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Hearing audio

ZBA Hearing - February 18, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 18, 20264h 37m

no so what is your plan to use the basement for the first unit okay yes um again uh the

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the first floor tenant, they will have access to the basement so

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they could use it for storing things if they need to store things.

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But it's generally just going to be a basement.

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So you're trying to keep it as an unfinished basement for storage?

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Yes. Possibly laundry? Yes.

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Okay. Are you open to a

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proviso for no household living in the basement?

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What was that question again?

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What was that question again? Are you open to a proviso for no household living in the basement?

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Are you open to a proviso for no household living in?

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Provisal for no household? Yes. Oh, yes. Yeah. Yes. Because I don't plan to have anybody

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living in the basement. The bedroom is going to be on the first floor. Okay.

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What about access to the rear yard? The first floor tenant, they're going to have access

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to the rear yard only

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and trash for the upper unit will be kept where

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um trash for the upper unit before trash day okay so um i plan to i plan to build something

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that's going to contain the trash like we're talking about now

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um their trash will fall within the same rounds of the first floor unit trash

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stored on the property my client is perfectly willing to have both units store their trash in

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the basement until trash day so that will so the second floor unit will be required to have access

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to the basement no no i'm sorry okay

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so what's the so what's the plan plan for trash would be to to have my tenant

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um manage their trash within their unit and then on trash day we'll take care of it

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my client would be willing to agree to any proviso as it pertains to a trash storage

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or do you have any uh uh comment from your adjacent neighbors neighbors that are directly

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adjacent to the property um i have i have uh support from my next door neighbor um what's

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If I'm 42, 42, she's 42, 40. She supports it. My other neighbor at 42, 44, she tells me about issue of cold air sweeping into her apartment, sweeping into her house.

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So, you know, I was hoping, you know, I could I could do the construction here and I could close this house up and help both my neighbors.

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um to your question my client has included a petition signed by members of the neighborhood

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one two three looks like about six neighborhood the neighbors and that would include neighbors

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in 42 16 42 14 227 42 31 42 33 and 42 40 all of whom have signed this petition as exhibited

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yeah thank you all right i i just have a comment it's a little hard to tell

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what you're trying to do from the plans that you're presenting to us.

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And there's mention of some kind of addition.

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Is there an addition that you were contemplating as part of this?

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No addition at all.

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Those plans are make-sick plans.

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Evan, I believe that I sent you the other floor plans itself.

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okay can we can we see those again because it's so there are proposed floor plans yes

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yeah where are they that would be very helpful that would be helpful

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them over to you right now if i haven't sent it to you um i've sent them i've sent them through

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the ZBA platform. They're there for sure, but let me check again and make sure that Evan has them.

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welcome when did you submit these plans to the zba um i would say 2020 i would say like

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i would say like january 2024 i would yeah i would have to look at the paperwork again

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january 2024

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but but definitely about january 2024 well the question is did you supply them to the zba yes

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yes i did and when did you supply them to the zba um my latest oh here here listen to me um

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you know we we can't go looking for plans that were submitted in january 24. what i'm going to

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do is i'm going to bring you back for a resumptive hearing and i want you to come back in ready to go

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with plans all right and we do have plans but you just told me you had plans from 2024 i i don't see

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them right i don't have well i don't have the time to go looking for them okay so you're going to have

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resumptive hearing and the resumptive hearing will be on march 17th at 9 30 a.m and come back

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and ready to go and we'll we'll finish this up okay may i just ask what plans are you looking

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for aside from the ones you i'm i'm i'm talking about he just told me 2024. the the only plans

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we have are the ones that have been shared with the zba here there are no other plans so you have

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fluid plans recording in progress i thought you said you there were proposed plans a proposed

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layout proposed layout plans that's what i heard him say i thought he said right all right i'm i'm

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going to continue this seriously okay all right we're going to move this to march 17th at 9 30.

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um we we got to move on okay thank you council and come back ready to go

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Number two, MI-2025-001-198-6610 Ashbrook Avenue.

