Okay, ladies and gentlemen, we call to order the meeting of the zoning hearing board for the city of Allentown for March thirtieth, twenty twenty six.

Uh the board this evening consists of Samantha McLean to my right, Scott Unger to my left, my name's Robert Canauer.

We have three matters on our agenda for this evening, and in just a moment our secretary will call that list.

She will ask if uh there are any objectors present for each respective case, and we ask that they raise their hands so we can get a count.

She'll ask if there are also interested persons not necessarily objectors, and we ask that if so, they raise their hands so we can get a count.

Go ahead, Tabby.

Case number one, special use application and appeal of Vanessa Maricchio Varera at seventeen oh five Highland Street.

Is the appellant present?

The appellant is present.

Are there any objectors to case number one?

Keep your hands up high, please.

Mercedes at four ten South West Street.

Is the appellant present?

The appellant is present.

Are there any objectors to case number two?

No.

Are there any interested parties not necessarily objectors to case number two?

No.

Case number three, special use application of Andres Perez Reyes at three thirty nine West Lexington Street.

Is the appellant present?

The appellant is present.

Are there any objectors to case number three?

No.

Are there any interested parties not necessarily objectors to case number three?

Yeah.

Okay, good idea.

That was the third on the list.

I will be uh translating.

Your translator.

Okay, for any one.

Okay, and you're translating four?

For both, all right.

Okay.

Can you personally swear it on?

And then I'm gonna ask you to have their names and spell their names and then we could go on.

Do you swear to interpret to the rest of your village in like English to Spanish and Spanish English?

Yes, I do.

Yes.

Okay, who is the the operator of the existing?

Uh I think there's an existing child care.

You're the operator?

Okay, and you are the owner of the property?

Yes.

Okay.

And you support the application?

Yes.

Okay.

You can have a seat right now and we'll speak with the uh operator here.

And he has Andre, Audrey, Andreas?

Okay.

Okay.

Uh Ms.

Sosa, do you presently have a family care business?

At 339 West Lexington Street?

Yes.

And you're a tenant there?

Not any.

And do you live there?

Okay.

How long have you operated the current child care business?

Approximately nine months.

Okay, now everybody slide over because somebody's got to speak into the microphone.

Oh, okay.

Okay.

That's all right.

So everybody can hear.

So what was the answer to that question?

Uh approximately nine months.

Nine months.

Okay.

And you have certain hours of operation?

Yes.

And with a group home, a group child care home, do you want to increase those hours of operation?

No, not for hour no.

Not uh not at the moment.

What hours of operation would you operate now and in the future if you got the group child care?

Actually the lunes a viernes.

At the moment it is 5 30 a.m.

to 9 30 a.m.

Monday through Friday.

And the plan would be to continue the same hours.

5 30 a.m.

to 9 30 a.m.

Correct.

That's it?

Correct.

Just to be clear, so five 5 30 to 9 30 a.m.

or 5 30 a.m.

to 9 30 p.m.

5 30 a.m.

to 9 30 p.m.

Alright.

That makes more sense, don't and how many days a week?

Cinco the other ones.

Five days a week, Monday through Friday.

And how many child care workers are there?

It's me, meaning her and another person.

Okay, so two of you.

Yes.

And if you were approved for a group child care, would that increase?

See as in the group today consideraria incremental personal.

See necessity is necessary, claro que si.

If it's needed, yes.

If it's needed, yes.

If it's needed.

Correct.

And I take it you presently have all the licenses that you're required to have.

Yes, we have all the licenses to operate.

And on average, how many children do you service Mondays through Fridays between 5 30 a.m.

and 9 30 p.m.?

Approximately quantum nino teleprending service or the cinco immediately pm.

Approximately?

Approximately 10 children in the span of 5 30 a.m.

to 9 30 p.m.

But the most at any one given of time is how many?

If it's the same time, six questions.

So if you were granted the approval to increase to a group child care home, how many how many children do you intend to watch at any given time?

That would be approximately seven to twelve.

Thank you.

So the the daycare that you run, what's the name of that?

And you started that looks like the lease between you and the landlord is dated February first, 2025.

Correct.

And did you move into the property about the same time as that lease started?

A few months before.

She moved in herself before.

Okay, under a separate lease.

Correct.

Alright.

No other questions, at least for now.

Any other questions, Amanda?

So we have days, hours, time, employees.

And are there any any uh I don't see any deficiencies in the notice at all?

That's correct.

This is simply a special exception request.

Okay.

Okay, I don't think the board is uh for the questions.

Okay, not print.

But we do have a question for the owner.

Ah, but you can just you know sit over there for some.

That's fine.

And now yes.

So Mr.

Reyes, you've been sworn in.

Okay, now Mr.

Unger has a question.

Or two.

Uh how long have you owned this property?

Umly a year, six months.

Okay.

And when you when you purchase the property, was it occupied or vacant?

And then you originally um leased it to the applicant just for her personal residence.

Yes.

And then the lease that's in our file, um dated February first, 2025.

Does this lease replace that other lease or is it in addition to it's not clear, that's all.

Additional.

Right, so she you have she still has an active lease as a an occupant of the building, and then this is in addition to that.

Correct.

And do they this doesn't like the uh the daycare lease doesn't have at least I don't see a description of the area, so is she permitted to use the whole house or whichever sections she chooses to or has license for?

