Very well. I just what I'm going to show you in my exhibit packet, which is about 91 pages, I'm only going to show you those items that the board has not seen as of yet.
Thank you.
Yeah. Here's something that wasn't reviewed at the previous hearing. This is the property in question. As you can see, it's sort of on an island. Yes, it is zoned CMX2 as the refusal states.
But we contend that it's it's really should not be zoned that because this is all automobile related and vehicle related services and uses up and down the corridor.
As you can see across the street, there's a Sunoco gas station. Right down here is a huge mall with a shop right. Beyond that is the Union League, the country club with swimming pools, tennis courts, and an 18-hole golf course, all for several hundred folks and, of course, several hundred parking spots.
So all of this here, with the exception of this residential area here, is very vehicle oriented.
And as such, we do believe the personal vehicle service and repair use is consistent with these uses here.
I'm going to go to page 61 of the exhibit.
Page 61 of the exhibit is a letter from the owner that wasn't addressed at the previous hearing was the fact that my clients have been in business for many years and not at this particular location.
There's a letter.
And they have engaged throughout the years Emanuel Tire of Pennsylvania, which is a tire recycling company that comes and visits their site and will visit this site several times a week to remove the tires that are no longer in use and recycle them.
We have proof and evidence in the packet today that I'll move into evidence that shows that the existing service contract is already in place with Emanuel Tire Company, in addition to the Lorco Petroleum Services Company.
Any oil that is extracted from the personal vehicles would be removed on an every-other-day basis by Lorco Petroleum Services.
Both Emanuel Tire details of that company and details of the Lorco Petroleum Services are included in the packet as well.
I believe we even pulled from their website so you could see the long history and the certifications that both companies have in ensuring a clean environment for a facility like this.
I'm going to take you in the event that this wasn't presented before.
There's overwhelming support by the community for this use.
In fact, and you'll see in a moment, but I want to go back to this photo of the several dozen signatures of support and of the folks who attended the RCO meeting.
Several live right here, right across the street, in residential homes, across the street from this site, which is, they are clearly the most impacted.
In addition to overwhelming support from the community, RCO, I personally spoke with the Office of Council Member Mike Driscoll.
As such, he not only he did not give a letter of non-opposition, he gave a letter of full support for this use because CMX2, you know, it'll bring uses that cannot and will not serve the immediate neighbors.
You're looking at a Burger King. You're looking at a McDonald's. That's not what the council member, nor do the majority of the members of the community want.
offering a place where personal vehicle repair and service,
no painting, no materials going into the earth,
all responsibly being removed is exactly and precisely
what the community and the council member would want here.
So as you can see, this is a letter for support,
not just non-opposition.
So that's in addition, we have these letters of from the immediate neighbors.
As you can see, there's several dozen.
And then there's proof of engagement of the companies that I've already discussed with the tire recycling.
and the oil removal, environmental mitigation efforts.
These are all proof that they've been in business with these companies for quite a long time.
Here's the Petroleum Services Company, and they will continue to do that at this particular site.
pages 80 to 91 are the detailed information on these companies and their services
and they're fully accredited
this is the new information that was not excuse me made available to the zoning board
at the last hearing because we've addressed the environmental remediation issues, the
longstanding relationship my clients have with these tire recycling companies and oil
removal, and the frequency with which they deal with them, and because we've been able
to demonstrate that several of the immediate neighbors signed that petition with several
dozen signatures of support, in addition to the overwhelming support of the RCO and the
In addition to the overwhelming support of the RCO and the explicit support of the district council person, who ultimately is the judge and jury when it comes to uses in a particular council district, we respectfully request the board reconsider its position and vote to grant this variance.
explicit support.
If not permanently, then at the very least, at a temporary basis, to allow my clients to prove to the board and to L&I that they'll be good stewards of this property and the community.
Thank you.
Byron, would you want to have your client adapt your new testimony?
I do. She's right with me.
I've never done this one before, so hold on.
Okay, go ahead.
Could you please state your name and spell for the stenographer?
Hi, good afternoon. My name is Natalie Ramos, N-A-T-A-L-Y, Ramos, R-A-M-O-S.
Or affirm to tell the truth, the whole truth, and nothing but the truth.
Yes, I do.
Please proceed.
Thank you, Mr. Chair.
Ms. Ramos, did you hear my presentation to the board this evening?
Is it true and accurate to the best of your knowledge?
