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Hearing video

ZBA Hearing - July 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 10, 20246h 23m

philadelphia pennsylvania you swear a firm to tell the truth the whole truth and nothing but

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the truth i do could you identify your client the relationship to this property yes it's new

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our our vice chair has just a few questions absolutely good afternoon council do you agree

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to waive the written of the refusal or stipulate to his accuracy i do mr shane thank you have you

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emailed in all the required documents and exhibits that is needed to proceed with this case five days

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in advance of this hearing i did thank you council please proceed and share your screen thank you so

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much, members of the board. I'm not going to go through all of our exhibits, but I would like to

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highlight number three. So the subject property, which has been the subject of many zoning board

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hearings over the years, is zoned RSA-5. We've heard a lot of RSA-5s today. This is the site of

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the former Eastern Psychiatric Hospital Complex, which was acquired by New Cortland a number of years ago.

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which was acquired by New Cortland a number of years ago and has been the subject of a very creative and effective adaptive reuse,

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which I'll describe in a little more detail in a second.

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If we go to Exhibit 3, which is before you, you can see that it's a very large site, about 600,000 square feet of lot area.

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It's bounded by Henry Avenue.

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It's bounded by railroad tracks, and it's also then bounded by the Roosevelt Extension Expressway.

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Access to the property is through Henry Avenue.

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It is improved by two structures, basically, for a total of 342,000 square feet of building area.

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It's a tower portion that consists of about 232,000 square feet.

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And the pavilion portion in white, as you can see, about 110,000 square feet.

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There is significant parking on site, as you can see from the aerial, supportive of the uses and operations.

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78 vehicles, 20 accessible. There are 176 dwelling units in total, broken down as follows. 40 senior assisted units. These are tax credit supported senior affordable. And then 136 market rate housing units.

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There is a life center within the property currently operating supportive of the community, not only the residents, but the catchment.

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And the property also consists of a number of commercial units that will be accessory and supportive to the residents,

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as well as the professional operations that are going to go on here, that are going on here,

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I should say. The Zoning Board approved the adaptive reuse back in 2017. We've been to the

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board on a number of occasions for modifications of the original approval leading up to today.

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We come back to the board because it's zoned RSA 5, and virtually any change in terms of use will require zoning board relief.

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Today is a good example of that.

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So what are we doing today?

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Let's go to the existing photographs, Marty, please.

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This gives you street-level views quickly of the complex.

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These are interior photographs of the space that we're going to be speaking of in a moment.

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This was requested earlier today, and it shows the shell space where the administrative offices will be located.

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So the application today requests use of this area located on the first floor of the building

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as administrative offices for InnoVage.

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InnoVage is an operator of supportive health care services in the building

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as well as throughout Philadelphia.

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They're national in scope, and they provide health and social services programming for seniors.

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this operation will be administrative only there will not be patient care that's in another section

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previously approved on the building it will be staffed by 10 permanent employees 10 roving

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employees hours of operation will be Monday through Friday 7 30 a.m. to 5 30 p.m. I would

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submit to the board that the proposed use, which will contain approximately 3,000 square feet

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roughly, will be compatible with the overall lot as well as the operation of the property

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as I've described it. The use is clearly accessory. It's supportive of the

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Life Center. But more importantly, it will allow for Innovage to have a central location

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to do their administrative functions. Hardship? We can't conform to RSA 5. We never could.

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The building as configured is institutional. It's now mixed use. And any ability to conform

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And any ability to conform to RSA 5 single family is impossible.

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to RSA 5 single families.

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The configuration of the property is such that it lends itself to this use.

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This use is internal, completely internal.

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It is not visible.

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It's not a public use.

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And therefore, it will have an innocuous impact on the public.

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It is the least modification to allow for the overall approved uses to function, to alleviate the hardship.

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It's a diminutive amount of space compared to the 3,000 versus 342,000 square feet.

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It is certainly compatible with surrounding uses.

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you can see from the overall aerials and sight shots, most of the properties on this side

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of Henry Avenue, as well as on the expressway side, are institutional. So with that, I would

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suggest to the board that this is a use that should be readily supported through variants.

