civus
Hearing video

ZBA Hearing - March 6, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 6, 20246h 49m

Mr. Patterson.

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He'll be coming back in as a panel shortly.

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Thank you.

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Hi, Mr. Patterson.

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Good afternoon.

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Could you please state your name and spell for the court stenographer?

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Sure.

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Ronald with R-O-N-A-L-D, Patterson, P-A-T-T-E-R-S-O-N,

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Claire Harrison Law Firm, 1835 Market Street.

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Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Would you identify your client, the relationship to the property?

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Sure. The client is the owner of the property is Pavilion East Associates LP, which is the Goldenberg Group entity.

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All right. Our vice chair has a few questions.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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Yes, I do.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

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Yes, I have.

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All right. Thank you so much, counsel. Please proceed and share your screen.

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Thank you. Can you see my screen?

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We can.

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Okay, great. Thank you.

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As stated, this application regards 800 Market Street.

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It is ordered by 8th Street, Market, and 9th Street.

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If you see here in this aerial photograph, it's we're here to seek re-approval again for a public non-accessory parking lot containing 292 spaces.

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It was operated as such since 1985, and since 2002, we have been receiving temporary use variances by the board regularly for various reasons, which we'll get into in 2002, 2007, 2012, 2017, 2020, and last 2022.

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It's operated 24 hours a day.

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The parking lot was reconfigured in 2017 with attendance booths along with a new signed package.

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That's not part of this application. That's not changing.

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And so we're here today to ask for to renew the variance approvals with no change of the parking configuration, landscaping, and fencing.

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The landscaping and fencing and other dimensional refusals are listed in the refusal were the exact same ones that were appeared in 2017, at which time we were granted variance relief by proving the hardships at that time, and nothing has changed since that time.

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But since 2022, we've made substantial upgrades in the parking lot, including leveling out and regrading the parking lot and re-mapping, reconfiguring the parking spaces.

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As I mentioned, the owner, Pavilion, East Associates, LP, a golden group entity is the owner, and if you don't know, they own the IKEA Shopping Center, the Snyder East and West at Front Street, Whitman Plaza at Grant and Boulevard, Park West 52nd and Parkside, and the Van Institute of Housing at 1100 Cecil.

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Well, I say that because the point is they are serious, experienced developers, but they're not in the parking business.

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As I mentioned about the refusals, they regard interior landscaping percentages, a number of bike spaces, a number of reservoir spaces, and, of course, the uses of non-accessory parking lot that's in the center city area.

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As I mentioned about the refusals, they regard interior landscaping.

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There's just some additional photos that I'm sure we're all familiar with the parking lot.

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Historically, it was a former Gimbel site originally proposed for Disney Quest.

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Later, more recently, a possible casino that didn't materialize.

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And for many reasons, as you'll hear, it was not developed.

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Some started, some stopped. There's been offers to develop by other developers or for uses there, but the uses are really not the kind that would be appropriate for or desirable for that area, such as a one-story big box in a retail store.

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This site is really conducive to a fantastic, substantial type of development here.

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Of course, currently, there's no office interest. There's a possible hotel, but any deal that is signed is going to take 18 to 24 months to approve and start construction on.

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As I mentioned, the hardship, we did prove that before, but it exists still based on the current conditions, the past and current uses, the surrounding uses, and the viability and opportunities to develop this property.

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Yeah, and there are no adverse impacts, including upon traffic.

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It serves a beneficial purpose, providing needed parking due to surrounding hospitals, medical office uses, and the federal buildings.

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It is highly occupied, 24 hours a day, and it has not given any traffic impacts, as I mentioned, based upon the design and the traffic study that we had a year or so ago.

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As you mentioned, we did appear before to watch about Civic Association with unanimous letter of non-opposition and Councilman Squilla, his letter of support are recommending a three-year temporary variance.

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With that said, if we could promote Robert Friedman.

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They have been promoted to panelists.

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Hi, Mr. Friedman. Could you state your name, please, and spell for the court stenographer?

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Yes, Robert Friedman, R-O-B-E-R-T.

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Freedman is F-R-E-E-D-M-A-N.

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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.

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Please proceed, counsel.

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Thank you.

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Mr. Freeman, by whom are you employed?

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I'm employed by Goldenberg Management, Inc., which manages this property.

