civus
Hearing video

ZBA Hearing - March 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 16, 20225h 49m

They actually, it's like a cut through as well, a shortcut from Woodland Avenue to get to the bridge, to get to the interstates, and so on and so forth.

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So it's just constant action.

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There's actually there's two stop signs here outside our building, and people are always trying to cut through as a shortcut.

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And it's just it's rolling through the stop signs on stop all day, every day.

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And you're talking about 18 wheelers rolling through the stop signs, right?

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Not just. Correct. And buses. Yep.

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All right. And so you also, in addition to owning this factory, you own other homes in the neighborhood?

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I do. As Paschal Partners LP, we own about 15 properties in the area. It's a mix of vacant land and dilapidated homes.

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Over the years, we've spent close to $500,000, if not more.

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Mr. Horowitz, I'm not sure what Mr. Horowitz, I'm not sure what that means.

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So could we move on, please?

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You've been able to successfully renovate and rent or sell properties in the neighborhood, including on this block.

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Correct. Into residential homes.

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Thank you. And I just have one last question.

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At this dead end here, which is kind of at the end of your factory, down 50th Street here, if we've continued south where it gets cut off by the train tracks.

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Does anything happen down there at that end that you're aware of with regards to the train tracks?

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Yeah, there's a lot of cars that are left that sit for months and months.

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There is dumping that happens of furniture and mattresses and trash.

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There are cars that go down that way.

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What about the train tracks?

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Do they service the train tracks through that access point over there?

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That I'm not sure of.

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That I'm not sure of.

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Okay. I don't have any further questions for Ms. Kushner.

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Counselor, are you through?

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Yes.

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Okay.

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Yes.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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I just have a brief...

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No, Mr. Chairman.

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Chairman, I have one question for you.

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So first thing is, listening to Ms. Rachel and her business, and it seems like from where the child care facility is trying to offer, it does not seem to me that it will be an increase in large vehicles coming down 50th Street, North Pasco, for a daycare.

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It's only an increase in vehicles, not commercial vehicles.

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And from what I understand, she said she has trucks running around the clock to her facility.

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But usually with child care facilities, you usually have a drop-off time, might go over a little bit, and you've got to pick up some.

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So I'm a little unclear on the expectations you are looking from a daycare facility.

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Furthermore, when it comes to large vehicles coming down,

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did you see that the applicant's property is located on a corner coming down

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and then the other side is a dead end?

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There's no traffic, low traffic random, coming into that area.

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The commercial vehicles will at least be turning adjacent to the property

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and away from the property, not towards the property.

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So I'd just like to make sure that's added to it.

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Thank you, Mr. Shahid.

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Mr. Harwich, do you want to summarize?

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Yes, please. Well, you all have heard the testimony today. Most strikingly, there's been no allegation of any hardship or any proof of a hardship. The most important of the many factors that Ms. Lewis would need to prove to you today in order to grant a variance.

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Yes, please.

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Well, you all have heard the testimony today.

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For that reason alone, we must deny her request for a variance today. She would have to show that there was some hardship of the land. She hasn't even made that allegation.

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But even more so, what our evidence has shown today is that the neighbors and 44 close by neighbors who've submitted petitions and the neighbors very close by, including the factory across the street, have said this is not a compatible use with the neighborhood.

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And that's why it's not zoned commercial. These residential and industrial uses have existed side by side for decades without any incident. These trucks know how to deal with residences. They don't know how to deal with these commercial property right across the street where there's going to be pickups and drop offs as these trucks not only coming in and out of the factory, but also are constantly cutting down to get away from it.

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They've saved one traffic light and they blow through a couple of stop signs and they can get to their destination across Graves Ferry Avenue quicker.

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And they come one after another. All of my clients that have testified today have testified to that fact because that's the reality.

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Despite what anybody might surmise about this residential block, the reality is there's a huge industrial factory across the street that constantly has trucks coming in and out.

