civus
Hearing video

ZBA Hearing - October 2, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 2, 20245h 55m

just be for after school children

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so are you art is the intent to turn the first floor into apartment until that happens well the

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first floor already was i mean i mean to utilize the first floor as an apartment until that happens

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or you're going to keep the first floor vacant no i want to try i want to let the first floor be at

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apartment until we expand if we if we expand okay can i jump in for a minute miss carrie this is

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hillary board council so the way your refusal is written you are changing this from a duplex

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to a child care center plus one dwelling unit that's right okay that's the way the refusal

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written so if you still want to use the first floor as an apartment right now um you that's

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not what you're you're asking to do you're only asking for one dwelling unit okay now i want to

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keep it one dwelling unit okay but then so what i'm saying is if you if you don't expand to the

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first floor with the child care center you would have to come back to the zoning board and get a

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variance to have two apartments again you're erasing permission to have two apartments with

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with this application all right so i just want to make sure you're you're clear with that because

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it sounds like you the expansions in the future you might want to still use the first floor as

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an apartment and under this application you can't you only have you it's only for one apartment and

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a child care center okay okay if that is not what you intend to do we should have the refusal change

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so it reflects accurately what you want to do right now um so but the thing is if you only

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approve the child care center for the basement if you expand to the first floor later that's

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probably going to require another variance so you have to you basically have to decide what you want

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to do if you want to keep the duplex now and put child just child care in the basement and then

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come back and expand it later or that's what i would like to do okay so you would like to keep

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the duplex for now and just have the child care in the basement yes okay so if we're going to do

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that then we need a corrected refusal that says that so um that's something that i can assist with

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um when we would just hold the vote in this case get the refusal corrected then the board will come

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back and vote on it once we have what you want on the refusal all right okay yes but as a suggestion

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Yes. But as a suggestion, I would like I think we need to see basement plans for the daycare.

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I would like I think we need to see.

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Yes. When you come back. OK, tell me what you mean.

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You want to say like right now, the basement plan is shaded. It's it's it's an existing plan.

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And I think we want to see how you intend the first that basement to be used.

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I think there's a lot of questions about operating a daycare, even if it's an in-home daycare.

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existing row house that aren't currently being answered by the photos or by the plans that you

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just showed okay so you want me to have with the daycare pictures i showed you sure put more

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pictures up here can you go back to your the other plan the basement plan okay

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okay this is the basement plan and this shows the outline you know the the plan for the basement

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now i i finished the work move over this put it over here bring this up

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all right now i i changed it you know i did all the work down there that needs to be done

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keep moving it this is this is the uh sink area can they see it can you see that

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yep yes okay that's that's a sink area for for the kids to wash their hands keep going

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now this is and i put two bathrooms in i put a toilet for adults move on the front back further

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and i put another toilet in for uh that's the entrance keep going

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okay now this is the this is the room this is the main room of the basement

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right here where you see the gray part where the light switch is on the outside

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that's a that's a bathroom uh you know a powder room for the children it has a toilet for the

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children in there so the adult bathroom is one place the children's is another give me another

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picture down. That's the front of the building. This is the daycare entrance. That's the entrance

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to the first floor. That, of course, is the second floor. We'll keep on showing more daycare pictures.

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You saw that one.

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So essentially, the basement is one large open space.

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Yeah, one large open space with two bathrooms.

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One bathroom in the front is for the adults.

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The bathroom in the back is for the children.

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Is there a yard for the daycare?

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No, it's a little tiny yard.

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But I own the building two doors down, and I have a 40-foot yard there.

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And I intended to have that as usage, too.

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but it's just two doors there's a big yard i have a building there and i have a big yard there

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that's 40 by 30 you still didn't show me i don't know that we can i mean we got to concentrate on

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this building here we can't talk about yeah building down the street too and what age how

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many children at what age children are they capable of self-preservation do we have steps

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to get down into this basement or two steps this this is a board member cheryl gaston

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it's two steps get the whole front

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get the whole front

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okay here it is this is the door to the to the daycare itself there are two steps here one two

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okay what age children are we talking about for the daycare how many kids preschool maybe 10

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preschool means what three four five okay um and then you okay and how many children are you

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talking about i figured 10. okay and is there a drop-off area here or how how is this going to work

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you mean other than the street i mean the parents how are you going to look how are you going to get

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the kids into the building so how are how are the children going to get there are their parents going

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to drive them and do you have you planned for a drop-off area pickup area how is this going to

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how is this going to work well by uh there's a driveway of the building on the left

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On the other side of that, there's a driveway. On the right, there's a driveway. But I don't have a specific drop-off place.

