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Hearing video

ZBA Hearing - September 1, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 1, 20205h 27m

We're really asking for two small variances that we don't think are that intrusive to the neighborhood.

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But they are necessary for the kind of impactful building that we think we're going to bring there.

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And there is a bit of a time crunch in that we've got opportunity zone issues that need to be up and ready by the end of the year,

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in addition to the tax abatement and an increase in taxes that are facing us at the end of 2020.

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Thank you.

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Thank you, Mr. Laird.

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Um, Mr. Smith, can you raise your hand?

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He's available to unmute himself.

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I'm here.

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Can you hear me?

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Oh, yes.

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Uh, my apologies.

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Um, Mr. Smith, could you first tell the board?

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Please let him identify himself.

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Oh, I'm sorry.

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Hi, my name is Tide Smith.

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Uh, I live at 1509 Nardane Street, Philadelphia, PA, 19146.

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146 and you uh swear and affirm to tell the truth the whole truth and nothing but the truth

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i do please proceed uh steve do you have a direct question for me if you'd like me to

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i'm sorry yeah i was just going to ask if you can um you already introduced yourself i'm going to ask

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if you can just uh explain the board uh your background and then what the intent and vision

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is for this property and this project thank you so i'm a third generation philadelphia and i

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In my adolescence, I lived at 52nd and Chancellor.

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I used to commute from 52nd and Market.

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I've been a real estate developer for approximately seven years,

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and I've worked for myself since 1999.

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So I'm fortunate enough to be a serial entrepreneur,

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and I'm passionate about black and brown business ownership.

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I believe it is the key to fiscal destiny,

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and I'm passionate about bringing some of the benefits

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the benefits that I've been fortunate enough to create to West Philadelphia and for this project

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that I've been fortunate enough to create to West Philadelphia.

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here.

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And.

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the density and the transformative energy we need to create for the entrepreneurship hub that we

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envision the height and the size of the building is really important. I believe that if we were

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limited to what some naysayers would like us to be beholden to it will be difficult for Guy and I

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to achieve what what we would like to do because the numbers just don't work um yeah that that's my

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perspective thank you mr land uh members of the board i so i i'd just like to circle back um as

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i stated we have made um good faith efforts to um engage with the community members the rcos

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those, as I stated before we got into the substance of the variance request, that we

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have been in open communication and that there were requests made of certain items, and we

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have agreed to some of those items, which include providing quarterly updates to a community

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advisory board providing access to the courtyard and meeting rooms for through community programming

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having at least two career fairs for the community providing individual capacity building

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through what what is called the if lab which is a program that's going to be housed at the

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entrepreneurship hub and to make good efforts to maximize the utilization of black subcontractors

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and during the construction phase um and lastly we um agreed that um we would have we would not

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be opposed to providing a mural on the side of the building where you see i believe i'm still

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sharing um where you see here um on the wall facing arch street now there there was a request

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for us to reduce the either the building height or set back the fourth and fifth floor to reduce

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the massing and those were two requests the dimensional crest that we stated that we could

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could not accommodate excuse me due to the reasons that were just explained by Mr. Smith and Mr.

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um loren and i believe the letters that were sent to the board were uh requesting the continuance

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or something that a continuance i believe it was 30 to 60 days um to address that issue in 30 days

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or 60 days our position on that specific issue isn't going to change um because of the vision

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of this project. So because we feel like we've made some headway with agreeing to some of

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these things that we fall in line with the vision of the project anyway, we're vehemently

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opposed to any type of continuance, and we believe that this project fits in line with

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the vision of revitalizing the commercial corridor on 52nd Street, and as such, ask

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for the board to approve our variance request um thank you now did you say mentioned earlier in

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your testimony that there was uh there were one or two whatever i forgot how you phrased it

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outstanding issues and is that the issue on the setback or were there other community benefit

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issues you mentioned something about community so those were the issues so in the when i read

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the letters uh it seems like the massing um was the it's like the size of the building is the

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issue that they uh that the members or the community rco leaders want to change or defer

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uh discuss further um and so our position is a continuance is not going to solve that problem

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because that's the one that's one of the issues where we um couldn't make a concession on um all

