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Hearing video

ZBA Hearing - October 21, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 21, 20266h 42m

I'll bring up the elevation so you can visualize this, the building height is just under 51 feet

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high. So at that point, really just a de minimis deviation from what the code would allow.

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As the board has likely heard in many other cases, the Planning Commission has recommended

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CMX 2.5 zoning along much of the Lancaster Avenue corridor, which would permit height of 55 feet

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high. The point here is merely that the Lancaster Avenue corridor, as a commercial corridor, continues

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to improve, and this application's appropriate contribution to the corridor requires a much

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more substantial commercial space than the applicable 45-foot height maximum can reasonably

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accommodate. In support of this, I will point the board to Exhibit 11, which again supports that

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this property sits among a very important commercial corridor that you can see from

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the photographs is suffering to practically non-existent at this point. And then the city's

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vacancy map, which you can see on the next page here, further supports this notion, showing both

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the swath of blue and red indicating both vacant land and vacant buildings that surround this

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particular property now again the board might recall that you have granted many other variances

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along this same corridor for similar height relief such as 4151 lancaster avenue at 66 feet tall

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4237 Lancaster Avenue at 62 feet tall, and most recently, 4320 Lancaster Avenue at 66 feet tall,

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just like the proposal today. These projects all involve similar height variances and will

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continue to mark a dramatic shift in this commercial corridor, allowing for benchmark

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large-format tenants to participate in its recovery. The West Park District Plan does

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further support the upzoning here to concentrate commercial activity to key intersections and

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streets, especially those served by frequent transit, as I showed on the map at Exhibit 8.

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Page 59 of that district plan specifically states that new development can be incrementally

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added on the several parcels of vacant and underutilized land that borders the north 52nd

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street intersection intending to create an improved gateway to the 52nd street corridor

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and the park west town center this project that's before you today as well as the other phases

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will directly support that goal in conclusion the applicant submits that the proposal will

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not increase congestion, endanger the public, or impair light and air. The property sits in

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close proximity to a vast public transit network in the immediate area, including multiple bus

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routes and the trolley line. The height here will not be out of character with other existing

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buildings, nor can it negatively impact any surrounding uses, and will further blend with

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any future development that occurs in the ICMX zones across the street. As always, a thorough

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analysis is included at Exhibit 12, and I can expand on any particular point. So if you wouldn't

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mind swearing in my client. Sir, could you please state and spell your name for this

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stenographer? German Yakubov, G-E-R-M-A-N-Y-A-K-U-B-O-V. Do you swear or affirm and tell

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the truth, the whole truth, nothing but the truth? I do. Counsel. Thank you. German, I talked a lot

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about the vision for this commercial space and the necessity to provide large high ceilings modern

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space can you just talk through briefly your vision for the space and in particular your

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proof of concept if you will sure so the building next door that we moved our headquarters in on the

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second floor um the first floor had about 18 foot tall ceilings and we were able to attract a boxing

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gym there that or their second location the first one's in northeast philadelphia and the what we

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found is that having taller ceilings for commercial spaces tends to cast the widest net for possible

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tenants especially in an area like this that is currently underserved um we want to be able to

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attract and um offer our space to as many people as we could so the other thing is as part of what

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meredith mentioned the other two phases of the development the commercial space is intended to

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in part be subdivided into smaller places to be able to give access to businesses that are kind

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of quasi-established but don't have a brick and mortar operation for instance like a like a pizza

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Like a pizza truck that, you know, doesn't have the space for an actual physical location, a mobile barbershop or other kind of businesses that need a, that have a following but don't have the capital to invest or the credit worthiness to invest in a commercial space.

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truck that uh you know doesn't have the space for uh

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So this first kind of foray into this neighborhood would be there to attract those kind of businesses.

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There's a container village on Parkside Avenue right now that's there, and it's a great concept.

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The issue is there's not a lot of density in that area to attract people to basically have those businesses thrive.

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So here what we've proposed is having the density of the customers above the businesses that we're going to be proposing.

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So we're hoping that these businesses are going to be successful.

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There are other buildings that have opened up on Lancaster Avenue that currently do have vacancies.

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They're not as dense, yet the commercial space that they've offered is also quite large.

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So we're hoping that the synergies between the increase in density, as well as the accessibility

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to the trolley lines, the CEPTA lines, and also the infrastructure of the 52nd Street

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shopping center with the Lowe's, the ShopRite, Planet Fitness, all those places that are

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there, they're going to create, they're going to attract both residents and businesses to

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the area.