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on that other side that there's a driveway on the right there's a drive

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I'm actually familiar with this location. And 53rd Street has two lanes going the same way.

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So theoretically, somebody could pull to the side and drop kids off while traffic can still go by.

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so it's it they won't necessarily block the street you know what i mean okay

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like also just a note for a home daycare license in pennsylvania there's a max of six kids that

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can be in the in the space um i guess my question is like how do you foresee your staff working

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down here because it's a big open room with the two bathrooms i feel like is there a kitchen

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facility like how are they operating the business out of the basement okay i thought that would be

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it would be partitioned off with with maybe bookcases or gate for the for the uh partition

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off in the back there's a sink and uh a microwave no no other sink and a refrigerator for

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food if the youngsters

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had bought lunch.

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And is this

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domestic equipment or

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is it commercial equipment?

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Well, the only equipment

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in there now is a sink and a

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microwave.

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I mean, you said you had a refrigerator

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too. Well,

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the refrigerator

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is going to be whatever

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is required. You know what I mean?

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I didn't I didn't buy a refrigerator. And even with the microwave, I wasn't sure of what was required.

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So whatever is required is what I will put in there.

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OK.

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All right.

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Well, we're not going to vote on this today, right?

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No, we're going to come back with plans that we understand just a little bit better.

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right and then we're gonna you're gonna change it too am i correct hillary well so can i get

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clarification what is it what is it on the plans that the board members wish to see because she

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did have plans and she did have photos so i i'm just a little bit unclear what what's being

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requested i think it just wasn't really clear how it was going to be how the business was going to

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be operated i feel like because this is a use permit there's a lot of questions i have about

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how like where certain things for the daycare are going to happen that I think make it hard

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to make a zoning decision as it relates to this mid-block residential unit without really

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knowing like how it's going to be used in the basement yeah I think I think it might be helpful

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if even if it's notes like I think it might be helpful if the applicant looked at the state

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requirements for daycare and had whoever their architect is or who's ever doing this layout

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to describe number of children because there's a certain square footage per child for the

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architect yeah the architect made it out told me between uh he said up to 12 children no what i'm

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saying is that information on the documents i guess it's yes it's on the document okay i guess

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Well, it's hard to see. It's on this document here. So what's what's indoor play area? What's, you know, what's what's the staff ratio you're going to have? I think those are the things that people want to want to hear.

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See this one that he has. Okay. So, okay. So you have it listed. It's just hard to see. Okay.

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Okay. Child area number one. Okay. I only got a 42 inch partition. Okay. So it's, I guess, I guess, um, it's, it's just hard to read maybe clearer or something, you know, bring this down, make it better.

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Remember Johns, I can, I can, uh, recirculate the plans, um, while we are getting a corrected refusal, if that would be helpful.

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yeah that might that might yes please and i think that might mitigate the need for

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a resumption hearing we can just hold for a corrected refusal

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okay okay um chair i have one question um on the facade of the property after you go down

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the first two steps is there a water drain there yes okay i just didn't see anything all right

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cool that's what i have and uh the means of ingress and egress you do have two means of

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ingress and egress yeah i have like escape plan for these children yeah i have uh

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like escape plan for these children yeah i have uh i need right in the back i have a wide door

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of 36 inches i had the the uh there's an alleyway going to that driveway i was telling you about

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there was a tree there i had that all the tree roots removed i put us uh i had a level sidewalk

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put into the tuna three thousand dollars but i had this uh widen to be five feet i made sure it was

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level. No, all the routes are gone. Everything is straight and clean here going to the driveway

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in the back. I mean, on the side. And there's panic bars on this rear door.

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You say, I'm sorry. Part of, part of what you need to do in terms of, you know,

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child care, where it's daycare, where the kids are capable of some form of self-preservation,

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You still have to have sufficient means of ingress, egress.

