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Hearing audio

ZBA Hearing - January 21, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jan 21, 20266h 17m

I mean, that's an addition to the house, right?

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It is, and per the plans, it's a 14 feet 2 inch by 19 foot 1 inch, as you can see it right there.

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The other one is this, the new addition on the first floor on the side yard.

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I don't know if I can enlarge it so that way.

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This is the side.

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What is that?

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Do you have a picture of that, too?

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That one, there's no refusal for that.

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and I'll see if I can find a photograph for that I got it right any other questions here I can see

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only through the defense that's the side edition I think you're still looking for clarity on what

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is happening inside these editions exactly it's it's additional space is it like is it a separate

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room is it it's a separate room yes let me get back to that one that is most

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and and here there there's this is that edition it's a one-story edition uh

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that is on the direct part of i can show you what was existing let me reduce i think we're less

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worried about what was there i think we're worried about what is there now is there a bathroom in

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there no it's it's space it's just it's just like just like a diet like a family room correct and

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then the one on the side is in a here you go so it there there's electric obviously electric went

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uh work went uh was performed there um so there's light it's it's a family basically a family room

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mud room do you know how it's being um temperature controlled i saw the air conditioner on the side

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and i can ask the client but i'm not sure whether there is a vent for it but the air conditioning

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unit is directly to the side of it so or the condenser let me rephrase it yeah okay

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okay okay okay and you you gave a list of addresses where you said there were pictures of

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other additions do you know if any of those were legally permitted or not

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i i tried to go through all of the and i i typically do this is through all of the zoning

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um archives i did not locate any permits to obtain them otherwise i would it would have been easier

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to provide to the uh to the board i'm not here to to out anyone i'm just here

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we understand similar structures and depending on the size there is um there is administrative

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approval for a shed, if you will, and it has to be a certain size. This is larger than the shed that would be under the administrative code. You can have a shed, like the little shed you can buy from the Home Depot or the Lowe's, and I'm not sure whether these would, what you have.

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It's attached to the house.

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Yes, it's attached to the house.

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No, I'm not disputing that.

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There are other properties.

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What I saw when you go on Atlas, you can see definitely a lot of them also have the sheds that are not attached to the properties.

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But what I'm referring to, the 12 properties that I have indicated here at exhibit, not exhibit, in the table of contents at 7C1 through 12, Roman numeral 12,

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are those that I observed from a bird's eye view on Atlas

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that also are significantly, that have structures attached to them.

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And I guess the easiest way to do it is if I just stop sharing this

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and I can, I've pulled it up, I actually have it.

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yeah but i mean it doesn't what it doesn't matter to us yeah okay

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yeah but i mean it doesn't what it doesn't matter to us yeah okay all right it's like you're i mean

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the question is like everybody's wrong i mean i get it no i and i understand that i know i know

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all right so why don't we do this why don't you bring your client on to adopt

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your testimony okay see if we have any more questions for you um

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and it's it's kui uh zi kang chen and fang zhang they're together

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all right we just want one it doesn't matter i mean it just get somebody to say your testimony

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was okay that's fine i mean i'm trying to get if you can you can do that that's they should they

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should be able to okay could we um counsel could you repeat the your clients names again and ask

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them to raise their hand sure and it may be under helen lynn but if if she is with i understand that

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she is with them so okay i do see helen lynn in the audience and i have promoted that person to

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panelists excellent thank you

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ms lynn if you can unmute the microphone yes hello can you hear us

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and could you please hold on my friend here a video let's prove okay

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would you move to the to the side i i need mr chen and mrs j

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okay have have one of them state your name and spell for the stenographer mr chen would you

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okay would you state your name for us please you know

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spell it all right do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes yes um council okay uh mr chen did you have an opportunity to hear my testimony

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Tony today? Yes. Yeah. Listen to me. Miss Lynn, you need to move out of the way. You cannot be in this. You cannot be here in the video. All right. Yeah. Miss Lynn, if he needs assistance testifying, then we would need to get an interpreter. So please, please don't tell him what to say.