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We've met with the community. They were, as the chair indicated, wholly supportive

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of this application, and we hope you will be as well. Happy to answer any questions you may have.

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I can have my client, Mr. Chair, value it. Why don't you have your client come on to adopt

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your testimony? I'm going to call up John Unger, please. John Unger has been allowed to speak.

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Sir, could you please state your name as spelled for the course sonographer?

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John Unger, J-O-H-N-U-N-G-A-R.

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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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So, Mr. Unger, you've heard my testimony and description of this application today.

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Is that correct?

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Yes, I have.

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You heard the whole presentation?

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Yes, I did.

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You stayed through the entire hearing, didn't you?

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I did.

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It was fascinating.

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From 2 o'clock on.

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Yep.

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The information that I provided to the board, is it true and accurate to the best of your knowledge?

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Yes, it is.

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And would you adopt that testimony as your own if you were to make it yourself?

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Yes, I would.

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I have nothing further from Mr.

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Questions from the board?

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No, Chair.

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No, Chair.

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No questions.

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Does someone have a question?

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all right questions from our attorney

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no chair questions or comments from the virtual audience

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there are no hands here any commission thank you chair bergman good afternoon david vecto with the

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city planning commission chairman and board members the comprehensive plan recommends a

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change in zoning at this location from rsa5 residential single family to rmx3 residential

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mixed use. The property is a large multi-story senior complex. RMX-3 would allow offices by

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right. The City Planning Commission recommends that the board grant their proposed use variants

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for a business and professional office. Thank you. Mr. Kelson, STE period one, what is that?

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It's suite number one. Okay, good, good. Thank you. So MI 2024-002-262-3232 Henry Avenue,

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suite number one i vote yes my vote is yes michael johns my vote is yes

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it's not a gram my vote is yes i am when my vote is yes james snell my vote is yes

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thank you very very much mr kelson thank you stay cool all right number 17 mi 2024

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MI 2024-002-531-1600 to 16 North 9th Street.

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Augusta O'Neill is the attorney.

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Augusta O'Neill has been promoted chair.

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Okay.

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unclear recommendation of north central east rco vote with six in support one opposed six

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undecided letter of non-opposition from the council member young

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hi good afternoon could you say your name good could you state your name and spell for the

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court stenographer sure augusta o'neill a-u-g-u-s-t-a my last name is spelled o-n-e-i-l-l

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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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I do.

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Could you identify your client in relationship to this property?

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for my client is fe oxford llc they're the owner of the property our vice chair has just

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Sure. My client is F.E. Oxford LLC. They're the owner of the property.

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Our vice chair.

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questions for you good afternoon council do you agree to read another refusal or stipulate to

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its accuracy i do have you emailed in all the required documents and exhibits that is needed

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to proceed with this case five days in advance of this hearing i did thank you council please

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proceed and share your screen thank you so much um chairman i just wanted to know i believe at

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At the beginning, when I was still trying to join in as a panelist, you said that there was a letter.

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It wasn't clear if there was a letter.

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So it says here, it says here, unclear recommendation, North Central East RCO.

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Well, it was six in support, one in opposed and one undecided.

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But there's a letter of non-opposition from Council Member Young.

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Got it.

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Okay.

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I just, I believe that the RCO intended to support this application.

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So I just wanted to make sure that the votes were accurate.

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Thank you so much.

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So again, this afternoon, I'm representing the owners of the property at 1600 to 16 North 9th Street and 1618 to 40 North 9th Street.

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There was a corrected refusal that was just sent around this morning, but your board solicitor is in possession of that corrected refusal.

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This property currently is a vacant lot. I provided some pictures of my exhibit package.

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This is just a view of the property looking north, view looking south. As you can see,

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it's just a vacant lot, a little bit trash strewn as a result of being vacant.