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You have to have like panic bars on this door so that people can get out.

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You need emergency lighting.

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You need the fire suppression system, alarm system.

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I have that.

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So you have all of that?

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Yes.

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Okay.

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and for purposes of the you know when you come back

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when you prepare your presentation you might want to tell us these things instead of us

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having to try and pull it out of you know you may have everything that we are interested in knowing

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but the the plan isn't easy easy for us to read and determine that and um you know we we we like

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to have some details when we're talking about you know young children yes so so hillary so so i'm

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clear when we come back we're going to be asking for a duplex and a daycare yes yes so so mr chair

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i don't know that we necessarily need to come back because i think from what i'm hearing from

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the board members the they just want to look more closely at the plans but it appears to have the

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information that they were requesting already so i will circulate the plans while we work on

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addressing the refusal um also i think the refusals for well i'll i'll work through the

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refusal with l and i because there's a couple things that may need to be fixed based on the

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information um that was received in this hearing and we're still going to go to the public now

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we'll go to planning yes we will yes we will questions today questions or comments from the

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virtual audience i've seen no hands to planning commission thank you chair bergman and good

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afternoon david effecta with the city planning commission chairman and board members the

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comprehensive plan recommends no change to the rsa5 residential single family zoning at this

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location. This property has a documented history as two dwelling units. The appellant has not shown

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that the addition of a child care center is needed to afford the appellant economic use of the

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property. The appellant also has not shown that a variance for a child care center defined in the

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code as serving 13 or more children in a building that is not the primary residence of the provider

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is the minimum variance needed to afford the appellant relief. So the City Planning Commission

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recommends the board deny the proposed use variances for child care center and multiple

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principal uses. So this will be a resumptive hearing? No, Mr. Chair, I don't think we need

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a resumptive hearing. Yes, we'll just vote it when we get the corrected refusal. Yep,

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and I will recirculate the exhibits to the board members. Thank you very much. We'll be in touch,

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ma'am and thank you very much sure okay let's get back to so now we're going to go to number one

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mi 2023 003 492 2219 to 23 north 2nd street meredith ferlinger is the attorney

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meredith ferliger is coming back as a panelist now chair okay thank you

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afternoon mr chairman could you please state your name and spell for the court stenographer

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sure meredith ferliger f-e-r-l-e-g-e-r of doorth paxton

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Do we're a firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Could you identify your client and relationship to the property?

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Sure.

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My client is JEM, 2219 North 2nd, LLC, the owner of the property, and that entity is

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the owner of the property, and that entity is represented today by Jeffrey Marmer.

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represented today by Jeffrey Marmer.

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Stan, we have a letter of opposition from Norris Square and a letter of opposition from Councilman

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Lozada. You said opposition or non-opposition from the Councilwoman?

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It says letter of opposition. Got it. Thank you. Our Vice Chair has a few questions.

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Good afternoon, Council. Do you agree to read another refusal or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits as needed and required to proceed with this case five days in advance of this hearing?

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I did.

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Thank you, counsel. Please proceed and share your screen.

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All right, Mr. Chairman, members of the board, you should see the exhibit list up on the screen right now.

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Fabulous.

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The proposal before you today concerns a new seven-unit multifamily dwelling in the NARR

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Square section of North Philadelphia. The board has my exhibits, which contain 17 sets of documents.

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These exhibits do not currently contain tax clearance. There was a really strange issue

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with the city system in that this property doesn't even come up on the city system.

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i had spoken with board council about this i'm not sure if she has any additional insight on her end

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or if the board is going to end up having to hold this so that we can try and figure out what's going

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on uh with the city system yeah miss earlier just to interject i i am not i am not sure what's going

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on i personally tried this i and it's strange but you have provided a tax clearance previously

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um that was you know from this year showing that there was no balance um so we can accept that

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um because it you know was from this year and showing no balance so we're we're we're good to

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go on this case fabulous thank you hillary the zoning map at exhibit seven bring that up for you

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and zoom in shows that the property of 2219 north second street is roughly mid-block between west

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Susquehanna Avenue to the south and West Dauphin Street to the north. And you can see I have the

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