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And what's your position there?

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I'm general counsel.

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Thank you.

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You've heard and seen my presentation.

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Would you agree that it's true and accurate?

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Yes, I would.

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Would you adopt that as if it were your own?

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Yes, I would.

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Mr. Freeman, would you like to add anything else to the history and the attempts that the Goldenberg Group has tried to develop this property and also turning down offers to develop possible uses?

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Yes. The Goldenberg Group continues to seek a first-class complex development on this site. It can handle over a million square feet. It should be a serious, good, supportive project for the city located between the convention center, the historic area.

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But today's market with interest rates, construction costs make this very challenging, and we don't want to proceed with a smaller retail or other type of use just to find some other use at this point in time.

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As far as the interim use of the parking lot, it provides a service to the hospitals in the area, the restaurants, the offices, and also the fact that the Jefferson Garage at 1025 Chestnuts is probably going to be demolished in the next year or two, losing 300 spaces in the neighborhood.

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This helps keep the cars from circulating through the residential areas.

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And I think it's the best situation until we can do something more grand with this property.

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Great. Thank you. And just to clarify, you're not in the business of public parking, correct?

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No, no. We would much rather develop this.

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Okay. Thank you, Mr. Freeman. Mr. Chairman, I have no further questions.

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Okay. Thank you, Mr. Freeman. Mr. Chairman, I have no further questions.

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Questions from the board?

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Thank you. Questions or comments from our attorney, Hillary Emerson?

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

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Planning Commission.

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Thank you, Chair Bergman. Good afternoon. David Fecto with the City Planning Commission.

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Chair and board members, the comprehensive plan recommends no change to the CMX-5 commercial mixed use zoning at this location.

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The current lot does not comply with the code's landscaping, reservoir spaces, or bicycle parking requirements.

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The City Planning Commission recommends the board grant the proposed use variants for non-accessory parking and the minimum number of reservoir spaces, but deny the variances for landscaping and bicycle parking.

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Thank you.

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Number seven, MI 2023, 006-926, 800-Marketreet, I vote yes.

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With proviso, three-year temporary variance expires 3-6-27.

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Thomas Holloman, my vote is yes, with proviso.

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Ishmael Shahi, my vote is yes, with proviso.

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Thank you, counsel.

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14, 13, 15, 16, number 17, MI 2023 003 746 8200 to 22 East Roosevelt Boulevard.

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Letter of support from Mr. Chair, I'm sorry, we skipped number 15.

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There was a request for continuance, but we decided to hear it and hold it.

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Oh, that's right. You're right. I'm sorry.

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MI 2022 003 757 2024 to 38 North 22nd Street.

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Vern Anastasio is the attorney.

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there's a letter of support from St. Elizabeth's RCO

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letter of support from 32nd Ward Executive Committee, letter of support from

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Senator Sharif Street

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Mr. Anastasio

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Good afternoon Mr. Chair, Vern Anastasio here

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A-N-A-S-T-A-S-I-O

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Could you identify your client and relationship to this property?

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Yes, sir.

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TPP Capital Holdings and Mr. Anthony Mott.

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Okay.

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And our vice chair has a few questions.

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Thank you.

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Good afternoon, counsel.

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Do you agree to wait for the reading of the refusal or stipulate to his accuracy?

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I do.

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Have you emailed then all the required documents and exhibits?

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Do you proceed with this case five days in advance of this hearing?

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i have thank you council please proceed to share your screen thank you sir mr chair uh we're

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talking about 2024-2028 north 22nd street this is for specifically um a mission-based development

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for 55-plus senior living.

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52% of the units will be qualifying as affordable.

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48% of them will be market rate.

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We'll have seven studios at 60% AMI,

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55 studios at 90% AMI,

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two studios at market rate,

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and 56 one-bedroom units at market rate.

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As I believe you've noted, and I've sent over two separate exhibit packets.

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I'm working through the first one right now.

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It's a 90-page exhibit packet.

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We have overwhelming community support for this project for senior housing.

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We have two letters that we move into evidence from St. Elizabeth RCO.

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We have one letter from the 32nd Ward, and we have a support letter from Senator Sharif Street.

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In addition, we have a letter from former president of Philadelphia City Council, Darryl Clark, all in support of TPP Capital Holdings.

