civus
Hearing video

ZBA Hearing - October 5, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 5, 20213h 40m

understand that this use is seeking a use variance, correct? Correct. And the use variance is, you need

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to prove unnecessary hardship in order to obtain a use variance, correct? Correct. And isn't it true

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that a use variance by nature means that the use is prohibited in the district, correct?

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That is correct.

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But your testimony is that the use is consistent with the area, right?

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Yes.

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So, Ms. Pena, how could a use that is prohibited by the zoning code be consistent with the

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zoning in that community?

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Because what's happening around in that area, there are homeless people in need of care.

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All right. So your testimony as to the alleged benefits of this use are because it's going to provide services to homeless individuals, correct?

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Services to the community, yes. And the homeless are part of that community.

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Well, the people who, by definition, the person who is homeless does not live in that community, right?

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Yes. They don't have a place to live. That's correct.

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But do you live in this community?

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I do not live in this community.

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Okay, but yet you've offered testimony as to what this community wants or needs, haven't you?

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I have, yes, because I do work all over the city. I'm well aware of what happens all over the city.

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Okay, but your testimony is not about the adverse impacts of a potential group living use.

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It's more about you're testifying about the benefits of servicing homeless individuals, correct?

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Yes.

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No further questions, Mr. Chairman.

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Mr. Chairman, I wanted to redirect on that.

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Ms. Pena, when you said it was consistent with uses in the surrounding neighborhood,

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were you also referring to existing shelters or group living, including Jamie's place that's literally a block away?

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Yes, because other shelters offer services for women and children.

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Yes, because all our shelters offer services for women and children, but not for men.

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No further questions.

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One other redirect.

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Ms. Pena, you're aware that this use as a house of worship does provide certain services to homeless individuals.

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Are you aware of that?

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I am aware.

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Okay, thank you.

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Mr. Preshman?

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We have certain witnesses are out there that want to make statements at this point, Mr. Chairman.

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So they're not going to be my direct witnesses, but they would like to make statements on the record, including.

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How many people do you have?

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How many people?

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Three people would like to make statements.

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Mr. Brown, Mr. Broadnax, and a council person from his office.

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Mr. Goodman, I think, is here.

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Yes, to make statements.

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Okay, please call your first witness.

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Do you want Reverend Broadnax to get up?

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Do you want to raise your hand, sir?

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Reverend Broadnax, you can unmute yourself and wait for the chair.

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Good morning, Pastor.

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Please spell your full name and I'll swear you in.

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First name, J-J-A-Y.

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Last name, Broadnax, B-R-O-A-D-N-A-X.

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you swear or affirm to tell the truth the whole truth nothing but the truth

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i so affirm thank you please proceed uh chosen 300 is is a proven organization and i believe

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that they are making a major impact for good in the community around issues of poverty

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uh their core sorts their core service of feeding as well as the other wraparound services they

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provide are exemplary for actually doing something about changing people's circumstances and their

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lives. Now, I appreciate and agree with members of the community that are concerned about homelessness,

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vagrancy, and security concerns that go along with them. But if we really want to do something

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about homelessness, which quiet as it's kept still persists in our community, we want to see

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less people with nowhere to go and with limited hope, then I believe that this model that's being

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proposed, which is not a shelter, but a very structured program with clear guidelines for

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participation, is exactly the type of program that we need to allow space to operate.

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The Youth Chosen 300 is proposing is an extension of services that they're already providing

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very successfully. They have expertise in working with this population. Many organizations learn to

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work with this population from Chosen 300, and the goal is simply to logically extend those services

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by providing a selected group with the opportunity for an overnight stay to better serve those

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clients.

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Chosen 300 already has made significant changes to the plan for the facility to accommodate

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safety concerns, including increasing entry and egress, and they've made changes to the

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model and terms of use to accommodate community concerns.