See uh you know and a quinely disque dice el uso of the daycare nivel specifica que pie so bow usaro la casa entera piece uh first floor for use of the daycare.

And her her residential lease covers the whole house or resident uh resident.

Yes.

All right, thank you.

I just wanted to clarify clarify those couple things, thank you.

Thank you.

Okay.

Okay, any questions of anyone, Samantha?

No.

Any other questions, Scott or anybody?

Okay, you can go sit down and it's our time to discuss this.

If we have any further questions, we'll ask you to come back up.

But the Mansion at the moment.

Thank you.

Okay, thank you.

Okay, you're welcome.

Who would like to begin?

I I'll just explain a little bit.

I was just curious because the lease is a residential lease agreement, and the only thing that talks about day care is that the tenant is the family daycare, so I was just trying to my head around the contradiction.

Because it is a requirement for group J paper for the operator to design the box response to understand.

Yes, and she did testify to that too.

Yeah, okay.

So other than that, I think.

Yeah, I I don't have anything to add besides, you know, this is a special use or special exception use.

Um there's no insufficiencies, so um I don't have the old code uh uh before me right now, but my understanding is that the criteria are the same.

Exactly.

Yes, yeah.

So you know if you want I trust that it remains remains the same.

Um, but in terms of what we have to look at, um you know the special exception will not result in a significant traffic safety hazard, or we haven't heard anything that you know attested today.

Um it wouldn't create a significant public health or safety hazard.

Um the use would not cause substantial negative impacts upon the established residential neighborhood.

You know, we heard that the operating hours are not changing, you know, there's sufficient loading, parking, all of that.

Um, and it complies with all other applicable use specific standards, so I don't see a reason why we would deny this.

And I will point out in the file, I note that there was uh a letter, looks like or an email from an objector.

Um as or been our typical practice, we put very little weight on this because it's hearsay and the objector is apparently not here to for us to cross-examine.

Um, but the letter does indicate that there have been some challenges with double parking and blocking of driveways.

Um so um well, I I again we'll put limited amount of weight to that.

I think whatever we approve, um, we should um as part of our condition that that the uh special exception use be operated as testified to um and if they have you know they've got designated drop-off areas um if they block driveways or do anything of that nature, which is not something that we're approving them to do, then that's something something that would be subject of an enforcement notice.

So is that your motion?

That is my motion.

Thank you.

And then I with my I have I do have one other question.

I I didn't hear any suggestion that there be any kind of modifications to the outside of the building.

I think that's one of the requirements.

Yes, that's correct.

Let me ask that question, and then uh then we'll go on from there.

So could you come back up?

Uh let's have the owner come back up here.

Yeah.

Okay.

All right.

In order to accommodate the larger child care use, will there be any modifications to the exterior of the building?

No.

That's a no.

No.

Okay.

All right, thank you.

Okay, thank you.

All right.

So subject to uh a slight amendment, just unless maybe she already mentioned it, but uh as long as we add that the uh app the conditions include that the use be operated as testified to and press specifically relative to to drop off and and you know shall not disrupt the vehicular traffic of the neighborhood.

Subject to that, I'll second Samantha's motion.

So I have a second, all in favor?

Aye, aye.

Okay, folks.

Um that was an approval.

Before you do anything, I want you to contact the office here because we have to write up a decision, and then you may need some permits that you don't have, I don't know.

Uh, but it'll be subject to you getting whatever permits are required in addition to what you have.

Okay.

And if a representative from the applicant would approach the dias, I do have a business card here, so you can make sure you can get in contact with us.

Okay.

Number two.

All right, thank you, folks.

The next case will be uh the South West Street matter, which is number two on our agenda, and uh you said Mercedes is the applicant apparently and the applicants who who just presented it, you can stay for the rest of the meeting, but there's no requirement if you don't wish to.

Yeah.

Uh okay, what's your name?

Joshua.

Sandy?

Joshua.

Joshua.

Mr.

Last name is McMendez.

Yes.

Do you suppose all the truth?

Do I see that we done you see the microphone?

You have to speak into that, both of you.

Because we need to hear you.

Okay.

So my first question is.

It's Mercedes is the last name.

Okay.

Do you presently operate the child care center at this place?

Do uh operate what I mean.

Say my paper safe.

Yeah.

Take the microphone in front of the ad.

Put that, that'll be yours, and this other one will be yours, okay?

So you won't have to share one.

And translate everything she says, okay.

All right.

Every word, every word of the question, and every word back to us of her answer.

Okay, you don't add anything or subtract anything.

All right.

Okay.

So she is the present operator of the existing group care of the uh family child care group.

She said yes.

How long have you been operating that care group?

Uh no, say uh no, you don't think no, she doesn't have the group operating.

She has the family.

It's a family.

And how long have she been operating the family one?

Uh four years.

Say again?

Four years.

Four years, okay.

And what hours and days does she operate the family daycare?

Uh uh you say how many hours?

What hours yeah, what hours?

Uh uh.

24 hours seven days.

Say it again?

24 hours, seven days.

Twenty-four hours for seven days.

Seven days a week, twenty-four hours a day.

Uh yeah.

And how many children do you serve in a day?

Quanto niño to with uh only uh she has a license for six kids in like different turns.

