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Hearing video

ZBA Hearing - August 26, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 26, 20203h 8m

square feet um the um the egress is through a common area there's no direct access to the

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outside with a door. The parking does not appear to be legalized, but there is parking, and the

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picture is provided by the applicant next to the building, which is where the door exit is to the

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basement. So for these reasons, we are opposed to the triplex proposed at the site. I do want to

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note, too, I'm not clear. So the city seems to recognize that this has been two units, but it

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says multifamily um is not permitted here and it's zoned single family so i don't know if this

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is a case where um it would need to be um granted for for a maximum of two units in order to clarify

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the zoning um but we're opposed to any more than two units which is what the city appears to

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recognize based on rental licenses and opa descriptions at this site thank you anyone

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else wish to testify in this case if so please raise your hand

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no hands chair thank you planning commission

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good morning um this property is indicated for residential single-family

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use on the comprehensive plan we believe a three-family dwelling will

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adversely impact affect the block which is consistently

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single-family in nature and the implementation of our adopted

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comprehensive plan. However, we would not oppose the granting of a variance for

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two units. Thank you. Calendar number 385.

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Thank you. Calendar number 38586, 634 Kerper Street, number two, whatever that means. My vote is yes with a proviso, maximum two units.

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My vote is yes with proviso.

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My vote is yes with no proviso.

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Yes with proviso.

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Yes with proviso.

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thank you thank you

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calendar number you want me to go okay calendar number three nine four seven three

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6736 north broad street the attorney is verne anastasio

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Mr. Anastasio you have been promoted to a panelist. You may unmute yourself to speak

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and share your screen as you need to. Thank you very much. Mr. Anastasio can you put your name

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and address on the record please? Yes of course Madam Vice Chair Vern Anastasio 1315 Walnut Street

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Suite 1006, Philadelphia, Pennsylvania, 19107.

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Do you swear and affirm to tell the truth and nothing but the truth?

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Yes, I do.

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

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Yes, I do.

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Okay, you may proceed.

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Thank you, Madam Vice Chair.

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I'm going to open up my document and then hit the share.

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Share the screen.

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i think everyone can see that yes yes great

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we have the zba packet for uh 6736 north broad street uh calendar number 39473

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this was initially hold on for one second

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Okay. This was initially an application for a three-family dwelling.

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However, after meeting with the RCO, which wanted less density, we now seek a two-family dwelling.

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and let's go to

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and here's the proposed layout the basement would remain unfinished

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the first floor would be an ample two-bedroom apartment totaling 300 sorry 980 square feet

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and that's not including the basement that's livable space 980 square feet

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and the second and third floors would be large one three bedroom apartment

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totaling 1120 square feet

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the home was designed for multi-family judging by the utility connections for a second kitchen

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on the second floor, which I will show you in the photos. The connections were removed by the prior

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owner. The prior owner has reported to us that the house was rented to two tenants. And with that,

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I'm going to show you photos.

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This is Broad Street and half the block is zoned for mixed use CMX 2.5.

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The remaining 10 parcels are zoned for single family homes, but of those 10, four have no

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zoning records, and four, show legal mixed use and or three family dwellings. It seems that since

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the 1940s, with only one or two exceptions, all of these homes were used as either mixed use

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or multi-family. Given the close proximity to the subway and the property's history,

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we are asking for no more than a two-family dwelling based on the size.

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Considering the census tract and the community, we can get two very large apartments at reasonable price points.

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Again, one in excess of 900 square feet and one in excess of 1,100 square feet.

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There are the photos.

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There are the photos.

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Here's the former utility connection for the second floor kitchen.

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And continuing on at the photos, let me know if I'm going too fast.

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and that's the basement which we will clean up but it's going to remain unfinished and

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there'll be absolutely no living in the basement we met with the RCO they did not want the three

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family dwelling and that's why we are presenting two very nice size livable approachable

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apartments. There's the deed

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and I'll show you the tax cert. They're full in compliance

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through the end of September. And with that, I respectfully request that the board grant this

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appeal with the proviso of no more than two units. Thank you.

