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Hearing video

ZBA Hearing - October 8, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 8, 20258h 7m

Yes. Based off of the square footage requirement of the rooms, we can only do five in this space. Yes, sir.

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Yeah.

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Right.

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Okay. And so you have staff there, 24 hours, and how many staff persons?

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So the ratio is, the ratio, state required ratio is eight to one. We have a three to one,

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but one of my young people actually has a one-to-one, a lot of resource for him. So we

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technically have myself and then another staff member. Two of my four, all of my staff members,

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surprisingly, are degreed individuals. God sent them my way because I'm not paying them

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what they're actually worth at this point um that's another reason why we're looking to add

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more so that we can actually pay these master level special ed educators like what they're

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they're actually worth but they're doing the work um because they know me personally they know my

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passion and my heart behind the work um so people have been been taking a pay cut to do this

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meaningful work oh so at all times there are at least two staff people there at all times there's

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at least one staff person okay all right yeah thank you yep thank you um is there any outdoor

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space in the building yeah it was so we have we have the the driveway in the back and then we have

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the a patio in the front and then lawn space but their schedules are so packed they're and again

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they're never like on their own without us so to to we're literally leaving the house and like

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coming and going more so than kind of meeting and gathering. You did see a picture. We have

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emotional support animals in the house. One of my young men who's the barber, we're working on

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an internship with him now with a local dog groomer because he's taking a liking to animals

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and he wants to cut. So it kind of works. So he'll walk the dogs in the neighborhood with one of the

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staff members, typically as myself, or he'll sit on the steps with the neighbor's cats and their

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dogs and all that stuff because we're not going to have all those pets in the house. So but other

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than that they literally are coming to go and so two are in school now uh one i'm i'm fighting with

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the district to to get them re-evaluated and and for the school to deem that they can't oh the

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one of this comes in on the steps they can sit on the steps that's what yeah they can sit on set

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yeah and then the other question is the the neighbors that are immediately adjacent to you

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on both sides are they as since you've been operating have they had any complaints or do

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have their support? I have everyone's support on the entire block. But to your question,

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the immediate neighbors, yes, I have their support as well. I sent both their sons to school.

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One has a certificate as a graduate from the Europe program and the other one now is my

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plumber because he went to plumbing school. What's the age distribution between the youth?

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Yeah, so the youth in care now are 14 to 16.

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So I normally keep it within a two-year age bracket.

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So the first kid that came on board, who's actually on the spectrum,

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is doing extremely well at his micro school, was 14.

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So I went 14 to 16.

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If the first kid would have been 15, I could have gone 14.

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14 to 16 is a good age bracket.

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But I won't do a 13 and 18.

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I got you.

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I think I understand.

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Is that something you can control, or is that something controlled by the state?

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I can control. So the way that the admissions, yep, the way admissions work, they'll send me like a blurb of a kid and then based off who I already have and our capacity to meet their respective needs, then I'll say yes or no.

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I can control. So the way that the admissions, yep, the way admissions work, they'll send.

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We stay away from kids who have schizophrenia or bipolar, who's been fire starters, those who have experienced sexual deviant behaviors.

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The way that my program is uniquely designed is really for young people who have potential, who just haven't had the right setting and support.

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So we're very selective about who we admit into our program because we're well resourced and we're going to dump a lot into them.

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The one young kid who they slid in because they didn't tell me that he was a functional illiterate because he interviewed.

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Well, we interview our kids. We required him to write an essay as well.

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Somebody clearly wrote his essay for him because when I got him and realized that he couldn't read or write, we had to shift gears with him.

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But I think I understand. How many employees do you have on site at any given time?

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At any given time, it's always definitely going to be one because we're required by the state to have 24-7 supervision of the young people, even during the overnight.

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Typically, I work the 7 to 3, and then from 3 to 11, we always have two staff members.

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So 3 to 11, there's definitely going to be two staff members.

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Lights out is at 9 o'clock.

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And then I guess my question, because it sounds like there's a lot of supervision, a lot of wraparound support services that you and your staff are providing.

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So as you increase from three to five, how is that going to function, given like, I mean, I've watched all five of my nephews and my nieces before, and it's a group project.

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Yeah, it really is. It takes a village.

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So what's your plan when you have more youth, if they're going to different schools and having different activities and different wraparound support programs, how is that management going to happen?

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That is actually a great question, because when I initially started this, I didn't plan for everybody not to want to play, to do the same thing.

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So we ended up having to staff up during those critical hours, which is that 3 to 11.