And what a license for six kids, but like different turns.

At different turns, is that what you said?

Different turno.

Uh different terms, yeah.

Different what?

Turns.

Turns.

And I believe six children, but in different shifts.

The children aren't there continuously is what I believe we're hearing.

Okay.

Okay.

And how many caretakers are there?

So her and somebody else.

And so you're telling us that one of you is awake all hours of the day.

Yeah, she works twelve and the other one works twelve.

May I ask a question?

Yeah, yeah.

Um, in the documents that we have, it states that you have a staff of of three yourself included.

So Mariella, Luz, and then Is that so is it three total or two total?

Okay, I threw María.

Um that's for when she puts the group, but right now in the family, she has one.

Okay, thank you.

Can you explain that to me?

Yes, so um in the application it said um that was oh so right now there's only two, but when I when they if they get approved for a group, then they will have three total does uh Miss Mercedes own the property?

Yeah.

And do you live there?

Uh right now no, because since she has the family she can't move.

Where do you live?

305 South de la DCO.

305 South 18th Street, I don't know.

305 South Dixon, is that what you said?

18.

18th Street.

When did you uh when did you first own the property?

When did you buy it?

Um she bought it the 15th of January, Ike.

And the 15th of February the owner gave it to her.

The previous owner gave her.

So she became the owner when again, 15th of January of what year?

In February.

This last February?

2026.

Yeah.

So you became the owner, but you've operated this business for for how many years?

No, Paris.

Um it appears that you're confused.

She the business is on 305 South 18th Street.

So it looks like this.

This is for conversion or from a single, it's currently a single family dwelling proposed to be a group home.

Her her family daycare is being operated at a another situation.

And the zoning office does see applications like this periodically where uh where an existing home daycare operator with residence in the city is looking to move both their personal residence and their daycare operation to another property that would better meet their needs.

I suggest the board may want to inquire to confirm of the applicant that that's the case.

So if this is approved tonight, what are her plans?

So prevent way some two plans.

Say it again.

Do the process of the change.

I'm having a real hard time understanding you.

Okay.

No, no, just you have to speak slower and into the microphone.

Do the process of the change.

And what does that mean?

Uh don't can be our pelea l stado para que yo puedan la inspection de la nueva casa.

Uh she has to send the papers to the state so they can do the inspection of the house.

And if they approve, she lo approving.

Silla approval.

If they approve, then what do you do?

She's gonna move into the house.

She's gonna move into 410 South West Street.

Yeah.

Any other questions?

Just so then if you you move your intent, is to move into 410, uh operate a group daycare, and then you will no longer operate the family daycare at 305.

She don't move it to uh do move it to operate I can you repeat your question again?

I just want to clarify that um if this is approved, she will move her personal residence to 410, operate a group daycare there, and then we'll no longer operate or live at 305 uh family daycare.

Uh si tu tem i I to casa e transfer single.

No.

Exactly.

Okay, any other questions?

Any other questions?

All right.

Okay, you can have a seat and we'll discuss it.

We'll note that this one has looks like three email um statements from objectors.

None here.

Okay, so we have no we have no uh testimony indicating that the proposal will have the negative implications that Samantha just recited.

Uh so we can't assume, of course, that those would occur.

Uh as long as the operator occupies the premises.

I think that was the one uh question.

We were in doubt.

Uh I don't I don't see any basis to deny.

We would approve as testified and all those other requests.

Yeah, I would agree uh and uh I'll make a motion to that effect that we approve the application um with the condition that it be operated um as testified and in compliance with all local and state um regulations and approval?

Aye.

Aye.

I okay.

You will get a written decision from us, and when you do call that gentleman, he'll give you a card.

Yes, I know.

All right, the first case R list is the Highland Street case.

Uh and the application and appeal is from uh translator Miss Rivera, I take it.

My name is Naomi Reyes, and A, I don't know why.

I assume you sat through this.

Do you think it's on the truth the whole truth?

Yes.

Yes.

Yes.

Thank you.

No.

She speaks into this one, I'll speak into this one.

Very good.

You've been watching and listening.

Okay.

Um let's see.

Ms.

Rivera.

Are you the operator of the I think it's an existing family child care center at this address?

In that address, no.

She does have the family daycare in her other house, and she's been operating for 14 years.

At your present location, some other location than this.

Yes, exactly.

Okay.

What is if you know 1705 Highland Street being used for right now?

As of right now, there's no one living in the house.

Since she has another house on Tillman Street, and she has a family daycare, it's required to resident but be a resident in the house.

So as of right now, she lives on um Tillman Street in her present daycare.

Okay.

And is the owner of the premises here tonight?

She's the owner of the house.

You own the house.

Okay, and how long have you owned the house?

The one on Highland Street, I bought it on this 16th of January of 2026.

Just this last January.

Yes, just January 16, 2026.

Yes, exactly.

And nobody lives in it since you purchased it.

No.

No, not right at the moment.

And you know what it was used for before you purchased it?

She had she doesn't know.

Okay.

All right.

If we were to approve your application, uh what would your hours of operation be?

Um 24 hours a day from Monday to Saturday.

But not Sunday.

No, no, not Sunday.

Monday through Saturday.

And how many child care takers would be employed there?

With her it would be a total of three people.

