Woodbind Avenue.

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The property is currently zoned RSD1 and, as I stated, has been owned by the school since 1948.

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Currently, we're requesting a variance to use the property for a personal care home,

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which is prohibited in this zoning district. Just a quick summary of the personal care home use.

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It's on lodging for four or more individuals who generally require assistance with certain daily life activities.

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This is most consistent with the school's intended use for this property that they're requesting permission via this variance,

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which is for temporary lodging for families who have family members that require extensive care when away from home.

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And I'd like to give Todd Reeves the opportunity to discuss briefly the proposed use for the

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property for the board so that everyone can get a better understanding of what is intended.

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Todd, if you're available.

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I have a Todd Reeves.

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Yep, that is he.

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Mr. Reid, please spell your full name and I'll swear you in.

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Yes, my name is Todd Reeves. First name spelled T-O-D-D, last name spelled R-E-E-B-E-S.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Thank you. Mr. Asia?

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Thank you, Todd. So if you could give a brief explanation of the intended use for the property after hopefully obtaining this variance.

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sure and as you uh had already mentioned what the mission of the school is and it hasn't changed

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appreciably over time uh what also hasn't changed unfortunately over time is the very sobering

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under and unemployment rates that uh hover around 75 for those people we serve which are students

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and young adults with who are blind or visually impaired and we think to address that head on it

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really underscores the primary purpose for the utilization of this property in obtaining

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uh the primary purpose for the utilization of this property in obtaining a variance that will

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positively impact our students by allowing them to gain really 21st century employment skills in

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the hospitality industry by operating a bed and breakfast there is a very closely aligned other

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social enterprise that will serve the best interests of our community in that the first

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floor of this property will be renovated substantially to provide what's called a

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total care suite for children who might have very severe to profound physical disabilities

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in which they could be easily transferred by their parents from bed using an overhead sling and then

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an overhead transfer system into an appropriate ADA

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regulated toileting and showering area,

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and then be able to be transferred back to their wheelchairs.

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That kind of total care suite,

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obviously doesn't exist really anywhere in the country

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in the context of these kinds of services

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