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And then can you just briefly talk about property management?

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property management in terms of trash disposal and how so how you sort of manage so just like

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with all of our businesses we both build and manage our buildings we don't sell them so in

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this specific instance we're going to have trash pick up four times a week there's a trash chute

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that's designated off the street and a driveway for the trash to be picked up as Meredith's about

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show on the site plan uh in between the two buildings right there uh that'll also act as

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the loading zone area for the people to move in so it wouldn't block traffic it wouldn't um uh you

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know have any negative impact on on traffic coming and going on that element but from a property

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management perspective we manage all of our properties and in this instance our office is

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literally on the same parcel and next door thank you questions from the board you know mr chairman

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i didn't have him adopt my testimony um german in addition to what you stated uh did you hear

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all the testimony and evidence that i offered in front of the board today i did and do you agree

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that testimony is true and accurate and would you adopt it as if you had given it yourself

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i do sorry about that thank you questions from the board can you speak to to some of the uh

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questions and comments that were raised by the community

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i don't think there were specific ones regarding this specific building but in general the biggest

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pushback was parking.

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One of them was just the height of the building.

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Like you said, your office is, that was an existing building where your offices are now.

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What's the difference?

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It looks like that's a pretty tall building, one of the taller buildings on that block.

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Do you know the difference in that current building to what you're proposing?

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How many feet is different?

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It's about 30 feet.

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So you want to go 30 feet higher than that?

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Than that building, correct.

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Okay. And what is the, you know, I know that by right it's 45 plus with the elevator. Is there, what's the hardship of not doing 45? I know you would lose some units, but you can still have a higher, keep the commercial space higher, but you would lose a couple floors. Is that, if I'm not mistaken?

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That's correct. Yeah.

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Particular hardship about that.

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Well, the particular hardship is we wouldn't be able to have a viable commercial space on the first floor if we do that.

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You could if you had less residential units. I guess that's the question.

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right but then the building wouldn't be profitable right so the the commercial space um we're not

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relying on the commercial space to support the project just like we mentioned there have been

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plenty new construction buildings on lancaster avenue that have vacancies on the first floor

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like nobody's renting that space right so uh we're relying on the income from the

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apartments above to basically pay for the commercial space that's below

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Do you know how many units you would get if you are at the buy right limit?

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The units is, there's no variance for the number of units.

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I know, I'm asking, do you know how many units you would be able to have?

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But you would, how many units, you're asking for how many with the height?

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It's 45 units.

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45, regardless, that's what you're saying.

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So it'll still be 45 units.

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You want to make sure that your commercial space has high ceilings, correct?

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so if you don't have I mean what's the how small I guess would you be willing to like if you had to

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reduce that height on the commercial space how far would you be willing to go with that or you

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just want to you want high ceilings or no commercial well it's not that it's high ceilings 16 feet is

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typically the average for you to attract anybody that has people coming into its location right

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anybody that has people coming into its location, right? Like anything small, like here,

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Like anything small like here

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it's probably 14 foot ceilings in here, right? So believe it or not. Okay. So do you have an idea

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of the commercial tenants that you're looking for? Because if that doesn't, you don't, every

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commercial space doesn't need 16 feet. That's correct. So if it wasn't, it would be something

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like an office space or something like a small insurance agency or something that doesn't see

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clients it would just be somebody that would be in a private office effectively i guess my question

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is this is only about six feet taller than a like typical ceiling regular ceiling is 10 feet so i

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think you know you're asking for 21 feet of height relief for what you're arguing is for a six foot

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need what's happening with the other 15 feet sure so in a typical so if ideally we could build this

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by right right so if we were to stick this to 45 feet right away that's what i'm getting at so if

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we were to stick with 45 feet we would have 30 foot uh 30 feet of commercial on the on lancaster

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avenue and it would be capped at eight feet tall right so your choice you could also again have

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less units right but again i think part of the issue here as you could see from a lot of the

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photographs the aerials if if commercial is going to be viable here there has to be there has to be

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density to support that so and that was something that i think the board recognized in other similar

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cases like this one where similar height was granted and it and i i can tell you because i

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was involved in several of those cases the the basis was exactly the same sure really to in

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order to support the actual commercial itself, you need to have some level of density. And

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unfortunately, this area just does not have that right now. So if you reduce the number of units

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below what's allowed, number one, you're also reducing the number of affordable units, but

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you're also then, you're essentially making it less viable that the commercial can be successful

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here. So it's, I think, really a combination of factors here that really necessitates the