She says that she has to fence out a piece of the yard, and she's gonna do it on the backyard, so that's a plan that she has.

So that's a plan that she has.

And also if you give her the requirements of needing extra parking, she's planning on doing two extra parkings on the side of the house to not ruin the um look of the house from the front.

And this is a picture up here.

Is that is that is that the house?

Yes.

Yes.

Are there parking spaces presently in the rear yard of that property?

No.

No, they're not done.

She only has the ones that you see in the front of the house.

And there's one one in the garage.

And the garage and the driveway are the parkings that she has as of right now.

Yes.

And what's that road, that macadam there?

That's just uh like a walkway to the back of the house.

But the the gray area is that a macadam now?

Is the road?

It's a seventeenth street.

Seventeenth Street.

Yes.

Okay.

So this would be help me, Mike.

Is this the north east corner of 17th and Highland?

Northwest.

Northwest corner.

Yes, that's correct.

She brought pictures of what she's wanting to do.

I'm sorry?

She brought like images of what she's planning on doing if it's required.

Would you like to show them to us?

Yeah.

She has another thing.

She talked to a contractor to get it.

So which part of the house?

Where's 17th Street on here?

That's 17th Street.

This is the back.

She would just use that in the car.

She would fence back over yard, and then we used to call the parking.

If she does need them, she can't she can do it immediately.

Okay.

We didn't hear anything.

Oh, they're back there.

Well we'll it will explain in a second.

Okay, I'm gonna mark this as an exhibit, A1, this photograph, and we'll show it to these folks too.

Okay, so come algo getrajo para exhibir, y se lo van a insignia.

Okay.

All right, so that was in part an answer to my question about exterior changes, but the building itself, a la casa, no al parque only now.

No, no, no.

No changes to the building itself.

Nada or cambio la casa, no changes to the building.

All right, the uh do you the does other board members have questions at this point?

No, no questions.

The notice this is a question for zoning supervisor.

The notice indicates that three spaces are required and two are proposed.

Can you it sounds like they want to propose more than two, or is it just these two they just talked about?

And that's or the interpretation that I'm getting is that the two spaces would be fresh information.

The residence has a one-car garage plus a driveway and one car garage plus a driveway typically would be interpreted as two spaces if the applicant is proposing uh to and add an additional two spaces that would put them above the requirement that could potentially eliminate the need for the relief if the applicant were willing to agree to that as a condition, but I haven't had an opportunity to examine the exhibit yet, and I haven't heard any dimensions, so I'm not yet able to verify that the spaces are suitable for that purpose.

Sorry, can I that works or I'll read if I may read from this for the for the benefit of the crowd what's been presented as is an installation of an asphalt mechanic parking area in the backyard with an approximate dimension of 28 feet in length by 20 feet in width.

So the dimensions that were presented would meet zoning or the ordinance requirements for parking spaces.

The applicant testified, although I heard testimony to installing the spaces in the side yard, this contractor proposal appears to indicate spaces in the backyard, so we may want a question to confirm we understand the location of any proposed parking.

And what is it exactly?

And this is a contractor proposal from Dromo Paving, a licensed contractor with a business address here in the city, and this is to install two additional parking spaces.

That's correct.

This is a this is a standard contractor's quote.

All right.

If I may, ma'am, if I may pass this down for the board space.

Yes.

She said that um they also made an estimate to do it in the front to add a space, but that's something that she's not considering because she doesn't want to change the look of the house from the front.

So that's why she is more to like the they said backyard, but it's like the side of the yard.

Yeah, it's I mean there's no roadway or public right-of-way along the backyard property line, so it obviously needs to come off from 17th Street.

So well, maybe to the rear of the house, it's probably in the side yard where the an access drive could conceivably be paved into what Zone would consider the rear yard.

So my question is is just confirm without benefit of a diagram that then we're all on the same page here.

Could I ask Mike a another question?

Um so with the the proposal of the two parking spaces in the side yard, would that um meet the requirement of an off-street drop-off and loading area based on what you you've seen?

That requirement of an off-street drop off and loading area is not the best defined requirement in the code.

I do suggest if it's just one pull in and pull out, and I would want to hear more information as to how the space will be utilized, how many pickups and drop offs are occurring at a time, and whether that space would be sufficient to prevent queuing into the street.

Okay, any other questions of the witness?

I'll ask some questions about parking and elevator.

So um if this were to be approved and those two spots were to be installed on the side of your yard, do you envision drop off and loading happening from that location, or can you talk about how um parents or guardians will drop off children?

Let me translate it so that I don't get lost.

She's saying that those two parkings on 17th Street would consider drop-off and pickup since the two parking spaces on the front of the house would be the requirement for employee parking.

And she says that they have escalated time frames of when to drop off kids.

And then the entrance for the daycare would be directly in the back, so they would use just the entrance and the drop-off would be directly where they have to go in the back of the house.

Thank you.

And if I may, since this is fresh, one follow-up question.

There would be three parking spaces required for clarity's sake for the load of the or for the parking burden of the daycare alone, the two parking spaces that would be required for the residents, which would be the garage plus the driveway, plus one of your additional side parking pad spaces would need to be counted as required parking for for the daycare for your staff.

So that would leave you with just essentially half of half of your proposed paved area that would work about for park off or for pickup and drop-off.