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of the other issues that I listed earlier, we agree to, but that is the one that we can't agree

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to due to the vision and what we want to do with the space. So there are no outstanding issues as

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it relates to the community benefits agreement? Oh, I can't. That's my question. Are there still

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outstanding issues as it relates to the community benefits agreement not i'm not discussing the height

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or massive oh i see we re so we've responded to every uh they sent us a list of items um or

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i don't want to mischaracterize what they call them but uh items or key priorities i think was

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uh items or key priorities i think was was how it's phrased and we responded to each one so our

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was how it's phrased and

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position is there's no outstanding issue that we haven't discussed because they we we prompted them

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after the second community meeting and after the the uh phone conference that took place after the

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second meeting to send us the issues that you have or the concerns and we responded to all of them so

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our position is that there isn't any outstanding issue that wasn't brought up because the the ones

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that were on the table were supplied by uh them because i'm getting some mixed signals i i i could

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be wrong is anyone if there's anyone from the councilwoman's office if anyone is from her office

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would you please raise your hand i have one hand up uh tempest carter i don't know if she is

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hi i'm the council person's office i'm not but i am um the head of the rco um the major rco for

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achievability all right so uh since there's no one from the councilwoman's office i'll get into

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that next but please identify yourself for the record ma'am hello my name is name and address

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my name is tempest carter t-e-m-p-e-s-t c-a-r-t-e-r 4816 pine street um is my address

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we're infirm to tell the truth the whole truth and nothing but the truth i do

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please proceed i do so um the question was were there any other outstanding issues

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they answered every question that we had it's not that we agreed with some of the answers that they

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that they provided um the achievability um and the rest of the stakeholders agree with the intent

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and the virtue of the project, right? So we're not against that. However, we are really having

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a lot of issues right now with mass incising. Right now, the only outstanding issue in the

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community benefits agreement was working with the coordinating organization that has a TCMP grant

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and does economic development along the corridor which they refuse to do however i believe in time

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you know informally they will work together but that was one thing that was part of the community

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benefits agreement that was um that was a rejection we also didn't ask for a mural um

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we appreciate that they that they offered that but from our point of view um both from a stakeholder

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point of view and an RCO point of view we haven't actually gotten any idea as to why they cannot

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step back um any of you know the the um third the fourth and the fifth floor um we've asked for

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pricing for how how much the um the of the i the space will be leased for we haven't been able to

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get that those numbers we only were able to get very basic numbers on price per square footage

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so from our perspective the um the idea that this is a financial hardship to not set back

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to be more in line with the character of the community in which they they will be a part of

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hasn't actually been met so that's the major issue right now we we are really excited to

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continue to work with them. But if it won't move forward without a vote, I think that'll be up to

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the ZBA to decide where they want to go with that. This is Sharon Saleta. Hello. We did receive a

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letter this morning from Andrew Goodman. Yes. Of Councilwoman Gauthier's office that did include

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comments on 52nd Street on this project. Would you like me to read them into the record?

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Yes, please.

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The variance thought is a substantial one and, if granted, will permanently affect the look and feel of this neighborhood commercial corridor,

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as well as set a precedent for future development when it comes to scale and mass.

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Many legitimate concerns about this were raised during community conversation,

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and we think the project and the community will benefit from more time to work through how this impact can be mitigated.

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Our office can commit to help facilitate this between now and the vote date,

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And they are asking that the board postponements vote on the variance application for four weeks, leaving public comment open.

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Okay, is there anyone else who wishes to testify in this case? If so, please raise your hand.

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mr chairman if there's i'm muted

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Mr. Chairman, if there's... I'm muted.

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anyone else to testify in this case i have willie jordan willie you can unmute yourself and wait to

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be sworn in mr jordan please identify yourself name and address thank you mr chairman willie

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jordan w-i-l-l-i-e j-o-r-d-a-n 5021 ogden street philadelphia pennsylvania 19139

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We're infirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you, Mr. Jordan.

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Please proceed.

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We thank this opportunity, but we want to set the record clear because Brother Steve even made it clear.

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Although there were two meetings, the first meeting really don't count because it wasn't done in a proper way.

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It wasn't notified to all the proper people.

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So that shouldn't even be part of saying we had two votes, two meetings.

