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Hearing video

ZBA Hearing - July 16, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 16, 20242h 16m

However, over time, the site has become vacant, thus opening up the potential for new mixed-use development.

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Again, I think, again, this further shows a consistency with the planning thrust in the city.

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Second, based on the policies of the city's comprehensive plan, the zoning code specifically states that the recommendations of that plan shall be considered by the commission and zoning board as a factor in making any decision on a zoning permit application on a topic covered by the adopted plan.

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So, you know, obviously it's a charge to the board to take into consideration, very serious consideration, the planning policies that have been established.

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The variance for use.

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This requested variance is to permit residential and limited commercial development in an industrial zone.

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And a comparative situation exists just south of the project at 3750 78 Main Street, the Bridge 5 Condominium.

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You may be familiar with that.

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It's a seven-story building containing 60 dwelling units, zoned ICMX, which is similar to the zoning of the proposed project for 3900 Main Street.

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So we have a nice comparative situation here.

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Here's a photograph of Bridge 5 Condominium.

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just down the street so approval of the use variance in my view would be consistent with

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a contemporary evolving land use pattern in this part of main street it would also be consistent

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with the land use policies as previously described from the city's comprehensive plan

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the lower northwest district plan and the current thrust of the wissahick and gateway planning

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to encourage a mixed-use area.

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The variance for height.

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And I looked at this, and I had a little smile on my face

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because height has always been, when I've dealt with zoning issues in the past,

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has always been one of those judgment call variables, if you will.

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What's too high?

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What is too high?

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But I'd like to think of it more in the context of scale.

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What is the scale that's being proposed?

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And does that scale seem to be somewhat compatible with what may be around it?

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Or how the land use is changing over time?

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So the height requirement to increase the building level, I think,

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is a perfectly consistent and reasonable variance

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to grant in this situation.

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Setback.

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Well, setback would, as required

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under the existing regulations in the zoning code,

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would obviously, and I think Mr. Labor

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made this point rather clearly,

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would effectively render the site undevelopable.

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Let me just interject parenthetically that the zoning requirements and most standard zoning codes, including the city of Philadelphia, are really arbitrary standards.

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They developed over time, not based upon any kind of scientific calculation or judgment.

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They were just simply numbers that literally were pulled out of the sky.

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There's a new effort that's been circulating in planning and design circles over the last several decades.

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That's called urban form zoning.

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or looking at more traditional approaches to design a site based upon

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approaches to design a site based upon specific design parameters, rather than simply applying

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mathematical numbers. And I think the setback is a clear example of that.

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It's also important, I think, to be aware that any development on this site will be subject to

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flooding regardless of the setback requirement so anything that's going to happen here in the future

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even if it does comply with the the prescriptions for setback height use etc in the zoning code

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they're going to have to be dealing with with flooding and i think the again as i mentioned

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earlier and mr labor did point out the the flooding mitigation program or plans really

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give an assurance that this site will be developed sensitively and will provide a reasonable

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location for people to live so what i conclude is that as a result meeting the arbitrary

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mathematical standards of the zoning code for setback usurps creative development and

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would perpetuate a hardship for any potential development, whether it's this project or

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another project.

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Next slide, please.

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So in order to address the flooding issue, the applicant has submitted a hardship diagram

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that shows, again, the dimensional relationship between the allowable building area, the land

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areas within the setback and the floodway and mr labor has already covered that to some degree

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next slide please

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so my conclusion is that a proposed mixed use development for this site at 3900 main street

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could not happen without the request of variances

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any development would in all probability face the same challenge

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The physical configuration of this narrow rectangular site does have development potential, but it's really going to require design creativity.

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I think this proposed project does meet that goal, and I think it would be a socially and economically viable land use for Mania.

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Now, Mr. Labour, in giving you some of my credentials, indicate that I'm a professor.

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Well, as a professor, I give grades all the time.

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How many have I given in the past?

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I can't count that high.

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If I had to grade this project, I would give it an A.

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Thank you, Mr. Chairman and members of the board.

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Thank you, Dr. Cohen.

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I'd like to move quickly to promote Dr. Peter Angelides as a panelist, please.