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big 18 wheelers and big 18 wheelers are coming down the street in addition to trash trucks and

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not just trash trucks for this neighborhood but for the entire city of philadelphia commercial

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and residential they come to this neighborhood and to these industrial properties around these

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properties and the septum buses are constant and thank you so with all of that um we we don't

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believe that a variant should be granted thank you thank you miss lewis would you want to take

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two minutes just to respond yes i would i would like to oh first of all i would like to say

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the children will be dropped off they will not be parked there they will not be sitting there

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whether they come by scepter or get dropped off in the morning by their parent furthermore the

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block that that i will have the children drop off on is on 50th street which is a dead end

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the traffic that comes into the building across the street is comes straight through it's never

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sitting on that block. I've come around that area. I grew up in that area. I'm a police officer. I

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patrolled that area on numerous occasions. And furthermore, it has also been other businesses

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on that block in the past. It was a barbershop in the middle of the block and it was a hair salon

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at the end of the block. I grew up in that neighborhood. I know that neighborhood very well

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and accidents take place every day. But with me, I have three entrances. I can either come in 50th

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Street, the side of the building or the back of the building, which is gated up for my children

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to go in and out. My children will never be left on outside unaccompanied by a parent or myself.

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We bring the children into the facility. We practice safety all day. I will have safety

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measures put in place. I will have permitted parking put outside if I have to. And also,

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I'm trying to get speed bumps put into the neighborhood within the city council. And if

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they're unable to do it, I'm going to do a fundraising myself to get it done. But I will

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never put a child in harm's way. And yes, it is a busy area, but it's busy everywhere.

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and it's not to say that accident that took place it took that place down the street near 50th

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street most of the disabled not near my daycare all right thank you mr lewis you're welcome

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anyone else in the virtual audience have a comment

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mr chair i have a miss mary cox with her hand raised do i allow her to speak please at once

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um hi i'm a can you hear me could you state your name and spell for the court reporter

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mary cox m-a-r-y c-o-x right do you swear for them to tell the truth the whole truth

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nothing but the truth i do proceed i'm a neighbor on the 1400 block of 49th street

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i am currently pregnant i know that there's a lot of options for child care in the area

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i also know there's a lot of commercial areas and i'm really worried about our blocks because they

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are in kind of a weird area take being taken over by commercial like i feel like we don't need more

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businesses we need more neighbors okay and i will say there is also a lot of accidents on my corner

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too several a month that i at least hear and witness myself when i'm home but you know i i'm

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of four people running businesses out of their homes but if she's not living there like then

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that changes it for me all right thank you ma'am thank you for calling in planning commission

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uh chair we still have people if it's allowed

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um it's still there's still people with their hands up you're saying

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So there's still people with their hands up, you're saying?

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Tanya?

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Yes, four people.

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Okay, so someone has something different to say than what was already said.

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Please put your hand up.

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I have an Oma Bukoma at a coger with a hand raised on.

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Sure, sure.

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That's a name.

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State your name and spell it, please.

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Sure. Olubukola, O-L-U-B-U-K-O-L-A, last name Adekoji, A-D-E-K-O-J-E.

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Right. Do 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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Could you state your comments, please?

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Sure. My husband and I are in opposition to this variance being granted.

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We are near neighbors who live on the 1400 block, just doors away.

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and as has been previously said um i wanted to respond to mr shaheed's comment about

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the issue between the trucks and the cars um because there are trucks coming so quickly down

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the street we do feel that there is a higher risk of accidents taking place um as pedestrians cross

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especially during those hours for drop off and pickup so as they do that i think it's it's an

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issue. Thank you. Sure. I also just wanted to add that we completed a safety study and we saw that

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20% of the cars, only 20% of the cars stopped at the stop sign. So most cars are speeding through.

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So it's a concern that as kids are crossing or their caregivers are crossing, or even as the

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childcare workers are crossing, it could be an issue as well. Thank you, ma'am. Thank you. Is

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there anyone else who has something they would want to add to this that's different than has

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already been said. We have a Carl Joseph. Jason, can you unmute? Mr. Joseph, state your name and

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spell for the court reporter. Mr. Joseph. Okay, we have a Tania. We can move forward.