So the board may want to just confirm that that that's sufficient and confirm that there's direct access and egress without little eggs straying out into the road.

And I guess a follow up question on that.

She's gonna have different um schedules for all three of them.

So nota no.

No, no, we there's gonna be two at a time.

Yeah, sorry.

Yeah, okay.

And we want to give the people who indicated that they were objecting to this.

There were six people to raise their hands.

We don't necessarily have to hear from six, but I want to tell you first what the significance of the special exception designation is.

Um generally speaking, if some use is allowed as a special exception in a zoning district, that means that the use is permitted unless the board finds any of the following to exist.

The board may not give special exception approval if the use would cause a significant traffic safety hazard, or would create a significant public health or safety hazard, or that the use would have a substantial negative impact on the established residential neighborhood.

And that it would comply with certain special standards, for example, that no exterior changes for the house would be made, uh, that the operator would live there and that sort of thing.

So it's a permitted use unless we find that those negative impacts exist in this situation.

Now we have not heard any testimony of such negative impacts.

And what we're not allowed to accept is speculation on negative impacts.

So we're certainly willing to listen to what your folks' concerns are, but with that understanding, uh where we stand, you know, where we're uh what our position is because of our obligations on the as a board member.

So do any of you want to speak to us, have any questions?

Okay, do you want one at a time come forward and identify yourself?

Hi, I'm Jodie Samoji.

I live at 1722 West Highland Street.

Um you spelling the last name?

Sure.

S O M O G Y I.

Jody with a Y?

Right, right, yeah.

So yeah.

I do.

And tell me your address again.

1722 West Highland Street.

1722 West.

Okay.

So you're just I'm a half a block where we have to park up here because there's no parking in front of our house.

So parking is terrible.

Um, a lot of this is a residential property.

Um, a lot of the residents got older, moved out of the city, rented, someone bought them out, now they're rentals.

So now we have a residential property that was already bought out where now one home has four to five cars.

So when we're coming home late at night, not only to say there's within this whole block and a half, there's one street light.

So you're coming home at 8 30, 9 o'clock at night, you're in the dark, you're walking to your home, but we park up here.

But I wanted to address the parking and the pictures if I could.

So if there's a daycare, that backyard, there's no thoroughfare.

So their fence is backed up against another owner's property.

So there's no through street or no alley, anything behind there.

That yard is only about 19 and a half feet wide, like lengthwise this way.

If they take that yard out, and approximately how many children will they have in this daycare?

It says 7 to 10 uh 12.

So 7 to 12.

Um, I do think it's mandatory that they do need a play area.

So if they're taking out the whole backyard for parking, where are the children going to play at?

Um, also their preferred parking spots that they're talking about.

Could we switch the picture to the street, please?

This is this is a main street.

No one aim owns that street.

So that's probab that's public.

Anyone can park there.

They do not own that street.

In order for them to even think about putting any cars in there, they'd have to tear that grass out, that tree has to come out of that front yard.

And then there would have to be some kind of barrier between the street and for them to even get in there.

So the parking in the back with no yard for the children, that's a big issue for.

I know I have two children, I have a grandson.

I wouldn't want to pay a daycare when my child can't go out and play.

Um, but we can't count that there as always a loading and unloading zone, because there are cars that park on that corner.

I I think what they're proposing to do is install paved parking areas in that side yard, which would have to, they'd have to get a crossover permit from the city.

Um that tree would have to come out the metal.

Not looking at the aerial photography, I think they could probably fit it in north of that tree.

Um, I don't know, because as the zoning officer says we don't have detailed drawings, we're just looking at um like aerial photography that's in the file.

Um but just like in the front, if uh Tabitha, if you could go back to the front photo, um, just yeah, where their driveway comes out, you can't park in front of the driveway.

So if they added two parking spaces on their property off of 17th Street, and if if the city engineering department grants that, then that would eliminate on-street parking spaces because you couldn't park there, but they'd be parking on their own property.

Does that make any sense?

Oh, yeah.

And with respect to the tree, just doing a very rough measurement off an aerial, so this is not with any kind of level of certainty.

It does appear that the in the entire area that would be considered the side yard from the perspective of zoning would potentially be able to fit those spaces.

The parking space by the code would need to be eight and a half feet wide to be suitable.

So you put that together, you're looking at 17 feet of width, doing a very rough just back of the napkin type measurement.

I'm coming in around 28 or so.

So it does appear that there would be real estate there available for what's being proposed to be considered.

It's gonna be a tight squeeze, because the guy that owned that house had a truck that he couldn't park on the street, and he would back it up in between that tree and that house, and it was a really, really tight spot.

He'd have a tarp here, and then try to back a truck right under there.

So it is a tight squeeze with that tree there.

Okay, thank you.

But also with the snow, like the parking, the snow, the drop-off 24 hours a day, it's a racetrack from 19th Street to 15th Street, from light to light to get on to 22.

There's no lights, kids coming in and out.

Like that's a huge safety issue.

So I would really like the board to really consider one, the children's safety parking.

If the backyard is going to be a parking lot, where are these children gonna play at?

And and just the neighborhood.

It's gonna be the parking lot.

So this is not consuming the rear yard, but looking at the era of photography, that is interesting that the rear yard is really really small.

You're looking at the computer.

But thank you so much.

I really appreciate it.

Thank you.