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additional height to ensure that, you know, not only is there the appropriate density that can

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support it, but that, you know, the spaces themselves are marketable for somebody that

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might look at this area and say, you know, do I want to bring my business here? There's not a lot

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lot of people here at least you know in this immediate area um you know is is this really

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where i want to go and i think i think part of the point here is to ensure that you know these spaces

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are are much more well designed than maybe some of the other offerings in the area is that well

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right that and also there's the height here wouldn't impede anybody's sunlight right across

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the street right now well ever right because you're sure 100 feet over a row house but there's

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no row house the building there could be in the future though it wouldn't right so we own the we

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own the big parcel across the street we own the building right behind it i mean there's row houses

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directly across from you absolutely and they but they wouldn't be affected by that there's a hundred

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foot street in between right you've done it you've done a lighting study we i mean we could attach

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one that's easy enough to do okay that's easy enough for us to do i mean i just think like

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yes I hear the argument I understand the logic around trying to have density for commercial

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100% get that but I think the comparison that's been made has been made to a very different

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intersection 42nd and Lancaster is a very different place than 51st and Lancaster there's a long

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standing commercial corridor and a management at 42nd right that's where like previously was

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hopeful now it's LA 21 like there's a robust long-term city funded commercial corridor program

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at that other intersection and i think there's a much deeper rooted neighborhood at the other

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intersection right so i think like to try to compare these two locations well i agree a little

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bit of a stretch if anything i would say that that location that you just mentioned is way more

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residential right correct right yet they were able to get the 66 foot in height and it doesn't

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affect anybody they're on a much uh narrower street behind it and and what those also didn't

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have was the competing zoning classifications across the street. So if the properties across

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the street are ever to be developed, ICMX would allow for 60 feet. So, you know, I think that

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just in terms of the vision for this area and trying to encourage, you know, some level of

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redevelopment in this area, that I think that zoning is highly relevant because that would

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allow for buildings to then essentially be entirely consistent with what is proposed today

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i hear you you mentioned you mentioned oh go ahead mike but you mentioned affordability

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what what what are there units that you uh are presenting that are affordable as far

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Are there units that you are presenting that are affordable as part of this project?

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Yes, this is part of the mixed income housing bonus program.

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So five of the units will be deed restricted, affordable, enforced through the city's program.

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And that's affordable to what, to 80% AMI or 60%?

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50%.

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This is low income, so it's 50% AMI.

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Okay.

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and the bonus was for height or for density the uh both okay you said five units five of the 45

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correct it's 10 and that gets rounded up that's that's essentially the code requirement so when

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you take advantage of the mixed income housing bonus 10 of your units have to be reserved as

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affordable okay good question i think i mean again not a question i think this is there's a lot of

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density i think you're banking on a future of this neighborhood that while i can like try to see your

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vision it's not the reality in most places in philadelphia have not densified like this in a

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place that's 60 two-story buildings across the city i think to come in and this is the smallest

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building you're proposing of the three right like there's this is going to be a lot of height that's

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going to be immediately in a place where there's nothing that high until you get to st joe's

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almost 30 blocks away that's not true we're proposing the same thing that was approved down

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the street that's what i'm saying that's a different that's why i was saying that's a

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different those conditions are way more uh um intrusive than ours they are literally adjacent

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to two-story homes on a narrower street, right?

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And those are still, that commercial space is still vacant.

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And here, ultimately, I'm the one taking the risk, right?

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So if I'm the one that's going to be making that gamble,

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and I understand that you might not see my vision

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the way I see it, right?

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And it's mine to fail, right?

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So if I get to invest into that community

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and the only thing I'm asking for is height,

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which was already given down the street albeit to an entity that received government funding

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which seems to be the only difference here uh that i see the the other difference being like i said

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is in a much more dense area um on a residential street here what we're proposing there's a there's

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a uh an unsafe structure directly next to it there's an abandoned building across the street

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from it right there's a junkyard literally across the street from here right um and we're doing is

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transform the neighborhood we're not asking for any density we're asking for a little bit of height

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so that people on the first floor that want to pay rent are able to afford it and be and have

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an opportunity of being successful we have a different definition of a little bit i think

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21 feet is more than a little bit i think seven feet is more than de minimis because more than

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10 but um i mean i i can understand and just again but again your risk is also our risk so

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like it's gonna come yes it is because if this doesn't work you're gonna come back in here and

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we're gonna have to figure out what else is going there this has happened to all the buildings on

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