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Vern Anastasio is the attorney.

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Vern Anastasio will be rejoining us as a panelist.

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Good morning, Mr. Chair.

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Good morning, counsel.

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Could you please state your name and spell for the stenographer?

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Yes, sir.

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It's Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Mr. Joseph Smith.

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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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Yes, sir.

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Counsel, before we start, do you have proof of posting for this?

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I do.

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Okay.

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All right.

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I could have my office send it over.

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Sure.

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could you could you show it do you have it there as part of your package it may not be part of

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this particular exhibit packet come back to him all right here here's burn listening why don't

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you get your office to find it you have several cases we'll move on to the other cases and then

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we'll come back to that okay appreciate it thank you sure all right um so number three

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MI-2025-001-202, 4810 Aspen Street.

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That's me.

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Vern, you're the counsel.

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That's me.

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Right, yep.

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Okay, why don't you identify your client and relationship to the property?

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I'm Vern Anastasio for 4810 Aspen Street, Equity Adventures Advisory Group, LLC.

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Mr. Shahid Kohler. Our vice chair has a few questions. Thank you.

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Good morning. Good morning. Have you submitted your documents and exhibits five days in advance of

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this hearing? I have. Okay, and do you waive the reading of the refusals and stipulate to the

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accuracy? Yes. Okay, thank you. You can show your screen and proceed with your case. Thanks. 4810

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Aspen Street. I have got a 57 page exhibit binder. It's for a group child care and an existing

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structure. And as you can see, the refusal dated 23 of January 2025.

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Everything went blank, right? One of those days. Excuse me, I have to stop sharing for a moment

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to reshare yeah i see something there or never mind that's not it these are all my cases up to

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day.

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Apologies, just one second, please.

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Okay, that should work.

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All right, there we go.

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Okay, thank you.

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Yep, you're welcome.

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It's one large building on Aspen, as you can see here.

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We've got a basement plan, which is an office, an eating area, a bath, and some storage.

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Your first floor is your reception and your learning and sleeping area with a kitchenette.

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This is the property in question.

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My client has over 10 years of learning care experience.

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She's a nurse aide.

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She also has a degree in early childhood education and middle school development.

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how long has she operated this run she has 10 years of experience doing this uh but now she

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wants to go to this uh this size so she's looking for uh increase in the number of kids which means

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an increase in the in the uh category for zoning okay here's proof of posting

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Here's the letter that went out to all the Mill Creek Advisory Council, and she does

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enjoy the support of the Mill Creek community.

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Here's the history of the property showing a long history of commercial use

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and that it was, in fact, a family daycare, and she'd just like to increase the number of children.

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here's your aerial map and the property will remain what is she what's she increasing to

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verne why don't i call her uh to the stand so she can take it one okay yeah uh may i call

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miss mafika miller griffin please okay

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i see no one in the audience by that name

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is mr shaheed colin there

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yes i will promote shaheed colin to panelists thank you he's a partner in this as well

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good morning morning sir could you please state your name and spell for the stenographer

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uh my name is shaheed colon could you spell it please for the stenographer

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i'm sorry could you spell your name please for the stenographer uh yes s-h-a-h-e-e-d

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c-o-l-e-n do you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes i do you also thank you mr colin first i have three uh uh fundamental questions we need

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to get out of the way before i ask the fourth did you hear my presentation to the board today

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uh yes i was i was there is it true and accurate to the best of your knowledge

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yes and do you adopt it as your own yes thank you do you how many children are we

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expecting under this new category uh six thank you you're welcome

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i'm sorry mr anastasia was that six additional children or six children total because six

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children total is normally a family child care correct it's it's six additional is that correct

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mr that is correct yeah thank you it's a total of 12. right questions from the board yes so is

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the intent now that the entire house is going to be the daycare facility and I'm asking because

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the second floor says on this plan area not surveyed and doesn't show anything but you showed

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us photos of what looks to be the second floor of a row house being used as classrooms uh Mr.