And do you adopt it as your own testimony? Yes. Thank you. Mr. Chair, I have nothing further.
I know the board has not seen the first hearing. Do you have any questions about what Mr. Anastasio just mentioned, just presented?
Hillary, do you have any additional questions?
I do not, Mr. Chair.
Questions or comments from the virtual audience?
I see no hands, Chair.
Planning Commission.
Good afternoon, Amy Boyd with the Planning Commission, A-M-Y-B-O-Y-D.
Are you here to affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed.
The comprehensive plan recommends no change in zoning at this location from the existing commercial use, CMX2, at this location.
Proposed use is not likely to cause such mental impacts to surrounding properties due to the large lot size and lack of abutting residences.
Planning Commission recommends that the board grant the requested variance for vehicle repair and vehicle equipment sales.
We're going to make available the original video to the board members that would need to see it, right, Hillary?
Yes, Mr. Chair.
And then we can vote and they will certify that they have watched the video of the original.
Because most of them were not by next by next Wednesday. Oh, yes, we can. Yes. Next ones. Absolutely.
That's great. Thank you very much. Thank you, sir. Thank you.
Number seven, MI 2024, 004, 340, 2708 Commerce Way. Alan Nocklinson is the attorney.
there's a recommendation of unanimous support from the parkwood civic association
42 and support zero against and there's a letter non-opposition from council member o'neill
he's coming back in as a panelist now chair
good afternoon mr chair alan knockamson knockamson could you um you've already been sworn could you
identify your client the relationship to the property oh yes it's a kinder college uh the
operator of the business on the first floor hopefully extended to the second floor of this
property our vice chair has a few questions sir good afternoon council do you agree to wait to
read another refusal or stipulate towards accuracy i do have you emailed in all the required documents
and exhibits that's needed to proceed with this case five days in advance of this hearing
oh yes we have thanks council please proceed and share your screen thank you
hi um i think this is a straightforward uh project first of all beautiful building
i would have to say um you wouldn't think that this is an i1 uh property but it is
And you'll see in the refusal that this is just an extension of a nonconforming use.
In 2011 or 2010, I believe, this board granted a use to allow the first floor to be used as a child care center.
And this is a two-story structure.
My clients are looking to expand that use because the expansion of this nonconforming use is more than 10% of what was previously approved.
of what was previously approved, we have to come back.
we have to come back. So originally it was 16,000
So originally it was 16,000 square feet on the first floor.
Now we're seeking a total of 28,000 square feet
for the entire building.
So during my presentation, we'll review the notice of refusal.
We have a letter of support
from Parkwood Area Civic Association.
We had 42 members of the community
unanimously support this project
and five of their board members of the coordinating RCO.
That typically does not happen. So I think it's definitely something that speaks volumes about, you know, the viability of this business and the reputation of this business as a child care center in the Northeast Philadelphia.
In addition to the letter of support we got from the coordinating RCO because of the overwhelming support from the community, Council Member O'Neill also sent a letter in non-opposition to the granting of this variance request.
My next exhibit's zoning permit showing that, you know, we are legal for the first floor and all we're looking to do is an extension of that use to the second floor.
Gave some literature about Kinder College, you know, in Exhibits 4 and 5.
Five is reviews.
My client, you know, that's online.
My client is a four-star Keystone certified facility.
That's the highest ranking you can get from the state.
So well-regarded, well-known, and, you know, again, obviously heavily regulated by the state.
So in addition to this process to get the potential use approved for the second floor of this building, every year my client has to have pass inspections and be recertified.
So, you know, as the board knows.
Then in terms of the certification process and what my client has in terms of credentials, that's my Exhibit 6, and you'll see a ton of certificates and such.
I also have Rita Zolion, who is the head of Kinder College, who can answer any questions you may have about the operations and the intended operations of the business.
Then we'll have an aerial view of the property.
We have, in addition to this rather large building that's on a 91,000-square-foot lot and on a building that's 28,000 square feet, there is parking of 67 parking spaces here, and you can see that from the aerial view.
We're not causing any impact to the community at all, and actually we're an asset, in my opinion.
Then maps of the area, photographs of the property.
I got photographs of the premises, like, you know, again, from the literature, you can see it's well maintained.
Our plans and drawings of the first floor as well as the upper floor.
Our RCO meeting notice, as you saw, is a very well attended meeting, unanimous support.