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okay thank you um and did do you agree to its truthfulness and accuracy

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yes would you adopt that

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yes okay is the board satisfied okay does anybody have any more questions for mr calvito i do um

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so the rco vote was kind of close um 13 or 14 could you tell me what some of the opposition was

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i'll be honest with you i i didn't hear any i was the vote was taken after us no one

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at the actual meeting itself there was

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look i've gone to enough of these meetings where you feel something going on there was nothing no

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one no one opposed there were stories well first weeks we sat through one hour of non uh zoning

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matters at bustleton and um so the people stuck around for this meeting and after there were

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really no questions as far as whether they built or anything um there the one conversation that i

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heard was another individual who had a similar problem that was in, what do you call it,

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it's 694 in City Hall for violations. And she told her story. And that was the extent of it.

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It seemed as if her conversation was actually positive, meaning that she didn't want to see

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someone else go through the same type of problem but i did not sense any opposition in in the

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meeting okay i was surprised that it was as as close as it was it wasn't like this morning shut

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out but um it wasn't a shutout any other questions go ahead uh i'm just curious uh i'm having a hard

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time wrapping around the side edition not not having any pictures not knowing what it looks

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like is there a door this side addition is not part of the refusal though okay it's the backyard

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okay yeah but yeah i i mean i understand i understand what what the issue is in the back

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What the issue is in the back. But I mean, I think when you start hearing these cases, you start saying, well, is it put, you know, it's attached to the house. I mean, it's not, it's not a shed. It's attached to the house. And, you know, is it is attached the appropriate way? I mean, it raises a lot of issues relative to the structure. And I know, you know, that I know, I know. And they're going to still need to get their building permits. So they're going to have to, whether if they have to open up walls or whatever, they know that they're going to need to do that.

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but i mean i think when you start hearing these cases you start saying

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Right. Okay. Questions for our attorney?

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I just want to note, Mr. Colavita, to the extent that there were documents that didn't get uploaded, if you want them included in the record, just make sure they're uploaded by close of business tomorrow.

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I think with this case too, there were a couple of documents from League Street that were accidentally uploaded instead of a set of Alexis Lane.

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So, yeah, just make sure everything you want included in the record is uploaded by tomorrow.

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Thank you.

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No problem.

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Thank you.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Madison Matera, Planning Commission staff, M-A-D-I-S-O-N, M-A-T-E-R-A.

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

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Yes.

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the comprehensive plan recommends no change from the existing rsd three residential single

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family detached zoning at this location the appellant appears to have built the additions

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without the benefit of permits there are no unique physical conditions or circumstances of this

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property that would prevent it from being used in conformance with the zoning code the planning

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commission recommends the board deny the requested variance for rear yard setback all right um so so

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council we're going to hold this and we'll vote next wednesday at two o'clock i mean i i think

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there's a board we just want to figure out what if we want to do this is not the only case we had

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today and i and i think we just got to figure out what do we do with these cases i'm serious

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and i know your position but i mean i it's kind of hard when people start attaching things to

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buildings it's not like a you know and so understand that yeah so we're here through

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mr knockamson's uh bodine street property so i mean this is obviously you come across this

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significantly more uh often than uh i i i yeah and i think we get concerned so we're going to sit

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and talk next wednesday and at the i guess we get together what do we get at 8 45 in the morning and

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they're going to vote at two o'clock okay all right thank you thank you very much it is closed other

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than the records that we discussed previously to submit by close of business tomorrow okay

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very well thank you all right thank you miss emerson i will contact you to figure out which

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ones are missing number two mi 2025 004 399 485 pinewood road sylventon kripova and leonard

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goslav um are we in are they as long as koslova is being added as a panelist chair

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okay is he on the phone or is it the people here

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uh this is a remote attendee being added as a panelist now chairs okay all right good

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you have comments about it all right well let's get the person

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here, and then we'll call you up, okay?

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Thank you, Ann.

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Good afternoon, everyone.

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Hi.

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Hi.

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Could you please state your name?

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It's spelled for the stenographer.

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Yes.

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My name is Svetlana Kozlova, and it's spelled S like in Sam, V-E-T-L-A-N-A,

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Kozlova, K-O-Z-L-O-V-A, and I am the property owner at 485 Pinewood Road, Philadelphia, PA-19116.

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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 swear.

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All right.