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He will be giving a very brief economic impact analysis.

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Dr. Angelides, please raise your virtual hand for panelist purposes.

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Mr. Labor, before we go on, Bridgeview, did I see that's 90 feet?

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Yes, yes, Mr. Chairman.

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Thank you.

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Certainly.

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Peter Angelides has been promoted to panelists.

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

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Yes, here I am. My name is Peter Angelides.

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Peter, P-E-T-E-R, last name A-N-G-E-L-I-D-E-S.

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

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I do.

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Please proceed, counsel.

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Thank you.

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Good morning, Dr. Angelides.

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In the interest of time, would you please provide a high points overview of your findings

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regarding the tax and economic impact of the proposed development at 3900 Main Street?

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Certainly I will.

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And these are based on the plans as provided, which I think the board has heard today.

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The development cost is estimated to be approximately $45 million.

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And I have calculated several types of benefits.

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The quick overview, I've looked at property taxes, wage taxes, both from the perspective

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of the building operating for the next 50 years.

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I've also looked at construction benefits

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and the benefits of operations of economic activity

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going on inside the building

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and a broader, what are the benefits

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to the broader community?

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So property tax, the property tax will come

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as from any construction,

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a property tax is based on the value of the improvements,

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Based on comparable properties, the value, we estimate that the assessed value of the

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We estimate that the assessed value of the improvements will be approximately $39 million.

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In other words, that's what the assessor will come along and assess it for.

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That's the value of the improvements above the current value of the land.

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This property is subject to the tax abatement, and it's a new construction tax abatement.

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And so it starts in year one at 100% and goes down 10% every year to year 11 after the building opens when there's no more abatement.

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In the first year, as you can see on the sheet, and also really year two, the first year of taxes, the property will generate approximately $53,000 in taxes, 24,000 of which will go to the city and 29,000 of which will go to the school district.

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excuse me yes uh this is uh commissioner gaston um i'm sorry i can't see this um can we make it a

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little larger uh let me see uh member gaston uh bear with me yes that's better and i'm going to

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you you can direct me if you want me to be more specific but i'm going to go down to this analysis

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here no no it's fine I just couldn't yeah I just couldn't um really thank you there you go and then

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you can see at the the very last line um above the above the horizontal uh black line um the

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the school district the 240,000 uh and I'm a little bit to your left please um there you go

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240,000 is the annual property tax to the uh city 291,000 is the annual property tax to the

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school district for a total of about $532,000 in property tax, essentially forever. Once the

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abatement rolls off, it'll be more than a half a million dollars of property tax to the city and

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school district combined every year. And in the first 11 years, it'll be a total of $2.9 million

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of property tax. Now I'm going to turn to the wage tax. So the property tax is from the building

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itself, but since it's a multifamily residential building, it will have people living in it,

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households living in it, and those households will be earning an income.

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And in order to be able to afford the projected rents for the building, they will need to

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have in total a little more than $11 million in income collectively in order to be able to afford

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the units that they're in. And that the wage tax rate of 3.75%, which you see there, that translates

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into a little more than $400,000, $420,000 of wage tax to the city every year. And I think that is a

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very conservative estimate because basically we're assuming that everybody buys the most expensive

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apartment, rents the most expensive apartment that they can. But in reality, there'll be several

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households here who have significantly greater incomes than the rents would imply. So I actually

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would expect the wage tax numbers to be greater than that. And those wage tax numbers begin

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essentially on day one. As soon as people start moving in, that becomes their home address and

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And they pay wage tax to the city on that basis.

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In addition, and Adam, if you can pull out just a tiny bit to, I think, the beginning of, or the bottom part of page five.

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No, I'm sorry.

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I take that back.

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Page six, the middle part of page six.

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Yeah, that's it.

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this refers to sort of the economic activity that gets generated from the building itself,

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not from the property tax and not from the tax of the people living there, but from the actual

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construction of the property. That's a one-time impact, but it will generate more than 400

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full-time equivalent jobs. It'll generate approximately $24.7 million in wages and a total

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of $1.4 million in taxes. So that's all economic benefit that comes from the development of the

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project. And Adam, if you could pull back just a tiny bit, it's very difficult to see.