But we also have proof of mailing of that notice to the affected properties.
These are applications for appeal that we filed on behalf of the leasee.
I do have the deed to the property as well as the lease to the property.
I believe that the property owner, Felix Damarski, is also in the virtual audience, just to be here as an interested party, and our certificate of tax clearance showing that no taxes are due on the calendar property.
At the conclusion of my presentation, I would ask that Rita virtually raise her hand, be sworn in, and then I'll have a few questions for her.
So notice the refusal here.
Again, this is an I-1 property.
It looks nothing like an I-1 property.
It's a very pretty property in Northeast Philadelphia.
It's basically on its own island with 67 parking spots.
As you can see for the applications, for an increase in the nonconforming use child care center from 16,000 square feet to 28,000 square feet, because the increase is 75%, which is more than 10% of the nonconforming use, another variance must be granted under the circumstances.
Even though it's an I-1 property, it really does not have a history of industrial use, and it doesn't look like an industrial property at all.
Letter of support, as you can see, five board members from the RCO, as well as 42 community members, unanimously support the granting of this variance.
And because of that, Council Member O'Neill also sent a letter in non-opposition to this project.
This is the zoning permit showing evidence of illegal use on the first floor.
You can also see from here, it doesn't show the calendar number and date, but if you looked at the notice of refusal, this was previously approved on the first floor, and now we're looking at the extension of the child care center to the second floor.
A little bit about KinderCare. This is the literature here. Currently, there's 150 students on the first floor, 25 teachers and aides. You have, let's see, two cooking staff on the premises. You have a director, a manager, and Rita as the head of the operations there.
A little bit about kinder care.
This is the literature here.
Currently, there's 150.
There is cooking on the premises, which is legal through a commercial kitchen.
They make meals for the kids for breakfast, lunch, and in some cases, dinner for after school operations.
The business runs during the hours of 7 a.m. to 7 p.m.
Rita has been in this industry for over 20 years.
and they have extensive program of education as well as other things that you expect of a daycare
of this sort. The kids range in age from infants as young as eight weeks old to Rita told me that
they do have some aftercare capabilities for kids up to 12 years old as well.
And again, they are designated as a four-star Keystone certified facility because of their quality of services and due to inspections.
Just pictures of some of the meals that they serve and about their enrollment.
And these are reviews we just got off of Google, but very well regarded with their customers.
And then these are some of their certificates.
They have a food establishment and personal food safety certificate.
It's not comprehensive, but I want to give you as many as I can get from the client.
A safe certification.
This is some of their, again, if you look at their menu for the week, this is an example of one week of food.
They have a license.
This is their License Eligibility Report, their Environmental Assessment, their Food Facility Inspection Report, and then this is an aerial view of the property.
You can see here's the playground. It's rather large in the rear.
Ample parking of 67 parking spaces.
Most people come through this little entrance here.
There is another entrance with steps, but most people come here.
The drawings are hard to read.
They're more construction drawings than anything else.
But, you know, this is where the offices are.
The kids, the younger kids are in the left wing.
The older kids are on the right wing currently on the first floor.
And all my client's looking to do is basically do that on the upper floors where the younger kids on the second floor would be on the left wing.
The older kids would be on the right wing.
My understanding of the kitchen is out here and garbage is stored outside in the rear.
Maps of the area, again, it's more of like a corporate industrial center, but it's on its own island, so it's not disrupting anyone.
And because of the ample parking, it really has no disruption to the community and it's very helpful for the parents.
And then photographs of the property, again, a very handsome property.
these are the orange notice posters
that my client posted
in front of the property
this is commerce way to the right of the property
to the left of the property
premises photos
that my client has
which you'll probably find on their website
of their classrooms
of their outdoor area
again we're just trying to get
an extension of that use on the second floor.
And then our plans and drawings. This is the left wing on the ground floor. And as I indicated,
if you look here, this is kind of the hub of the office and reception area. These are the classrooms
for the younger kids. Again, everything's dictated and regulated by the state of how many teachers
and aides are required for each room. Each room has its own bathroom. This is the restrooms for
the staff, which they're ample. And then this is the left side. This side is more so for the older
kids. And this is on the first floor. And then again, this is what we're seeking an extension.
And really, it's the same thing. You got ample bathrooms. You have the kids' classrooms,
You have the kids' classrooms, the younger, younger kids' classrooms on the second floor are to the left.