Yes, sir.

I think Brent Mia M I L L E T.

I'm at 1715 Highland Street.

I can't do justice to Jody.

She was just a minute.

Yeah.

I do.

No, tell me your last name again.

M-I-L-L-E-T me A.

Okay.

I did send in an email also.

And you reside where?

1715 Highland Street.

Highland.

So I am two houses down from the structure we're looking at.

There's the house adjacent to the one in question.

There is an alley.

And I'm next on the alley.

Okay, part of one of my concerns here today.

Um first thing I want to uh second it was what Josie uh what Jody had said about it truly is even now, just as she described almost a raceway between 15th and 19th Street, the traffic during business hours is already excessive.

That home, as far as I know, was a single family owned.

And even at the time, there were the parking issues that have already been outlined.

I simply don't know where the additional vehicles are going to go.

And I've heard the discussion, and I'm not gonna question the dimensions in those things.

I don't have that that information.

Yeah, we don't even but just practically speaking, before the additional volume, the parking is just as limited as what's already been described.

The one thing I also will add to that is again, just beyond the second house that you're looking at there is an alley, which exits onto Highland Street.

That is the corner that I live on, and as it is now, there are cars which have to park right up to the edge of that alley on both sides of the alley because of the limited parking.

I take my life into my hands already, trying to pull out onto Highland Street, because I don't have the clearance to be able to see up and down Highland Street.

I can only see the eye, it can't get any worse because it's already where it is right now.

I feel like I bought in a residential neighborhood on a residential street 30 years ago, and I did so to avoid much of what's being discussed here right now, and I'd like to see it maintained that way.

And I'd like to see it maintained that way.

And I feel like I I shouldn't be subjected to those rules changing.

So you were at 1713 Highland, is that what you said?

1715.

Highland.

1715.

Okay.

1715 Highland.

And so when you leave, do you have a garage in the back?

I do.

So I try to talk there as much as I can because of the limits of parking in the front to begin with.

So when you leave your garage, you you go on to ideal street?

That's the name of the alley.

Uh it looks like to the back of your so if you were to make if you were to travel over to North Barclay Street and then make a right toward Highland.

Correct.

Tell me about that corner there.

That is the corner I'm referring to.

That's the one you're talking about.

That's the one that I can show you a picture right now that I snapped before I came here of a vehicle which is parked just to the edge of exactly where you're describing.

It is, I believe.

The I I shouldn't, I don't know this for certain, but I think it's the my neighbor's car in the other side of the twin that I live in.

So I can see.

Well, I don't care whose car it is, I want to see where it's parked.

But my point is it's already a leader there.

This is where I would probably so that car is parked where on this.

So yes.

So this is the home question.

Right.

The vehicle I showed you is parked right here.

Okay.

How long?

Right across that alley right here.

Here is another vehicle that's parked right to the edge of the and this is every day.

So you have you would have difficulty, as you already testified, getting out onto Highland Street for the because of the site.

Absolutely.

It's not it, there's no site triangle when those cars are parked all the way up.

Okay.

Okay.

And this is as things stand right now without the extra volume.

And I wouldn't be looking forward to coming home or leaving out and having to deal with other traffic in front of the property in question.

And this is where I think the issues of the double parking, that becomes even a bigger issue for someone pulling out that alley.

I would also indicate too.

This is there's nothing wide about this street.

I just we you've had two people mentioned.

These cars will speed down that street, and I realize that's not the purpose of why why we're here today, but it is because the bottom line is in my opinion, the volume will simply be too much to be supported by the structures and the uh what's there as it is right now.

Okay.

All right, thank you.

Thank you.

Now anyone else want to speak.

Now let me let me mention to you, come forward, that we don't need repetition.

We've heard from two people now.

You've heard what they've said.

Do you have something to add?

Yes, I do.

Before you do, she's gonna swear you in.

My name is Heather, head dad.

D D A D.

South?

Yes, I do.

Now before you before you go on.

Oh, oh, I'll show you.

Okay, go ahead.

One at a time.

Your address.

1709 West Highland.

I am that house directly next door.

To the left.

Yes.

Okay.

Um I have lived in that house for the last 14 years.

Uh this has just got me totally upset.

I have trauma, past trauma from daycares.

This has been a residential area the whole time I've lived there.

We've had never had any issues.

Um I'm concerned about the 24 hours thing pretty much all every day except Sunday.

Noise.

My anxiety is going to be at a height every day, thinking, wondering, kids crying, are they safe on these streets?

Kids crying.

Are they safe on these streets?

They're really bad.

And it's not only Highland that they said, it's the 17th, too, where they're putting the parking for drop-off and pickup.

That road is bad as well, just as ours on Highland.

Um the kids are my concern getting in and out there, even if it's off street.

And she's concerned about the front of the house.

That's going to make the whole side of the house and the other people that live there.

You know, the look of it that she's concerned about.

The look of it is gonna be that now.

Um, it's it's just I'm not in agreement with this at all.

Um, and it's very concerning to me.

It makes me feel very uncomfortable.

There is going to be all different types of people coming into our neighborhood.

Um, seeing us coming in and out.

I have a daughter who's 13.

You know, I don't know these people.

These same kids are not going to stay in this daycare their whole lives.

There's gonna be kids that come and go.