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the that's good that should be good um and so there you see the the uh total of 67 million

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dollars in output generally 407 000 207 um jobs essentially from the construction of the project

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jobs, essentially, from the construction of the project. And that includes people working on the

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and that includes people working on the project

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project itself, but also people who work in the city of Philadelphia who are supplying materials

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It's a good thing.

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and goods, subcontractors and whatever, but all within the city of Philadelphia, more than 400,

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more than 400 full-time equivalent jobs, just from the construction of the project itself.

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And then, Adam, if you go to the top of the next page, there's a similar chart that you,

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It's at the top of the page you're on right now.

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There it is.

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And this concerns the annual operations of the building.

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So people will be working in the building, both at the front desk, maintenance, and also the folks who are relocating their offices there.

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And that, again, is almost $5 billion of output a year, 26 jobs, both in the building and in nearby areas that provide inputs to the workers in the building, and more than a million dollars in wages every year, and a total of $80,000 thereabouts in taxes to the city.

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So that that in contrast to my Mr. Cohen, my predecessor, that's an awful lot of numbers.

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And I'm going through them very quickly. And they're they're all in the report.

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But that some is there are substantial financial benefits to the city and school district from this that I've enumerated.

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And then there are moving away from the numbers, other benefits to the community that come from this.

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And this building is in the commercial core or near the commercial core of Mani Yonk and also near the Wissahican Transportation Center.

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So residents here will go to the businesses in Mani Yonk and support them.

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There are 115 units.

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That's more than 150, 160 new residents living there and another dozen or so people working in the building.

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So we're talking a substantial number of people who can now go to Mani Yonkin, you know, buy cheesesteaks or soda pop or whatever it is that is provided in the neighborhood.

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And these folks can now patronize and otherwise they wouldn't be able to because they wouldn't be there.

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In addition, the project provides support for the riverfront access or the riverfront trail.

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will support the public transit network because it's quite close to train stations and bus stops.

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And in addition, overall, pulling the camera way back, this is an increase in housing supply

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for the city of Philadelphia in general. It contributes to Mayor Parker's goal of adding

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many thousands of new units. And this is a direct way of doing that. And that concludes

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my testimony. Thank you, Dr. Angelides. Mr. Chairman and members of the board, I'm just

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about finished. A few minutes. I'd like to, you've heard a lot this morning, but I wanted to share

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with you the support letter which has been submitted to the board from the immediately

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impacted across the street owner of 3901 Main Street, noting that his property is situated

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directly across the street and supports the project.

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We have support from nearby 3715 Main Street,

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noting that the lower Main Street has not experienced

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the level of investment and intention as the commercial core

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of Mount Young's much-beloved Main Street.

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Similar expression of support from the Little Woods

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at 4045 Main Street.

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And as noted at the start of the hearing,

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There is support for the project from minority-owned businesses that would benefit from participation in this amazing project and others who don't not only that support,

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but speak to the reputation of working with Michael and the place that he holds in the community for being a good partner.

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And finally, there is an expression of a commitment, which is, as you see, signed off on by Ahmed Michael Al-Haddad to a minimum of 20% MBE participation in construction and a minimum of 5% affordability at the subject property based on 60% AMI,

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based on 60% AMI, which is not required and just speaks to Michael's commitment and the way that

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which is

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he seeks to build in communities. Mr. Chairman and members of the board, the authorization of

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variance relief will not alter the character of the neighborhood or district or be detrimental

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to the public welfare. The proposal fits into the surrounding neighborhood as evidenced by the

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district council members' enthusiastic support, in addition to other expressions of support.

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This all speaks to the granting of relief being of benefit to the public and within the spirit

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of the code. The proposed variance would represent the minimum variance to afford relief and will

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represent the least modification possible of the regulations at issue to permit a reasonable use

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of a burdened property. I know you're going to hear otherwise on this issue that I've just

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mentioned. We took extra time today to provide the data for you and the analysis of the experts

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to go to the heart of the refusals and speak to the criteria that this Zoning Board reviews.

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The grant of variance relief will not substantially increase congestion in the public streets,

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