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Collin could you sure uh the entire first floor in basement area will now become the daycare

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and the second floor will not be is that correct that is correct thank you

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okay so the photos that we saw were those the basement yes ma'am

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Okay. So the photos that we saw, were those the basement?

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Yes, ma'am.

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Basement and first floor.

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Basement and first floor.

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And then what is the plan for egress in the basement if we're now going to have?

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There's rear egress right here. It's 100% above grade.

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Okay. And then where are the children playing?

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Because it didn't look like on the plan that there's like a dedicated play space.

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are you talking about outside or inside you think it can be in either place it just has

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to be a dedicated permanent play space well we have we have the rear where we have space we have

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but mainly it's going to be inside the rear driveway the shared driveway with the other

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well uh mainly is going to be inside it's going to be the play spaces to be inside if they need

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to go anywhere outside we can go through the rear and go to the um the yard to fill across the street

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so there's plenty of play space over there is the recreation center but we have access to leave

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the downstairs area out of the back and walk them to the playground we can also go out if we're

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upstairs we can go out of the front and go to the playground so the main play space is the playground

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because it's right across the street but if necessary there is space inside on the first

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and second level for the kids to play as well okay by the second level he meant the basement

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and first floor all right other questions yes so do you have the support of your neighbors

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your uh to your neighbors adjacent to you yes i do absolutely yeah we did go to the rco meeting

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and everyone seemed to be in full support.

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They were in support of the family daycare

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and they would be in full support of this as well.

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That was the feedback we received.

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What's happening on the second floor?

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I'm sorry, Mike.

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Is there a bathroom on the first floor?

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Go ahead.

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Is there a bathroom on the first floor?

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There is no bathroom on the first floor,

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but there's a bathroom on the basement level

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and there's a bathroom upstairs.

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so they'll use the second floor only for the restroom and not for anything else yes yes yes

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so what so what is happening on the second floor well nothing because of course there was a family

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daycare right where someone was actively living there and doing the daycare but now we're going

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to the group uh daycare so now it's all completely uh the daycare and no one living

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so but you know that that bathroom still would be operable to use so and your pro so your so

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your proposal is that what based on what you just said and i'm understanding that all three floors

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will now be the daycare if approved no only the only no only the top the top floor would be used

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for the the bathroom only there'll be no programming for the daycare on the top second floor correct

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So, so again, I asked the question, then what is the second floor going to be used for? It's not going to be used for the additional kids and that they testified that it'd be empty. That's, that's what he's going to remain as empty space. That's, that's what he testified. Yes. Is that right? Mr. Colin, Mr. Colin, Mr. Collins, it will, it will remain empty or for storage or things like that. Right. And it will not be used as part of active, uh,

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programming for the daycare is that right you're muted sir you have to unmute

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mr colin i apologize guys i apologize yes that is correct i apologize no use for the upstairs

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at all for any type of recreational living anything storage and just empty space the

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bathroom can be used if necessary thank you other questions yes what age children are we talking

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about here oh we have incense up to i believe 12 years old that's right doing before and after care

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uh school care as well yes before and after care okay and um who's uh what age children

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are you planning to have in the basement uh we're going to have more so the um above

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infant kids infants are upstairs but all range of kids all what all range between zero up to 12 years

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old okay um so i i guess um all right um you're talking about um children um who are some of the

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Children who are some of the ages are not considered to be capable of self-preservation. So having stairs is a problem. You need the two means, egress and ingress. You need enhanced fire protection systems.

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ages are.

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Oh, yeah. All of that will happen after, of course, once the zoning approval is done, we have to go through that whole CO process.

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You also may need, you know, emergency lighting, you need the panic doors with panic bars,

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and what have you. Yeah. And I don't understand how you're going to commingle all these

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children like this. Well, there's only 12 kids, right?

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Yeah, but still, you're talking about commingling children at different ages and stages of development and needs in terms of, you know, the idea of having the stairs.

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And you're basically saying for any of these children to, well, except for the babies, they either have to go upstairs to the second floor or they have to go down to the basement.

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Is that what we're saying here?

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For the restroom?

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Yes.

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