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So this application is for use as a child care center in an existing structure, whereas

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the proposed use child care center is prohibited in the rs rsd3 zoning district child care centers

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in rsd rsa rta and rm districts shall be permitted only if accessory to a principal or accessory

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building as an educational facility hospital library culture exhibit religious assembly or

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recreation building provided that within area 1 and area 2 is defined in section 14-6035a.2

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the building must be publicly owned or operated there is a letter of opposition

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from the somerton civic association and they voted 33 to 3 against the project you have also

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from the somerton civic association and they voted 33 to 3

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turned in seven signatures from neighbors including a neighbor nearby so you can really

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start your presentation but our vice chair has just a few questions for you good evening have

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you submitted your documents five days in advance of this hearing i have okay and the chair just

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read all of your refusals do you stipulate to their accuracy i do it's okay okay you can proceed with

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your case okay thank you very much um i'm sorry ma'am can you please turn on your video uh yes

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uh absolutely thank you are you able to see me now yes okay um i humbly ask uh the board members

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uh to be patient with me and beer i know it's late in your day it's not late we're fine

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it's my first time presenting um to zba uh and i'm doing this uh without an attorney

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um so here's here's here's what i would say we have all your paperwork what we would want from

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you is pictures copies of plans of relative to what you want to do and then just tell us what

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you're trying to do so your application repeal we already have that all right so all those documents

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that are city related documents we have okay i would recommend you go to photos so we see it

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if you have any plans show us your plans and then really just tell us what you want to do okay um

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so uh the philadelphia tax clearance is on file uh the proof of mailing is on file and the pictures

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of approving the posting on time

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for consecutive 21 days is also there.

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But if you do need it, I can present it.

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As far as...

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Why don't you show photos of the property?

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Okay.

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So the property, let me go through the views.

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This is the aerial view of the property.

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and you could see the backyard uh area from here um okay the uh let me scroll down for other

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pictures um okay this is uh more of a map view showing the actual uh neighborhood yep um the

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property is once again located here um this will allow you to see that uh these are all two-way

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streets, so there are different entrants and exits to the property.

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All right, we see that. How about photos that you've taken of the property and how you're laying

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them? Do you already have something there? Yes, so

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So it's a private home right now, it's a residential, one moment.

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So this is the property.

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That's your home.

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And that's where you operate your, did you already operate?

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No, no.

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Okay.

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No, I would like to, I would like to, but it's right now it is owned as residential.

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Right.

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So you want to eventually have a child care center there?

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Right. So I'm asking the zoning board to approve a variance,

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to use this property as a commercial child daycare center, a small child daycare center.

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But since it is more than 14 children, then it would be qualifying not as a group, but instead

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as a center. And this is different views of the properties.

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this is the back view and these are the inside of the properties right now it was used as a rental

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unit this is my parents house unfortunately my parents passed away my mom passed away of

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COVID in 21 and my dad passed away eight months shortly after in 22 since then I use the property

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as a residential and it was rented and since then it has not been used while I've been

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waiting for the variance application to go through. These are just several pictures of

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the inside of the property. It's a basic residential home split level.

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it's a basic um residential home split level um and uh the proposed used is um

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um i did ask uh an architect uh and an engineer to uh show uh what i would like to

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due to the property it's not going to require any um changes on the outside so it's not going

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to change any facade for the neighbors or neighborhoods um i'm proposing uh to use uh

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the family room uh in the lower level and um living room and dining room as two classrooms

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so there would be one classroom here that would be for the maximum of ten

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children with a staff member and another classroom on a lower level for another

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ten children and a staff member at the entrance of the property there would be

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a small office space these are all existing these are existing rooms right

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now they're just not used as a commercial property but they already exist there is a bathroom there

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is a kitchen you could see how exit signs would be posted in case of the evacuation

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smoke detectors placed and the upper level of the building

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would be a lot smaller in capacity um it would be uh one uh current bedroom that would be used for

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five children and a staff member and another classroom another uh classroom that could be

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maximum seven seven children but um it would probably be six children and one staff member

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so this is also has restroom um um for the uh children's youth and so so i i think we understand

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your plans and what you're trying to do i guess our question would be what what was the main

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complaint from the uh the rco so yes uh um i did not get a support of rco unfortunately um honestly

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i'm not uh exactly sure uh why uh there was such an opposition uh because to me having adding a

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