So that means different people coming and going, all hours of the night, too.

And that concerns me with these strange people's people I don't know coming into our neighborhood.

Uh so pretty much oh also I have a petition that I started.

I've never done this or never had to deal with any of this before.

I just said to myself, listen, I gotta see what I can do here.

I wrote up a little something.

I have over 33 signatures here from people who cannot come and speak speak on their behalf due to whatever reasons.

So I have this.

I don't know if I can show you.

Signatures objecting to the use.

Yes.

Okay.

It is right here.

You could show it to us, but I can tell you that you know we need testimony.

Yeah, I figured, but I like I said, I never did this before.

That was the first thing that came to my head.

So I was like, let me go see what all my neighbors feel about this.

Okay.

So a little something here.

Okay.

Thank you.

All right.

Does anyone else want to add something to what's been said?

Not repeat it, but add.

Wow.

I'm the owner of 17.

We're just gonna do one at a time.

Is anybody translating?

No, no, no.

Okay, then you have a seat.

Yeah, I'll see.

Joseph and Dad.

The whole truth about the truth?

I do.

Okay.

What's your address?

1709.

I own a home next door.

The 1709 Island.

Same address.

Yeah.

1709.

Highland is the one next door.

Yeah, the same address as hers.

Yeah, that's what I meant.

That's you're married.

My daughter.

She's your daughter.

All right.

You have something more to say than she did.

Well, I'm concerned about uh property values.

Um if we can do change a home, a residential home that's been there like that since the day it was built.

You know, what is that gonna do to my residential home if you turn that into or into a business?

Once that business is gone, okay.

The hairdressers will can come and take it.

Is that possible?

No.

Well, what's possible after that?

It has to stay a daycare.

I mean, I just totally don't agree with that.

And the parking, of course, and I'm gonna go right back over to the same things.

But the same ones we've wrote.

I just said the same, yeah.

I'm not going.

But my issue is that Highland, that crosswalk, that right there, that 17th and Highland.

Okay.

That's a speedway.

We've been there for both ways.

You know nobody, I understand.

We've heard of it.

My issue as well as property values.

I just don't feel businesses should be mixed in.

Do you residentials?

Did you hear what I said in the beginning?

No.

It's a permitted use unless we find certain negative impacts.

Yes, so it's it's allowed.

The use is allowed by zoning unless we think that at this location it's too much of a negative impact.

Right.

So it can be used for what they're asking it to be used for because of the zoning law.

Of course.

Okay.

Like you're if I may, with respect to other businesses being established here, there's a very narrow carve out for a home daycare that could be permitted here.

The hair salon, the barber shop, the nail salon, etc.

None of those uses would be permitted.

The way the daycare rules are written, they're supposed to not encourage any kind of fundamental modifications to the property where 40 years down the road it looks like you have a shopping center at the end of the block.

That's what yes, thank you.

All right, one final one final Taylor dad.

Taylor, what?

Had dad.

So I do.

And your address?

The one next door as well.

So I'm her daughter, and that's my grandfather.

All I wanted to say is that um I personally think it's a little bit ridiculous to turn which was a residence for forever into a business on a street that is mainly residents, it's just gonna be uncomfortable for everybody, and it's just a very family welcoming area and with a business, it's just personally, in my opinion, it's not supposed to be there.

And then on top of it, um our family dog is not the friendliest, so we're gonna have to now worry about taking him out and being more secure with him than we already are, and I think that's just overall not a good idea, and that also makes us even more uncomfortable because now we have to change around our way of living.

And I personally don't think that that's fair to us nor our dog.

Um so yeah, and I feel like that should just kind of like God forbid, you know, something happened to one of these children or adults, anything, and then it's just gonna be a problem, and I think that it can be avoided.

Okay, thank you.

Yep.

All right.

I'm going to admit into evidence exhibits A1 and A2, and uh with that, are we ready for discussion?

Yes.

Okay.

Go ahead, Scott.

I have to admit that I have a couple couple concerns.

Um I guess the first is uh I I note in the ordinance that for a child care center, the narrative has to include outdoor play space.

And while I feel like we've considered in the past, I don't see specifically where the narrative for a group or family child care center or group or family child care um use need the narrative needs to discuss outdoor play area.

Um, but it seems like a practical um item.

And I looked at the previous two cases, and those seem like there's more outdoor space, and neither one of the previous uses that we approved tonight um was proposing to consume any of their outdoor space with additional parking.

Um, particularly if you look at the aerial photography, if you put parking in the side, there is just a sliver of of backyard space.

And I feel like a 24-7 hour operation with seven to twelve children is pretty intense for the size of this property, which is not I mean, there doesn't appear to be um specific zoning requirements for how big a property has to be, but from a practical standpoint, um seems like a concern to me.

Um I don't know that I mean the traffic speeds on various streets are are really, you know, they're I guess they're uh that's potentially an issue anywhere, so I don't know that that's unique to this particular property.

Um parking I'm sure is challenging at times.

This is during this this photograph that we're I'm looking at is probably during the middle of the day based upon the sun angle.

So it's noon, so everybody's at work probably.

Um, but uh I guess that I'm open to thoughts from my colleagues.

Umdoor space, I think I I'm inclined to defer to the state guidelines or requirements um for a group child care home in terms of what's required, and I think should we approve this, one of the conditions would be you know that they obtain any um you know licenses.