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We all know that senior housing isn't necessarily a part of the code.

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So how do we ensure that that will happen?

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we are working and have worked out

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with a deed restriction

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part of the exhibit

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Part of the exhibit packet that we present today has a used covenant that will run with the land

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packet that we present today

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has a

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that will be executed by my client. In fact, my client wanted to execute it before this hearing.

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But unfortunately, the law department, I believe, communicated to them that we need to secure this

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zoning prior to being able to execute the commercial space that's proposed on the first

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floor will be a use agreed upon and through collaboration with the RCOs and the ownership

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because ownership will be taking a full responsibility for that as well.

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I'm going to show you some renderings here and then we'll get into some more of it. This is a

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milestone development, Mr. Chair, with offering a new type of product for 55-plus living in the

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city of Philadelphia. It's a state-of-the-art facility with an innovative layout, fully furnished,

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mission-based living. And today, currently, and having some experience personally with older

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parents, when you're looking for senior housing, you've got two ends of the spectrum in Philadelphia.

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It's a watermark at six, seven, eight thousand dollars a month or housing for the desperately poor and indigent.

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Very little for workforce, middle class housing that is affordable, that is quality, that's reliable and is run correctly.

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And we're going to talk about the the rents and how that works.

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But these are below market rate, 52 percent of them.

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where for under $1,800, you're getting a one-bedroom unit,

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and the size of these are going to be compatible with what a senior resident would be able to, in fact, occupy and afford.

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Freddie Mac Financing is the product for this particular property and development.

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And for affordable and workforce housing with Freddie Mac, they require any developer to provide a City of Philadelphia deed restriction for 10% of the total units to be subject to rent and income restrictions.

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Our development team made a decision to go well beyond that. Again, 52% of our units will be provided with no subsidy, by the way. We also have two other proposed similar senior housing projects, 55 plus, that will come before the board in the next four months in the nice town, Tioga neighborhood.

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neighborhood. With that, I want to show you some of the interiors, and we're going to

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have AJ Riley called as my first witness today to talk more about this. But just to show

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you, we have here, we shared roof access, interior courtyard,

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full landscaping on the outside as well and the exterior

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that's a shot from across the street

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there's another corner

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i want to show you existing conditions

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talking about right here this old building right here as you can see

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based on the condition of this particular building and the

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vacant lots both on that same side of the street and across the street

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We've got a block that needs some, you know, needs a little bit of love.

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And I'm going to show you some more pictures.

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Bear with me.

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My client will testify second to how he came upon this property.

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They actually actively sought him out to redevelop this space.

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And this is what we're dealing with right now.

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Here's the proof of posting that was posted by my client.

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And these photos that I've just showed you of existing conditions, they are evidence and they are submitted as evidence of significant lack of much needed density on the street, a significant lack of activity on the sidewalk.

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And these photos that I've just showed you.

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and sits between the Raymond Rosen Community Center and the Frederick Douglass Mastery Charter School.

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So this would be an integral part of that neighborhood development to connect those two significant touch points in the community

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and fill up an otherwise hungry block for some amenities, for some activity, and for some density.

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Here's the community letter that was sent to the neighbors, at least one of them.

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And as I told you, we had a couple meetings with the St. Elizabeth,

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And there are two letters generated from that particular RCO, plus a letter from the 32nd Ward in full support.

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During the process, we met with the CDR more than once.

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And there are two pages of changes to the design of the project that Mr. Riley will get into and testify to as well.

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and now i want to come up to

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why we're really here the refusal and i want to get tackle these if you don't mind uh first of

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all the 14803 is the fact that our parking and we do have off street parking both for cars

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and bicycle parking. Our parking is not accessible from a shared driveway, alley, or rear street.

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And that's simply as a result of the orientation of the lot itself.

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It sets one parcel off the corner and the orientation of the building, which we flipped

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as a result of consultation with President Clark last year. So we flipped the entire orientation

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of the building based on his recommendation. For those two reasons, primarily the first,

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it's just impractical, impossible actually, to have any sort of access from a shared driveway

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alley or rear street. The other 14502 variance of refusal is the vacant commercial space. Now,

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While it's prohibited in RM1, which this is, it's designed to deliver amenities to the neighbors.

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