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They have a demonstrated commitment to ongoing interaction, monitoring and oversight by

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members of the community with benchmarks for review. And I feel that the proposed use represents

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an opportunity to significantly benefit the community by taking people off the street and

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working with them to impact their circumstances and transform their lives. So I stand in support

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of this project, noting that the proviso has already been provided that if granted the variance

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that Chosen 300 will continue to work with the community in a manner that's responsive to their

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concerns thank you very much i i don't have questions mr chair but i didn't get an address

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from where this church individual church is located in relation to the reverend could

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reverend please give us your address yes sir 428 north 41st street and what's the distance to this

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location uh about four blocks three three or four blocks thank you no questions

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Thank you.

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Mr. President, your next witness.

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Pastor, Mr. Kevin Brown.

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Mr. Brown, you can unmute yourself and wait for the chair.

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Good morning, Mr. Brown.

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Please spell your first and last name, and I'll swear you in.

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Good morning, Mr. Chairman.

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Kevin Brown, K-E-V-I-N-B-R-O-W-N.

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

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I do.

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Thank you, Mr. Pressman.

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Mr. Brown, do you want to give a statement or do you want me to ask you questions?

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Questions are fine.

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Okay.

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Mr. Brown, was there an RCO meeting held on June 14, 2021 with regards to this application?

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Yes. And are you the manager of the People's Emergency Center, also known as PEC?

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Yes.

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And are you the manager of the People's Emergency?

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Yes. And are you the coordinating RCO for this area?

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Yes, correct. And can you tell the members of the board what transpired with regards to that meeting, with regards to both electronic participation as well as in-person participation at Chosen 300?

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certainly uh so we did a hybrid a hybrid what we would call a hybrid a zoning community zoning

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meeting on zoom and at chosen 300 uh we had about um maybe about 15 people on zoom and about 20

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something people won um in person at at chosen 300 at which time um there we did a video

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sort of exploration of the building, the basement, the egress, et cetera, and then people were able

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to ask questions, and then we did a vote. With the individuals that were in person

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at Chosen 300, did Mr. Jenkins pan the group with the video to show the people were seated there

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at the sanctuary? Yes, he did. And how was the vote handled electronically? Were people able to

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on their computers uh identify uh who they were um or they just voted electronically

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they voted electronically um and i asked people to identify it but basically we did it through a

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zoom poll and you were asked to ask them to identify their relationship to the to the

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applicant and where they lived in the neighborhood and then um to vote or to abstain if they were

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say for example one of the lawyers or someone else you would abstain otherwise if you were

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community men or you would vote. And then also the people that were in person did it on a written

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balance. And the written balance, were they obtained and sent to you at the conclusion of the

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June 14th meeting? Yes. And how were they sent to you, sir? He was scanned to me through email.

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And then you prepared a letter with the results of the voting on June, dated June 14th, 2021. Is

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that correct correct and you submitted that to the zoning board to chairman uh to chico correct

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and do you recall how the vote came out uh yes um there were the people in person um 23 of them

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voted in favor of the uh of the project uh in person there were six people who were in favor

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of the project six people who were opposed and then it was nine of us who upstate and and therefore

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was the uh the coordinating rco's position that the uh uh their support from the community for

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this project correct and has that changed since uh june 14th 2021 no i've got nothing further for

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you. Mr. Brown, thank you. Two questions, Mr. Chairman, if I may. Mr. Brown, thank you.

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You had testified earlier, and I believe Mr. Jenkins testified as well, that he submitted to

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you the names and addresses of the individual at his property who voted on the project. Is that

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right correct so those individuals who allegedly cast a vote uh were not submitted directly to you

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by them it was through mr jenkins we agree could you say that again you're yeah i'll rephrase it

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sorry uh the individuals who cast a vote at who are present at the property at chosen 300

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were submitted to you by Mr. Jenkins they did not vote directly correct so you're saying they did

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not hand me their they it was impossible them to hand it to me because it was virtual right so he

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okay right so there's no way that they could personally hand me their their application

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their um their ballots so no okay but we agree the information was submitted to you directly by

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Mr. Jenkins, correct? Right. Fair enough. So Mr. Jenkins was the one who provided those

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individual addresses also, correct? Well, they filled it out by hand. The ballots were filled

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out. So they wrote them in themselves. Each individual wrote it themselves. Okay. They

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submitted a form? Yes. Each person had their own ballot and signed it. Okay. And each of those

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individuals voted in favor of the project, correct? Correct. Right. And the vote of the

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people who attended the Zoom meeting was a tie vote, not including the individuals submitted by

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was a tie vote for the not including the individuals submitted by mr jenkins the vote was

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Mr. Jenkins.