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Two, I have been initially, so when the kids come into care or when the scholars come into care, there's a bid meeting that happens with the school district, and they're automatically defaulted to the neighborhood school, which was Martin Luther King.

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I knew for high school, right? Yep. So King couldn't accommodate them. So that just drew

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everything in a tizzy. I was able to find a school location for two of the kids. And now I'm still

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waiting for this last transition piece for my third kid who's actually going to go to the same

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micro school because these young men have been displaced for so many years and their academics

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is just shout out they benefit most from small academic settings so the micro school model um

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with and i'm not trying to cut you off it's just it's a lot of information that has more to do than

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the zoning i think i'm just okay no thank you thank you for redirecting me i'm fine with that

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specifically wondering about like from a management standpoint it sounds like you've

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gotten this system pretty set with three adding two more people is like that's a that's a change

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And so I just want to know, what is your management plan for five?

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The management plan will be to staff up during the critical hours.

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So I literally live five minutes from the group home.

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So I'm pretty much an on-call.

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My program manager is on-call and we actually added a social worker.

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So those that are physically in the house are the direct care workers.

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But in terms of the overall staff and models, you have a program director, a program manager,

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and a social worker as well.

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And we all kind of ebb and flow in there.

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but we'll staff up we do have the financial capacity to staff up and then my own my last

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question is like for neighbors so i just know from working in housing services that groups of

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men are something that often cause concern to neighbors so and it sounds like the rco was not

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in support what is your plan to try to manage the process of having the operations and any issues

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that might arise with neighbors do you have like a provision in place for when things come up that

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the neighbors want to address? That's interesting because I've been in the house for about 14 years

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and I fostered young men in this house for years. I fostered six. Sometimes I had seven or eight

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young men. I mean, they would pile them in. I wasn't held to the same standards as I am being

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held now because I bear the license, the organization board of license. I was just a

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resource parent so i've actually fostered young men that came from everywhere that i didn't pick

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um i didn't handpick based off of our capacity and we never had any challenges and i had the

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support of the actual neighbors again it was the same run of show my young men say that i just want

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to know what's the plan like what's the plan for when the neighbors have issues like do you have a

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for when the neighbors have issues? Like, do you have a, are you giving up your number? Is there

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Are you going to get through now?

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a meeting? Like, what is the process for people in the immediate neighborhood if there's any issues

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to kind of have them addressed? Yeah, so if there's, we can definitely call for a meeting.

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I mean, the challenge is I've never had any of these issues with the neighbors, and I've been

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doing this work since May, specifically this work in a residential model, but even as I've fostered.

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I have open communication. I'm one of the young energies on the block that is always taking care

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of the neighbors and the block. And I have had a well-kept home. You guys saw the picture on

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the front of the house since I've been there. So I haven't been an issue. My young men haven't been

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an issue. I do provide monthly reports of all of the things that's happening with the young men

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in my care to their county. So if anyone would like to see a monthly report and see what we

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have going on, by all means, I can share that information. I'll just take the young men's names

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off of that actual document. But I'm an open book. I've gone door to door to the neighbors

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prior to me actually doing this in a residential model, just kind of letting them know, hey,

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you're going to receive a letter in the mail. This is what's coming down the pike. But again,

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the work that I do and have done for so many years, the neighbors are well familiar with who I am.

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And when they have grandkids, niece or nephew, and they want to go to school or get a job, they're ringing my phone, which they have my number, or knocking on the door, seeing if I can talk to them.

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Any other questions?

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Questions or comments from our attorney, Hillary Emerson.

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um just one clarification so um so this is this is a group home where the um the scholars are

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referred to you from um state or city government agencies

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yeah from from counties so the current currently i have a young man from erie county franklin

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county um and lancaster county okay all right thank you i just want to make sure i was i was

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clear. And I'll bring that information back to LNI to make sure that the correct use is listed

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on your refusal. Thank you. And these are young people in foster care. I know on one of the calls,

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it was people, a lady, one of the neighbors were referencing them as like bad kids and kids that

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were like in court and adjudicated. These are simply youth and foster care that I've served

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in the same home, in the same capacity before. All right. Questions or comments from the virtual

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audience. Chair, I have a hand up from Charles Richardson. I will promote him shortly. Sure.