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state your name and spell for the court reporter yes tania t-a-n-e-a pratt p-r-a-t-t

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all right do you swear for him to tell the truth the whole truth nothing but the truth

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yes i do proceed um good morning everyone i just wanted to um say that i am a resident

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in the community and it's funny just hearing everyone um say everything about things not

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being safe and everything and it seemed like with me having children that would kind of scare me

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period even if I was just to be a you know home buyer just to come and raise my children on that

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block it seemed like I would be scared to even do that the way everyone is describing it you know

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you would think that everyone on the block are just people who are not raising families but um

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when I heard about uh Miss um Lewis opening a daycare I actually walked around there myself

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just to see you know what exactly was going on and um being a member of the community being raised

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around there all my life I do know that the block has not always been residential it used to be a

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barbershop on the block I used to go to the hair salon with my mom and my grandma on the corner of

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the block but I wanted to see you know just what the fuss was about um and then talking to Miss

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Lewis and her actually taking the time to show me um how the daycare was and the things she was

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going to do in the community and how, you know, if I was to, you know, register in her daycare

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that she would bring my children on this side and so on and so forth. I was excited. I'm excited to

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enroll my two small children in that daycare when she opens up. Do I have other options? Yes,

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but I would have to walk over to 50th Street or I would have to walk up to 49th Street and it's

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like the option is right there, you know, why not take it? I just want to just let you guys know

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that i'm excited about her opening up the daycare i do plan on um enrolling my two children and

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you know there are accidents everywhere but everywhere that you go you know to um a daycare

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or a business or whatever it is you're going to have cars ride by you're going to have traffic

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you know you're going to have those things and the way that miss lewis described to me that she's

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going to run her daycare i'm excited about it you know i'm ready to enroll it mr shaman can we just

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get what the address was of that person who was just speaking? Yes, 4902 St. Brook Avenue,

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right across the street from 4907, where she wasn't supposed to sign that, because you guys,

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because they came to me to sign it as well, but I didn't know what it was, so I didn't sign,

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but my neighbor did, and she said, no, I didn't know what it was. So outside the, you are not

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So outside the, you are not within the 250 feet?

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within the 250 feet?

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Yes, absolutely.

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Yes, yes, yes.

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Born and raised all my life, yes.

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You didn't, you weren't asked to sign

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because you weren't within the 250 feet of the property?

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No, I was asked to sign.

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Okay.

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Okay.

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Thank you.

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Anyone else in the virtual audience?

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That's it, Chair, you can move on.

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Planning Commission.

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Thank you, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission. Members of the board, the comprehensive

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plan recommends no change to the existing single-family zoning at this location. The

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existing structure, as you have seen from the photographs entered as evidence, is clearly

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configured as a residential structure. We heard a lot of testimony about traffic conditions and

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safety conditions and so on, but I think the bottom line here is that the appellant has not

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presented any evidence to establish a hardship owing to physical conditions of the lot that

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prevent it from being used as a single family dwelling. And further, group child care for up

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to 12 children is permitted as an accessory use by special exception in RSA 5 zoning district. So

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our recommendation in this case would be that the board deny the variance and that the applicant

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reapply for a group child care use permit as an accessory use. Thank you, Ian.

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MI 2021 003845 1501 South 50th Street. I vote yes.

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Harold Tenere, my vote is no. Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Ishmael Shahid, my vote is yes. Is that a yes to Ishmael?

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it sounded like a yes that was a yes thank you everyone thank you miss lewis thank you

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mr horowitz thank you so much everyone good luck okay here okay mi 2021 004594 2038 north

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Lambert Street. No exhibits listed. Yarmouth Construction Group Incorporated.

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Mr. Chair, I have a Mr. Robert Clewell with their hand raised. I will allow them to speak at this

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time. Good morning. Mr. Clewell, could you state your name and spell for the court reporter?

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Yeah, sure.

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Robert Clewell, C-L-E-W-E-L-L, representing Yarmouth Group.

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Are you an attorney?

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I am, sir, yes.

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Okay, sure.

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Do 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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Could you identify your client and the relationship they have with the property?

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Sure.

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Well, there are two principals of Yarmouth Group, Dante Preston and David Bullock.

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They are, I believe, co-owners of that property, and they are on the call as well this morning.

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Our vice chair has a few questions for you.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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And I assume you've submitted the required documents.

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That's what our notes indicate.

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I did submit them all but the letter of support, which I did receive late yesterday.

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I do have that as part of my presentation, but it was not sent to the email address given.

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