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Thank you.

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I think I may have my client here, Isaac, who is the principal of TD Holdings, LLC.

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If he is, if he could be acknowledged, I would appreciate it.

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He would have to raise his hand.

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Yes.

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Isaac, if you're there, could you please raise your hand?

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doesn't seem like he's in attendance and with that I ends my case in chief again respectfully

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requesting a variance for just a two-family not the three-family

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thank you uh questions from the board no no no uh and anyone else uh anyone interested in this

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case please raise your hand at this time here i have hillary emerson from the council person's

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office hillary you can unmute yourself and speak to this case hillary you've already been sworn in

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just uh give us your name for the record thank you all right good morning again um mr chair members

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of the board hillary emerson on behalf of councilwoman sherelle parker can you hear me okay

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yes okay thank you i feel like i have to do a sound check before speaking on zoom um i'm here

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this morning on 5736 North Broad Street. I did attend the community meeting where there was

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discussion of a multifamily dwelling. At that meeting, a triplex was presented. After the

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meeting, after the applicants left, the community made very clear in their vote that they were,

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they did not want to see multifamily at this property. I specifically asked them that question

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because I knew that it was a potential that there could be a suggestion of a duplex and they were

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very clear that they only wanted single family at this property so I just wanted to let the board

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know that because they were not aware that a duplex was is being proposed at today's hearing

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I just want to note in our review of the case we did not note any history that this property was

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multifamily the other half of this twin appears to be a single family dwelling as there is an

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active rental license for one unit. There are other multifamily dwellings on this block, but

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there are also other single-family dwellings. We don't feel that there's a hardship in this case

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necessitating that this be a multifamily dwelling. I was a little bit concerned looking at

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the photos and the layout because there doesn't appear to be separate entrances for two separate

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units it appears to be um one house um from what from what i can tell um there may there may have

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been plumbing for another kitchen in the past um but right now it appears to only be set up as a

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single family um dwelling so like i said it looks based on the fact that it looks like there's only

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one entrance um and there isn't a separate it doesn't seem to be separated into units um it

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appears to be a single family dwelling. So we would be opposed to this being any more than a

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single family dwelling at this time. Thank you. If I could address just a couple of those concerns,

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please. There will be one entrance to the property. However, there's going to be a door

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at the top to go to the second and third floors.

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I know those plans are not the very best, but there would be separate entrances once

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I know those plans are not the very best,

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but there would be separate.

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you enter the house.

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Secondly, single-family homes are a rarity on this block.

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Again, most of it is either mixed-use or multifamily, and the current owner has reported

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to us that this was rented out as two.

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Secondly, having the density on Broad Street actually fits hand in hand with what the Planning Commission and with what Council is trying to do with regards to transportation development.

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Broad Street, of course, has the Broad Street line, and that's where we apparently want development, and that's where we want the density.

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If this were on a smaller street in the neighborhood, surrounded by RSA 5s and RSA 3s, I would understand that position.

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But the single-family homes, the few that are on the block, it's a rarity.

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And given the property's condition, certainly given these economic times, and given the fact that a large majority of this block on Broad Street is not single-family homes,

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I do think with two units coming in at just under and just above 1,000 square feet, that's an approachable unit. These are approachable units for folks in the community. And with that reason, I think the hardship is that, in fact, to redevelop this property to be what would be a minority use on the block is just not practicable at this time.

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thank you anyone else wish to testify in this matter if so please raise your hand

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no hands at this time thank you hillary i want to come back to you for a minute

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make sure i'm clear on this at the rco meeting ever a discussion uh did they ever discuss the

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the two-family as opposed to three? Yes. No, after, in the discussion following the applicant's

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presentation, I specifically asked the community if they would support any multifamily at this

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property, knowing that, you know, sometimes there can be a compromise at a duplex, and they said no

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single-family. I thought I heard that. I wanted to make sure, but be clear on that. I just, for the

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record and obviously no disrespect to to counsel um she just testified to hearsay

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that's and i have to put that on the record in case there's an appeal

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it's not hearsay it was spoken directly to me

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okay um anyone else wish to testify in this matter please raise your hand

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no hands chair thank you planning commission

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This property is indicated for a single-family residential use on the comprehensive plan.

