civus
Hearing video

ZBA Hearing - April 2, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 2, 20257h 53m

The afternoon.

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We're going to pretend it's the afternoon.

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Yeah, it's been about seven hours since I've last seen you.

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We're really sorry that...

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We're still here.

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Sorry for ourselves, too, personally.

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Sorry for you guys, too.

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Could you please state your name?

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You've already been sworn.

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Yes, my name is David Schudy.

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Last name is spelled T-S-H-U-D-Y.

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I'm with Troutman Pepper Lock,

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And we represent the property owner, WhyNotProsper, Inc.

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In the virtual audience is Reverend Michelle Simmons, who is the founder and CEO of WhyNotProsper, Inc.

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Do you waive the reading of the refusal and agree with its accuracy?

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Yes.

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Why don't you start your presentation?

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Sure.

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Why Not Prosper, Inc. is a 501c3 located in the Germantown region of Philadelphia.

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It was established in 2001 and is the fee simple owner of the property at 5624 Chew Avenue.

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Since its purchase of the property in 2012, the property has been used for the mission of Why Not Prosper, Inc. to re-enter female inmates after their incarceration.

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In 2016, Wynap Prosper Inc. was granted a use permit following a zoning hearing to allow for a maximum of 10 occupants for the reentry program.

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That zoning board of adjustment decision had a provisable five-year period since then.

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Of course, those five years have expired, but the use has continued at this property.

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and here's a copy of the refusal from LNI, a copy of our application, and let me get down to the

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pictures of the property here. There's our deed as well too, and then the property is located in the

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CMX1 zoning district, which does not permit for this type of use. Here are some pictures of the

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prop exterior the property and and then we have some additional pictures of the

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And then we have some additional pictures of the interior of the property in the exhibit booklet as well.

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interior

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Again, this is where 10 women live as they reenter society from incarceration in the program.

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And another thing to point out is that the program does partner regularly with both the city of Philadelphia and with the Department of Corrections to support the city and the department.

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And as we mentioned this morning, for a similar hearing, we're not suggesting or not applying for any changes to the exterior, the interior, or even the use.

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We just want to keep the use the same so we can continue to serve the population.

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And with that, I'd like to bring on Reverend Simmons to adopt my testimony.

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they've been allowed to speak

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yes I'm here

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Reverend Simmons

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hold on one minute

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you've already been sworn just for the record

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could you state your name

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Michelle Simmons

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S-I-M-M-O-N-S

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and Reverend Simmons

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we want to apologize for having you so late

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but we had a couple cases go

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exceptionally long today

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that's okay thank y'all for staying

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and not leaving

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Yeah. Reverend Simmons, did you hear my presentation? Yes, I did. Okay. And were the

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factual statements that I made true and correct? Absolutely. And will you adopt my testimony as

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yours? I will. I have no further questions. Questions from the board. Real quick. So what's

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the average stay of the clients? Six months to one year. And just like this morning during

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your past five years, has there been any major complaints or instances with you in the community

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surrounding neighbors? No, no complaints at all. I'm actually the block captain for my block,

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so for the 5600 block and for 700 Shelton, so no. And my question, were you always granted the

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temporary variances

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before?

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It was

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something called five-year

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ProVesso

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and that was to make sure it wasn't no

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problems and so

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and you know we come

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back every year with no problems, not every

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year but so yes

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I would love for it to be gone and y'all just

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know we're a pillar in the community

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you know we add a lot of value

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in there

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on show and

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And so we've been there 20 years, and you can't come up there and ask any neighbors or anything, anything about their hood without them bringing up Why Not Prosper or the services we do for that community.

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Okay. No, thank you.

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Are all five bedrooms on the upper floors of the structure?

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No. On this one, 5624, there's two floors.

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There's one level where there's two bedrooms, and then another steps is two more rooms.

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okay and then what all is happening on the first floor of the property on 56 what what address we

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talking about 56 24 yeah nothing's happened on the bottom it's three little rooms down there

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one have like hygiene products and supplies another one it was a bedroom down there that

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we made that a bedroom uh well it was always a storage room but we made it to a bedroom during

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COVID. So if somebody got COVID, that was their bedroom, but it's no use in there now. So all the

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activity is on two and three, but the rooms are still there. Just no activity. And then what's,

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is anything happening in the basement? No, just that heater and the old air conditions that came

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down for the winter. Okay. How many youth do you have? No, it's not. We could serve in 56, 24

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We zoned for 10. We always get that confused, but it's 10 people. I think the records say 10 units, but it's 10 people.

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Okay. And that's how many per bedroom?

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Two of the bedrooms got two, and then the other three got three. That's what it is. It's either two beds or three beds.

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Again, like I testified early, we could have put more with bunk beds, but because we get a grant from the city and we're licensed by drug and alcohol, they say no bunk beds, so we have 10.

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Questions or comments from our attorney?

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Questions or comments from our attorney?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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Yes, Chair, I have a hand from Charles Richardson.

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I will moat him.

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Oh, my God.

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Thank you, Charles.

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Where's Charles at?

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I'm just laughing.

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I was disappointed because I didn't hear you at first.

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I said, but he's got to be here somewhere.

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He's not easy.

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You know it.

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No one else.

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You don't get to go home until we go home.

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Please proceed, Mr. Richardson.

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Certainly.

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Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Cindy Bass.

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The councilwoman has no opposition to granting the variance for this program.

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Thank you very much.

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CITY PLANNING COMMISSION. THANK YOU, CHAIRMAN, AND GOOD EVENING.

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DAVID FECTO WITH THE CITY PLANNING COMMISSION. CHAIRMAN AND BOARD MEMBERS, THE COMPREHENSIVE

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PLAN RECOMMENDS NO CHANGE TO THE CMX1 COMMERCIAL MIXED USE ZONING AT THIS LOCATION. WE NOTE

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FOR THE BOARD THAT THE PREVIOUSLY APPROVED USE AS A SINGLE ROOM RESIDENCE WAS APPROVED WITH A

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FIVE-YEAR TEMPORARY PERMIT IN 2016. THE PROPOSED USE IS NOT SUBSTANTIALLY DIFFERENT FROM THE ONE

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that was previously approved according to the definition of the zoning code a re-entry facility

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has 25 or more individuals including staff so this might not technically meet that definition

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the city planning commission recommends that the board grant her opposed use variants

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thank you mi2024 007243 5624 chew avenue i vote yes michael johnson my vote is yes

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Cheryl Gaston my vote is yes

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Tanetta Graham my vote is yes

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I am when my vote is yes

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thank you

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is there anyone in the

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virtual audience left anywhere

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Mr. Richardson was the only one

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out there

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thanks

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thanks everybody

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usually we get one

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Mr. Richardson there you go

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uh you know we we get to the point where we have one case or so that's a little longer i think we

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had three of them today that really went um exceptionally long i think we got a lot of work

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done and um we do appreciate everything you guys do with the staff i mean you know you just

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and i don't i don't know how you keep smiling all the time

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you gotta laugh to keep from crying right

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good night everybody good night thank you have a good one

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