civus
Hearing video

ZBA Hearing - July 15, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jul 15, 20252h 18m

condition never made any material alterations to the interior that increased the number of

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living units case was first heard on april 30th and continuing to today because i believe the

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board had some questions about the various entrances to the property and you guys requested

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more detailed floor plans showing how the uh the units were oriented so i'd go straight to

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those materials really quickly. So these are four plans we prepared to give you a little more

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context for how the units were oriented. Like I mentioned earlier, I think the board wants more

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details about the side entrance to understand how the tenants could reach the second and third level

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floors without kind of crossing into the first floor studio i'm sorry the first floor unit

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so this entrance here is marked in red these are the stairs kind of throughout the building

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and then we have some photos here showing that side entrance that allows tents to access kind

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of around the porch right here so if i understand correctly i think that was like the main um

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issues that the board wanted to get a little more sense of from the last hearing.

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So with that, I would like to bring on the property owner to adopt my testimony

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and answer any questions you guys might have.

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So just out of curiosity, right?

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So this is for four units.

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Correct.

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And there's three mailboxes now, one, two, and three?

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two and three i believe so i think the other one might be on the front but i can't see a picture

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of that okay and then there's three air conditioning units in the back do i see that

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i'm not sure

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i think that mrs terry might be able to answer if there's three okay good why don't you bring

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the client on. Great. Her name is Valisha Terry. She should be in the virtual audience.

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She's been allowed to speak. Good morning. Could you please state your name

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and spell for the stenographer? Hi, good morning. Valisha Terry

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V-A-L-I-S-H-A

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T-E-R-R-Y. Do you swear?

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

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Yes, I do. Please proceed, counsel. Alicia, have you heard my testimony

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this morning? Yes, I have. And was it true and correct to the best of your knowledge? Yes. And

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would you adopt it as if it were your own? Yes. Great. Any questions from the board? We'll be

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happy to answer. Well, I guess the first question is there's three mailboxes, but you want four

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units? Yes, sir. There's three mailboxes currently. And how many air conditioning units are there?

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and how many air conditioning units are there three yes sir three so the the this is a change

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Three? Yes, sir. Three.

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the fourth unit is a change so so when i bought the property there was four units um

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so i i didn't do any changes the fourth unit is actually um efficiency

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okay all right questions from the board

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I'm sorry, where's this fourth unit that we're talking about here on the floor, please?

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There's a two-bedroom on the first floor.

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There's a two-bedroom and a studio on the second.

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And then the last two-bedroom unit on the third.

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Can you go back to where the efficiency unit is, please?

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Okay.

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Thank you.

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And a studio.

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about this okay thank you sure other questions from the board

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questions or comments from our attorney

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uh same as for the last one there's no parking at this property is that correct

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No off-street parking?

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No.

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Okay.

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All right.

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So this one was also missing refusal for off-street parking.

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Thank you.

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Questions or comments from the audience or the virtual audience?

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I see no hands, Chair.

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Planning Commission?

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change in zoning to the existing single-family residential RSA-3 zoning at this location.

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the property has a history of legal three-family use as evidenced by a 1950 permit requesting the

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property was already three-family and a 2019 zoning permit for three-family and a 2019 rental

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license for the same number there is no evidence of the legality of the fourth unit nor are there

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unique physical circumstances or conditions of the property that would prevent it from being used

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with less than four units the planning commission recommends that the board deny the requested

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variance for four-family household dwelling. Thank you. MI 2025, 000415832 Wynwood Road. I vote

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yes with proviso. Maximum three units. Cheryl Gaston, my vote is yes with proviso.

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Taya Nguyen, my vote is yes with proviso. Board Member Johns, we cannot hear you.

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can you hear me now yes okay my vote is yes with proviso thank you thank you council thank you

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we're going to go to number two mi 2024 007 539 5236 north broad street

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counsel you've already been sworn

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you've already been sworn just state your name for the record

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alex goldberg a-l-e-x g-o-l-d b-e-r-g

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Okay. So we're going to do an update from the RCO. We'll take public testimony, and then after public testimony, a response from you.

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Sounds good.

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Okay. Hillary, we do have a letter now from the RCO.

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Yes, Mr. Chair. We have two letters. The coordinating RCO, Oakland Worcester, submitted a letter of opposition, and we also received a letter of opposition from a concerned community association.

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Counsel, I believe you received copies of both of those.

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I did.

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Thank you.

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Questions or comments from the audience or questions or comments from the virtual audience?

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Chair, we have Charles Richardson.

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Mr. Richardson.

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Mr. Chair, again, Charles Richardson, Office of Councilwoman Cindy Bass, room 508 City Hall.

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You've already been sworn, sir.

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Yes, sir.

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This meeting that took place had a good large number of individuals that did attend.

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Unfortunately, we had set up an electronic voting apparatus that malfunctioned.

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We had set up an electronic voting apparatus that malfunctioned, and unfortunately, only four people were able to vote.

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I believe, if I was reading correctly from the RCO meeting summary, that there were about 17 people that were there.

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Everyone was opposed.

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And the councilwoman stands with the community with regard to that, that it's a bad location for what they're trying to do.

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It doesn't seem to work.

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Well, you know, they're trying to force it, shoehorn it into into that location.

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And it really just does not work.

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So therefore, the councilwoman is opposed and joins with the two RCOs and the community in opposing this change, change of use, the variance.

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Thank you very much for your call.

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Is there anyone else in the audience?

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I see no hands, Chair.

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And planning commission, you've already taken a position.

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Excuse me.

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Sorry, Chair.

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Excuse me, Chair.

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Yes.

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A hand went up as you started to speak.

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Shayna Brown Marshall.

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Okay.

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Did she testify already?