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and also that to combine yes with concerns they want to just put them in

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the yes column column and not in the no column so we're trying to address the

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concerns that the community have brought to our attention so that everyone can be

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on the right page on this so in at each time has been a high number of yes but

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with concerns and those concerns are some in it are in the community agreement a document

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this is a uh as as we sent a letter and as a state um from the council person's office that

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this will change the whole uh dynamics of 52nd street this large building so if we want if once

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we do that and then it will open up to a lot of other um uh ventures that want to do that

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so we want to get it right we're not trying to hinder or or even uh um permit them from not

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having a good project that we think will benefit the community we just want to be on the right page

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mr chairman anyone else wishes to testify please raise your hand if i could just respond to uh

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Just two statements that I made. First, I just want to clarify the numbers, and I can outline them again, but the numbers that I represented on the record broke down the percentage for yes votes, yes with changes votes, and no votes.

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I did not combine yes votes and yes with changes votes.

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I've kept those separate.

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And in both meetings, the yes votes outweighed the yes with changes votes.

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As I stated before, in the first meeting, the yes votes were 62%.

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The yes with changes votes were 24%.

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And just the straight no votes were 14%.

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um in the second meeting the just yes votes were 48 percent and the yes would changes votes were

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26 percent and then there were no votes of that one as well that were 26 percent and i just wanted

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to highlight that both the issues the issues of mashing were brought up in in both meetings um

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they were brought up in both meetings and then they were also discussed at uh they were brought

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up in the subsequent meeting that wasn't an RCO meeting, but it was a meeting with like

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the RCO heads that was organized by Mr. Goodman and the councilwoman's office. So

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massing was a was an item that was discussed all throughout this process at every meeting

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and every discussion and then the votes were had with that information. I just wanted to be clear

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on that um but i'll allow you to uh mr chairman i'll that's the end of my response but i believe

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there are other people that may want to testify thank you anyone else who wishes to testify in

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this case please raise your hand we have a michael jones michael you can unmute yourself and wait to

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be sworn in the jones please identify yourself your name and address

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Michael Johns.

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Hello.

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Hello.

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Can you hear me?

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Yes, we can.

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Please identify yourself.

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Name and address.

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Michael Johns, J-O-H-N-S.

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Address is 228 North 53rd Street.

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You swear and affirm to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Thank you.

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Please proceed.

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I just want to read a letter into the record.

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Dear Chairperson Chico and board members, I'm requesting the zoning board to hold the

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vote for this application for at least four weeks from this hearing date.

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for this application for at least four weeks from this hearing date. This project represents the

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most significant new construction initiative proposed for the north 52nd street commercial

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corridor generations and as such it is in the unique position to permanently change the form

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character and public realm of the corridor. What is decided on this project in terms of mass and bulk

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will ultimately become a precedent for future development along the corridor for this reason

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more time must be given for the developer to work on the concerns raised regarding the proposed

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buildings height materiality and relationship to the existing architectural rhythm of the corridor

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as a member of philadelphia's former zoning code reform commission some of our core tenants were

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to protect neighborhood character promote economic growth and to include new land use trends

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in the updated code and as current member of the civic design review committee in philadelphia

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i am passion i passionately believe that the form and design control set in the zoning code

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help to preserve neighborhood character and make the public realm more hospitable it is clear to me

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that this project has the opportunity and potential to effectively address these core

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tenets. I am hopeful that the developer will take the additional time requested

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to make this a truly spectacular project that can be a best practices model for how to rebuild

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and revitalize an aging urban commercial corridor. Finally, as a lifelong resident and small business

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owner of this what's philadelphia neighborhood i welcome the positive change that this project

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if done right can promote respectably respectfully michael johns thank you thank you very much

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thank you mr bertell do you have any comment yes so uh mr johns and mr jordan were on the

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excuse me my apologies uh were on the the phone the phone conference that i referred earlier that

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took place subsequent to second uh rco meeting as uh representatives of i believe the 44th ward

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uh rco um and the request uh we're not unfamiliar with their request for reduction in massing um

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And I believe, as I said before, that Mr. Johns also voiced his position on the massing of the building at the second RCO hearing.

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His position was heard.

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