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tied on the news right you posted that thank you you posted that result uh after the at the end of

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the meeting yes okay and did you uh did you review the the addresses of the individuals who did you

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check uh the addresses of the individuals who filled out the form did you review them yourself

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i did okay so but for the so this is my last question mr i appreciate your testimony

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the the individuals who voted on the form submitted by mr jenkins are what made the

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vote in favor of the project because the vote was tied on the zoom call do you agree yes fair enough

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no further questions mr chairman thank you what one question and redirect mr chairman um mr brown

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do you um have any doubt that the votes that were submitted in paper were uh genuine and valid

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not at all thank you mr pressman you have one more witness i believe yes we're going to call

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out um mr andrew goodman from uh from uh councilman gotier's office

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good morning and wait for the chair good morning mr goodman please identify yourself and i'll

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swear you win yes andrew goodman last name spelled g-o-o-d-m-a-n here representing the

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office of third district council member jamie gaudier room 586 city hall

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We're firm to tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Thank you.

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Mr. Pressman.

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Mr. Goodman, are you familiar with this matter?

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And is Ms. Councilwoman Gautier familiar with this matter?

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Yes, I've been attending the RCO meetings personally and been briefing the council member, you know, at all junctures.

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And what is the councilwoman's position and the office with regards to this project?

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Councilmember Gaudier supports the granting of this variance.

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And was that also submitted in an August 13th, 2021 letter to the zoning board?

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Yes, yes. Councilmember thought it was important to get a few things on the record.

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First and foremost, certainly the support, the granting of variance, the kind of respect and admiration that the council member has for anyone who's taking it upon themselves.

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to better support those who are most vulnerable in our communities.

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We also have been pleased and reassured because we do know that many of the community organizations

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that we work with very actively expressed concerns a few months back,

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and we've been pleased by the responses that Chosen 300 provided in terms of providing more detail

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clarification about their intake process, how staff are trained, and just their commitment to

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bettering the community around them more broadly. And we also want to make sure, because it came up

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in previous, I guess the initial hearing in June, also want to make sure that it is very clear and

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on the record that a hybrid approach to voting, while non-traditional, is very much accepted and

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has been a common practice used by many RCOs in our district during this kind of pandemic time

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that allows for electronic as well as in-person voting. As from Councilwoman Gautier's office,

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Mr. Goodman, did you review Mr. Jenkins' letter dated June 29, 2021 that he sent to your office

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with regards to responding to the objections that were raised by various non-coordinating RCOs in the

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area. And was that what you were referring to earlier with regards to the concerns were addressed?

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Yes, that's exactly right. Yes. And what is your understanding of the work that specifically is

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done by the applicant in the neighborhood and in the city with regards to assisting people in need?

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i mean it's it's um it's broad and it's essential um we know we know chosen 300 as one of you know

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many organizations in our district that go above and beyond um and not just to serve those who are

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faced with homelessness but also to kind of make the community of west philadelphia

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a better place to live and work.

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Thank you, Mr. Goodman.

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Thank you, Mr. Goodman.

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Thank you.

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Thank you.

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Before we begin, let the record reflect that the board is in,

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confirms that we have a letter from the councilwoman,

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which I will read into the record before the conclusion of this hearing.

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Or I can, if it's preferred, I can do that to save you the time.

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If you'd like to, that would be helpful. Thank you.

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I do have just a brief question.

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whatever you want let's get let's let mr goodman read the letter into the record and you can

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proceed with your questions okay um dear zoning board i'm writing today in support of appeal

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number zp 2020 007485 located at 3959 lancaster avenue i have great respect and admiration for

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those who take it upon themselves to those to support those most vulnerable among us

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Homelessness has only gotten worse during the pandemic.

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People need somewhere to go and get the help they need.

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Chosen 300's application has gone through multiple rounds of review, has been out in

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the public more than most variance applications are.

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