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I'm back. Good morning, Mr. Chair. Good morning, Mr. Richardson. Could you please state your name

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is spelled for the stenographer certainly charles richardson r-i-c-h-a-r-d-s-o-n office of

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councilwoman cindy bass room 508 city hall do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do please proceed sir uh dr smith you have a nice program uh thank you

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it's good for the you know in the space that you're in and it applies to the code the city

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code and you have three individuals in there now. We feel that it's excessive to go anywhere

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above that, to be honest. And so, you know, we're going to vote to oppose the special

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exception. You're kind of at capacity and you don't need to really go further ahead

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of that, as indicated by some of the comments that the neighbors have had. And you've already

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has said that yourself just now they've you know they're not they're not feeling feeling that as

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as you might be feeling oh that's your passion but that's not necessarily their reality

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at this point so we are going to oppose

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mr richardson yes sir are you done i am done all right thank you for that we appreciate it

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um is there anyone out and and mr smith i'll give you a chance to respond

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Is there anyone else in the virtual audience?

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I do not see any further answer, Mr. Chair.

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Mr. Smith, could you respond very quickly to the comments from the council's office?

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So one, I'm curious to know who are the weak, because I've had extensive conversations with my neighbors.

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So I'm not certain. And going back to the letter, the summary of the RCO meeting, what was sent to me said five.

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There was four people on that call, two of which was myself who can't vote and then Sharon Milbourne,

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Two of which was myself, who can't vote, and then Sharon Milbourne, who's the RCO, who didn't vote.

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And then the other two neighbors who sat through the presentation, gave favorable communication, and I had subsequent conversations.

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So the numbers were off.

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Mrs. Milbourne stated that everyone was in disagreement in how she recalled the actual conversation going.

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I asked for her to go back and look at the Zoom conversation and see.

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The other thing is I had a conversation with Cindy Bass.

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So what Mr. Richardson is speaking and he's representing her office.

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I'm curious to know when did that come about?

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Because I got a letter of support from her colleague who lives around the corner within walk at distance, State Representative Andre Carroll.

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So he literally lives in the neighborhood.

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Cindy doesn't live in the neighborhood, so I'm confused as to where this is coming up.

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But then she covers that councilmatic district.

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Absolutely, but she's not in, and I had a conversation with her and a member, someone from her office about it.

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I don't, like I said before, I've served six foster care youth in this home with just me.

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We've heard that.

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I have staff members, but I have staff members, I have staffing to substantiate.

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Mr. Smith, Mr. Smith, we understand.

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we understand yeah i just i just board board member bergman i just would like clarity from

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mr richardson i'd like him to support his statement i don't know if that's we're not

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supporting his statement he's he okay you uh planning commission excuse me mr chair i'm sorry

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to interrupt but i have a hand up in the audience now that uh that's the name craig smith i'll allow

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them to speak who is it someone using their name craig smith i don't know if it's uh probably not

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the correct one but i'll let them speak oh no that that was me that raised my hand yeah yeah

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he's craig smith all right planning commission

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morning chair members of the board michael gall with the philadelphia city planning commission

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m-i-c-h-a-e-l-g-a-l-l do you swear or affirm to tell the truth the whole truth not to but the

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truth i so affirm please proceed the comprehensive plan recommends no change to the rsa 5 residential

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single-family attached zoning at this location the city rezoned this neighborhood in 2019 in

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accordance with recommendations in the district district and comprehensive plans the appellant

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has demonstrated that the proposed personal care home use will have no detrimental impact

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to the neighborhood beyond what might be reasonably expected therefore the city planning commission

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recommends that the board grant the proposed special exception for personal care home use.

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Hillary, what do we want to do for a date for this?

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Let's not set a date.

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We'll close the record except for receipt of an amended refusal, if that's appropriate,

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which I believe it will be.

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I just had one other note for Mr. Smith.

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The initial presentation that you gave about your organization, Mr. Smith, we didn't receive

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that. So if you could please upload a copy of that by close of business tomorrow for her to be

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included in the record, that would be greatly appreciated. All right. So Mr. Smith, we'll be

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in touch with you with the vote that would take place. Am I correct, Hillary? Yes. Okay. Thank

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you, Mr. Smith. What was the name of the organization? I tried to write it. I couldn't

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remember. What was the name of the organization? Fostering Success, Boys to Men. Okay. You can find

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Find us online at fostering success, the letter B, the number two, the letter M dot O-R-G is our website.

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OK, thank you.

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All right.

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That's it.

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That's it, sir.

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All right.

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Thank you, guys.

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Have a blessed rest of the day.

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So, MI 2024, 006-880-2954 North Fairhill Street.

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Richard Rivera Roman is the applicant pro se.

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there's a letter of support from apm the rco the vote was four in support

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three in opposition applicant also gave us a petition with 13 signatures

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hello hi sir could you please um um i think i already swore you in

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earlier could you please turn on your video yes i can i can do so

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