Um I think we heard you know um a lot about kind of changing the residential nature of the area and a group home as defined as a dwelling unit, so a residential unit, um, in which child care is provided, so it is residential in nature, so I don't see it changing the residential nature of the neighborhood.

Um then I think in my mind I'm I'm almost viewing this as like in two different scenarios.

So we have the scenario where those two spots on the side don't you know get approved through engineering and or zoning and all the city processes, in which case I think some of those traffic concerns and you know parking concerns and all of that, then are um heightened um because there are not those two additional or that one or they're not meeting and exceeding the requirements.

Um however if those two spots are permitted to go on the side, and once again I would defer to the professionals at the city to review whether it's okay and makes sense to have a curb cut on that street, you know, whether it's safe to pull in and out.

There are engineers that you know look at that, and I I defer to them.

So I think if if those spots were were to be allowed and installed, I I'm not seeing the the trffic safety, public safety concern.

I think as there's as they're drawn again, and it's not like an engineering drawing, as they're as they're drawn.

I guess my concern is to install them that way, you'd lose two on-street parking spaces to access them.

So all you're doing is usurping public right-of-way spaces and putting them on your private property and eliminating what little play area space there was.

So we can't we can't designate as pickup and drop-off any off-site uh space, can we?

That wouldn't be permitted, and if the board wishes, there is co there is content in another section of city code that that concerns play spaces and group child care homes.

So I can share that for the record if the if the board chooses.

That's from chapter 213 of the code, which is specifically with respect to requirements for child care facilities, use of play space in group child care homes, uh facilities shall provide outdoor or indoor play space to be used for large muscle activity, which includes running, jumping, climbing, and riding, outdoor or indoor play space shall be safe for large muscle activity, and outdoor or indoor play space in which children are receiving care may not be used simultaneously for other business, commercial, social, or another purpose unrelated to the child care being offered.

The health or the Bureau of Health has a systematic program of daycare inspections, including an opening inspection for any facility.

When they conduct that inspection, they would assess the play space and meet make sure it meets those requirements, make sure there's sufficient room for gross motor exercise, make sure that make sure that active kid play isn't trying to be shoehorned into the same space where someone else is preparing taxes or watching a Phillies game.

So there are there are other safeguards of the code in place to ensure that that's efficient play space is furnished.

And tell me again what it says about on-street parking as drop-off and pickup.

On-street parking cannot be used as the drop-off for pickup.

There's no there's no explicit prohibition or there's no thou shalt not language, but given that the code specifically requires the that there be space designated for pickup and drop-off, the zoning code only governs private property.

So the inference can be made that the space should be furnished on the private property.

Okay.

I think that if the parking needs can be met, and we don't know that at this point.

Uh that we don't have a basis for denying the application.

I think that we well know that the burden is on objectors to prove uh not speculate, but prove that the use would cause any of those negative impacts.

And I don't we don't have that in front of us.

Um I am concerned about the juxtaposition of outdoor play space and parking areas.

And we need both.

And I don't know that we have both here.

Uh if we were to vote on this, uh I would suggest a condition that the all-street parking requirements would have to be met, and the outdoor play area would have to be met as a condition if either of them could not be.

Uh a non-approval.

So my feeling is that we would if we have such a motion, we would approve as testified all licenses are required and specifically they must meet the city standards uh for the required off-street drop-off and pickup parking and the outdoor uh play spaces.

would suggest a condition that the off-street parking requirements would have to be met and the outdoor play area would have to be met as a condition if either of them could not be they wouldn't meet the condition and the uh approval would be uh a non-approval so my feeling is that we would if I have such a motion we would approve as testified all licenses are required and specifically they must meet the city standards uh for the required off street drop off and pickup parking and the outdoor uh play spaces if they can't they don't have approval and if I may for clarity's sake the city's daycare requirements permit play space to be furnished either indoors or outdoors there's indoors or outdoors but we gotta have outdoor anything I mean I probably the state requires outdoor everyone I've heard of has an outdoor parking space would not outdoor play space would the board wish to have a specific condition on outdoor play space or would the board defer to the other licensing agencies as as to the suitability defer to the other licensing agencies yeah so for clarity for the sake of our enforcement if only indoor play space were were to be proposed and the Department of Human Services says that's acceptable and the the Bureau of Health says that's acceptable the the condition of this board would be met in that circumstance yes okay fair enough just wanted to make sure we understood to carry out the the guidance of the board good point.

Excuse me can we add something if you wanted to add something if you're willing to hear if it's it if it's we're we're in our discussions right now so we're not going all the testimony you can ask questions afterward go ahead.

I would agree with what you stated so I'm willing to make the motion um to approve the special exception with the the two conditions I believe that you you stated one um that it is as testified um and includes and that they are able to install and they install the two off street parking spaces um and two apply with all requirements you know city requirements state requirements regarding a group child care home that's anything yep I think you got it do I have a second I'll second it all in favor aye aye opposed I'll opposed okay okay so you will get a written decision from us and when you get it you call this gentleman okay all right thank you so much thank you all right any other business before the board I don't think so no thank you uh when's our next hearing the next hearing is in a few weeks that's Monday over okay for 1326 next okay and with that the meetings adjourned questions yes but yeah yeah