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While a three-unit property would be out of character for this block,

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we would not oppose the granting of a variance for two units.

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elementor number 394736736 north broad street my vote is no

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my vote is no my vote is no

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thank you jim and tom my vote is no

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my vote is now

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thank you

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calendar number mi-2020-000343

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and calendar number 39201 6928 busselton avenue the attorney is zen jin

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mr jinn you have been promoted to a panelist you can share your screen

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and unmute yourself to speak.

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Hi, Mr. Jin.

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Can you put your name and address on the record?

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Yes.

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Xin Jin, Z-H-E-N, J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA, 19103.

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My name is spelled Z-H-E-N, last name J-I-N.

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Do you swear to tell the truth, nothing but the truth?

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I do.

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Okay.

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And do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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I would only say that it's a referral, not a refusal, but I will stipulate to its accuracy.

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Okay, great, you may proceed. Thank you.

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Okay, great.

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You may proceed.

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Thank you.

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Good morning. I am here on behalf of the tenant of the proposed property use, which is for a child care center.

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I'm going to share with the zoning board the information on this property.

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As you can see from the referral notice, this is a

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CMX district, but the proposed use of a childcare center is a special exception approval in this

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district. The proposal initially was a childcare center with after school program. Having met with

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the community and having obtained feedback with concerns as to the total size of the space,

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as well as how the number of kids will be managed my client actually decided to simply focus on the

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child care aspect and at this point remove the after school program I'm going to go ahead and

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jump to the photos and plans here because it'll be better to look at the plans and then the photos

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to fully understand the proposal here. So this is an existing commercial space that

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is basically rectangular in nature consisting of first floor and basement. The first floor

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right now is being proposed to be relayed out to a reception area, preschool area, and

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toddler area with restrooms. The basement will be an activity room where it used to be planned for

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use for the after school program. It will now be incorporated with the daycare aspect and break room

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storage, additional restroom. The basement itself does have a walkout that is being planned. So

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So it'll be a walkout basement with a hallway directly into the rear yard area.

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One of the concerns that was raised by the community initially was the availability of outdoor play space.

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And unfortunately, this particular space only consists of a small rear yard.

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So my clients have reached out initially to a school across the street, but they're unavailable to provide such space.

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So the conclusion at this point is to work with state requirements, but seek a local park as potentially the outdoor play space.

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This is not an uncommon strategy for daycares that does not have their own outdoor play space.

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Another concern was raised as to the driveway in the back, the ability for cars to pass while parents are dropping off their children.

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As you can see from the photo, the driveway is relatively wide and certainly capable of

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allowing one vehicle to stop and drop off children while another vehicle passes through.

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The space, and I'm showing the pictures of the existing space, does require quite a bit

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of work.

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As you can see, it is currently in a dilapidated shape in the basement.

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The first floor is essentially a former commercial use of an office that is currently not really

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used.

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This is just leftovers from when it was there.

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So this will be renovated completely to the daycare use itself.

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So while these pictures certainly show the place needs work, we told the community that

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that additional work will be performed to make sure the space is safe and a clear and

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clean space for any children that would come to the space.

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My clients themselves did also go through the community as well and obtained petitions

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and support as part of talking to neighbors.

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This was requested by one of the community groups. So my client went out and went around the neighborhood to get support from residents as well as other businesses.

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In addition, they did provide as well to the community a business plan. While it's not extremely detailed business plan, it does lay out why they feel they can serve this neighborhood with a small size daycare.

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They do bring a multilingual team, which speaks both Asian languages as well as English.

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And part of their business plan, of course, is to target those particular parents who require this kind of services.

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From a special exception standpoint, I believe my client, their proposal does not...

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I believe my client, their proposal does not and will not cause any health safety issues

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that would be beyond what is normally expected of such a daycare operation.

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