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Shayna Brown Marshall, you're unmuted.

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You're free to speak.

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Good morning.

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Hi, my name is Shayna Brown Marshall.

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Last name M-A-R-S-H-A-L-L.

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um i am a resident here yes sir all right do you swear or affirm to tell the truth the whole truth

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nothing but the truth yes you this this is your first time testifying yes okay please proceed

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um i am a resident here at a five two three two north broad street um and um i've been attend

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in attendance at the RCO meetings and the last zoning board hearing before its continuance.

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The community has been concerned and have been submitting complaints and concerns to,

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you know, our council person's office, along with other entities. We were concerned with the

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mass non-permitted work that had occurred during a one-and-a-half, two-year period,

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non-permitted work, which included the HVAC system. There are listings for the property

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for selling that did show air conditioners in the windows, and now there is a complete

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you haul over of the system. Also, there's walls that have already been removed within the foyer

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area to connect the two properties that are in question. It also presents a concern when it comes

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to the emergency exits for those who are proposed in this use for second and third floor. There's

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also, uh, safety concerns for those who are connected, uh, to the, uh, property or adjacent

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to the property. Uh, we're a residential community. Um, there's been no, uh, zoning change or, or

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variance in decades. Um, and we already do have this type of use in our area. Um, and so therefore

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we were in opposition to this. Thank you very much.

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I will note too that we have a letter that you signed too. Oh, thank you.

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All right. Any questions for the person or just

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anyone else in the virtual audience?

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Thank you, by the way. Chair, we have Joan

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Tyree.

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Please unmute.

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hello yes chair i muted them so yeah i know i think she has two units

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and she declined to be promoted to panelists all right anyone else in the audience

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i see no hands

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council could you start your presentation sure um so a few things i want to touch on mr chairman

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um mr richardson's correct the the letter that was issued by the coordinating rco

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referenced four votes in opposition that letter said there were 12 people in attendance

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i think it was probably somewhere in between i'm not sure what the sentiment was of the rest of

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i'm not sure what the sentiment was of the rest of that virtual audience um there were a few

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that virtual audience.

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people that were you know vocal in that meeting um so i really don't know what the position of

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the other people there were we do have a petition with 20 letters of support from very nearby

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neighbors um so i do think that this project is supported to some extent the other thing that i

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want to make clear that um i don't think that either rco letter or the testimony you just heard

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addresses is the fact that this is a request for a special exception. We're not seeking

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a hardship here, although I think we do have one of those as well, because this is a building

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with over 9,000 square feet of gross floor area and has a history of unity of use where

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the wall, we didn't connect any buildings. This has been long connected and was a home

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for foster children before a long period of vacancy. And now we're trying to do a similar

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use, a different stage of life, but kind of similar. There's 16 bedrooms here with four

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ways in and out of the property. I don't think that this property could be used by right under

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the RSA 3 zoning classification. A special exception is even less of a modification than

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if we were asking for a variance here for something, for example, multifamily living,

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which we are not. But again, this is a special exception. So I believe at the previous hearing

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and at the community meeting, we established our burden that the proposed use of a personal care

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home was going to be no more detrimental than what could reasonably be expected for that type

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of use. My client, who will adopt my testimony, her name is Rashida Robinson. She owns a business.

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This is not someone's first time doing one of these. Her business is called Care Nest Homes.

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She operates a facility in the Germantown area, which she's essentially going to move here.

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it's a better facility um and she you know she's licensed she has trained staff she treats these

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people like her family they will be very well taken care of they're fed they have activities

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there is an existing unlined parking lot in the rear the people who will be living here they do

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not drive but that can be used for her van or any deliveries that need to happen or any family that

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are visiting. We're not congesting the public street. We're not overcrowding the land. We're

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not making any changes to the existing building structure. Again, this is massive, very large

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building, 16 bedrooms. We're not impairing the adequate supply of light and air. No changes are

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being made to the building. We're not burdening any utilities. We're not impairing the use of

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adjoining properties because, again, we're not making changes to the existing building structure.

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These are seniors that are living here.

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By nature, they're quiet.

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They don't cause a large disturbance.

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They don't drive.

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The building is staffed 24 hours a day.

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They're given transportation to activities and family and doctor's appointments and things like that.

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And we don't feel that, as you know, that there is a burden on the community to establish that this is going to be detrimental more than what could reasonably be expected.

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That has not been met.

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it's a professional operation that you know is going to provide an important service for up to

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20 senior individuals and I'll also note that in addition to the planning commission going on the

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record at the last hearing that they are requesting that this special exception be granted there is

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at 5224-26 which is five building structures down there is a unity of use personal care homes this

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is not out of character um although that is not a you know a requirement when looking at a special

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exception um but this makes sense here broad street is a major street obviously in the city

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of philadelphia we're not you know doing a large personal care home in the middle of a quiet

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residential street um with that i'd like to call my client what do you bring your client

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on i have your testimony her name is rashida robinson

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Rashida Robinson is coming back in as a

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Panelist

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Good morning, can you guys hear me?

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Good morning, I can, could you please state your name

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As spelled for the stenographer

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Rashida Robinson, R-A-S-H-I-D-A-H

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Last name Robinson, R-O-B-I-N-S-O-N

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

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I do. Please proceed counsel. Hi Rashida did you hear my testimony today? Yes I did. And was it true and correct? Yes it was. And you adopted as your own? Yes I do. And is there anything else that you'd like to share with the board regarding your business regarding why this location is a good fit for you or anything else in response to the comments that were made by the community member?

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I mean, I'm passionate about Careness Homes, and I'm a reputable company. I can get recommendations from all the hospitals, all the universities, almost all of the nursing homes.

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um i mean i'm passionate about care nice homes and

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