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We're proposing to take this lot. They're actually, it's one deeded lot, but two tax

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lots. It looks like there might have been an OPA error. But we're proposing to subdivide the lot

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into 19 lots with the intent to construct 19 single family homes as you can see from the

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refusal it's up on my screen we received three refusals two of which were related to the roof

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decks one was related to the lot sizes the minimum lot area is 1440 square foot square feet we're

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proposing lot sizes that range between 912 square feet and 1 358 square feet but each of the houses

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is going to range between 1,400 to 1,600 square feet of living space. This property is zoned RM1

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based on the lot size. If we were to construct a multifamily building, by my math, we would be

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permitted to have 55 units. So clearly the 19 single-family homes is a much less intense use

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than what the property could be used for, what it's zoned for across the street from this lot.

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there is a multifamily building with over 100 units. Again, the lots average in size between

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912 square feet to 1,358 square feet. We're asking for the variance related to the lot size,

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but given that the required lot size is 1,440, I would submit to the board that the

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dimensional variance that we're seeking is fairly de minimis. There are two overlays in this

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that this property is subject to. Both of those overlays do prohibit roof decks. And I would

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submit to the board that, sorry, this PDF, here we go. Okay. I have an overview of my exhibit

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package, but it did get a little bit pixelated. So I just want to show you a better copy of this

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overlay i'm sorry of this picture as you can see um we are right next to a septal line we're across

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from a um you know just a lot and so i would submit to you that typically the prohibitions

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against roof decks is for purposes of privacy or noise um given the location of the property and

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where it's located across from an apartment building right next to the to the rail line i

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submit that the concerns about noise are not typical here as you would for any other roof

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deck application that was before you. Elevations of what the proposed buildings are going to look

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like appear at page 33 of your exhibit package. Computer gets a little slow with these plans,

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i know we're behind um calendar wise so i'll do my best to to be brief um my client is partnering

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on this project with turn the key um it's a program run by the city the intent of the program

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is to take vacant lots which can frequently be the site of crimes and partner with local developers

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to create housing program information about turn the key can be found at tab four of your exhibit

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package. The program is adding to the city's stock of affordable housing and assisting

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Philadelphia residents to become homeowners. The average monthly mortgage is less than the

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typical average rent for a two-bedroom apartment. The average rent in Philadelphia for a two-bedroom

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typical average rent for a two-bedroom apartment. The average rent in Philadelphia

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is approximately $1,800, probably going to go up late of economic climate. So the program does

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provide participants with the ability to become homeowners, build generational wealth. My client

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did meet with the affected rco for the project the north central east rco um we did receive

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a vote of support because there were six votes of support only one person opposed

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um that letter is provided tab two of your exhibit package chairman as you recited earlier

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there is a letter of non-opposition as well from councilman young um with respect to the

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variance criteria i would submit to the board that the application before you is not going to alter

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the essential character of the neighborhood or impair the use of development or development

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of adjacent property or be detrimental to the public welfare. Again, this is adding to the

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city's stock of affordable housing. It's a less intense use than the multifamily. It's zone four

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would be and is overall providing a positive impact to this area. So with me this afternoon

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is Zach Frankel, as well as Max Frankel. I would ask that they be called forward to adopt my

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testimony. And also on the line is Max Bustos. He's our project engineer. So should the board

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have any questions we're available to answer? Mr. Frankel?

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Mr. Frankel

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Zachary Max

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Mr. Frankel is allowed to speak

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Hi, could you please state your name

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and spell for the court stenographer

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Do we see Mr. Frankel's hand?

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i don't see him anymore uh he's back okay max frankel you are allowed to speak please unmute

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thank you so much uh here like max could you thank you thank you spell your name

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sure m-a-x last name frankel f-r-a-n-k-e-l do you swear or firm to tell the truth the whole truth

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and nothing but the truth i do please proceed counsel good afternoon mr frankel did you have

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to uh hear my testimony this afternoon i did was everything that i said true and accurate

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it is and would you like to adopt my testimony as your own i would thank you

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Can I add one thing?

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Absolutely.

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Sure.

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So a big part of this project, as our attorney mentioned, is affordable housing.

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It is to be noted that this is deed restricted and income restricted affordable housing.

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Thank you.

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Questions from the board.

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