civus
Hearing audio

ZBA Hearing - January 28, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jan 28, 20267h 52m

Emerson our zoning board director Ian Haggerty and our board

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administrator, Lakeisha Dandy. Recording of this hearing will be posted on the ZBA website.

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By participating, you consent to be recorded. This is an in-person meeting with remote capabilities.

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Whether remote or in person, if you're called to speak, you must state and spell your name and then

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wait to be sworn in. Once you've been sworn in, please state your name each time before beginning

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your testimony any person may enter their appearance to become an interested party there

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are three ways identify the case property address in your zoom webinar you can see a staff member

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or you can call the zba appearance line by the close of business tomorrow call 267-270-5548

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leave a message that includes your email address and the address for the property of the appeal

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case the following guidance is for our remote attendees when directed by the chair you must

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raise your hand in order to be recognized to speak if you're called to testify we prompted

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to join as a panelist please accept the request and turn on your camera the webinar q a is for

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questions about the hearing do not comment on the cases in the q a and if you're participating by

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phone press star nine to raise your hand and star six to unmute please refrain for our attendees

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please refrain from talking eating or drinking during the hearings verbal verbal and physical

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aggression will not be tolerated. Restrooms are across from the elevator. Water fountain is just

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down outside the room to the right. When speaking on the record, you must speak directly into the

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microphone in order to be heard by all attendees and the court reporter. In the event of an emergency,

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please follow the directions given over the public address system or by the staff. The main exit is

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through the double doors at the rear of the room. The nearest stairwell is through the left outside

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of the doors in case of an evacuation the rally point is love park directly across heart street

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please remain there so we can account for you let's look at our schedule for this afternoon

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number one mi 2024 003 927 5344 ray street this case is continued

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until 4 29 26 at 2 p.m the cases continue and will be marked must be heard number eight

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mi 2025 005 737 2118 to 34 west norris street cases continued till 4 29 26 at 2 p.m

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any other requests for continuances

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i see no hand to chair we're going to go to our add-on list

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number one mi 2025 006 672 3408 to 50 b street i vote yes with provisos per refusal dated 8 26 25

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and revised plans three pages stamped by zba on january 28th 2026. michael johns my vote is yes

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with provisos cheryl gaston my vote is yes with provisions tenetta graham my vote is yes with

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provisos ryan mcadams my vote is yes with provisos i own my vote is yes with provides

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number two mi 2025 001 083 249 east cambridge street i vote no

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michael johns my vote is no carol gaston my vote is no

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tenetta graham my vote is no ryan mcadams my vote is no ion my vote is no

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number three mi 2025 005 349 1117 north 40 street i vote yes with proviso per amended refusal dated

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123 26. michael johns my vote is yes with proviso

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turtle gaston my vote is yes with proviso tenetta graham my vote is yes with proviso

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ryan mcadams my vote is yes with proviso iowen my vote is yes with proviso

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number four mi2025-005-350-3430 north bodine street

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the vote in this matter has been rescheduled to wednesday february 4th at 2 p.m

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number five mi 2025 004 309 the vote in this matter has been rescheduled to february

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3-0-9, the vote in this matter has been rescheduled to February 4th at 2 p.m.

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And number 6, MI 2025-004-256, 753 North 44th Street.

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This is a request for reconsideration.

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I vote yes to reconsideration and rehearing.

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Michael Johns, my vote is yes to reconsideration and rehearing.

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Cheryl Gaston, my vote is yes to reconsideration and rehearing.

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Tynetta Graham, my vote is yes to reconsideration and rehearing.

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Ryan McAdams, my vote is yes to reconsideration and rehearing.

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ION, my vote is yes to reconsideration and rehearing.

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We're going to go to number two of a regular list.

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MI 2025-004-976-3960 Parrish Street.

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Meredith Ferliger is the attorney.

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Council Mr. Chairman could you please state your name and spell for the stenography you've

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already been sworn Meredith Ferliger f-e-r-l-e-g-e-r could you identify your client a relationship to

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this property I certainly can just switching out my documents here all right um my client for this

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hold on hold on one minute right um I noticed there's no RCO letter or summary that we've

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received yet. Have you? Yeah. Mr. Chairman, Gwen Morris from Mantua Civic was on for the last case.

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I believe she should still be on now to share that Mantua did support it. Right. And then one other

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thing, our vice chair has a few questions for you. Good afternoon. Have you submitted your documents

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and exhibits five days in advance of this hearing? I did. Okay. And did you erase the reading of the

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refusal and stipulate to its accuracy? I do. Yes. Okay. Thank you. You can share your screen and

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proceed with your case. Thank you. And Mr. Chairman, my client here today is the DOOR LLC,

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which is the owner of the property. And that LLC is represented by Alex Messendez,

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who should also be on. All right.

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All right. The request before the board today concerns one property in Mantua,

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located at 3960 Parrish Street. The board has seen quite a lot of activity on just this particular

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block in the last few years, having approved a similar proposal at 3956 Parrish Street in 2023

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and one immediately next door at 3962 Parrish Street just in 2024. Let me first orient you to

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the location of this property. As always, the deed and the tax clearance are included at Exhibits 2

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and 3. As you can see on the aerials shown at Exhibit 8, and this is looking along Parrish

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Street right here, this property sits on Parrish Street just east of North 40th Street, which is

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in Mantua, West Philadelphia. From these aerials, which are admittedly out of date as they do not

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reflect some of the new construction on the block, the board will start to notice the unique nature

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of this block of Parrish Street. Up until the two recent new construction projects that you'll see

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in the photographs, the property and all of its immediately adjacent neighbors fronting on Parrish

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Street were entirely vacant, extending all the way from Union Street to 40th Street.

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The investment in this particular block has so far focused predominantly around North 40th Street, which has had quite a lot of new development.

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From the south view here, again, you can see the corner of North 40th Street here, which was recently built out with a new five-unit building that extends all the way back to Parrish Street.

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across the street but uh further towards Union Street are a row of residential homes and then

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directly across the street from the property on slight slight diagonal the board will notice the

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commercial use that has largely spilled into Parrish Street due to the lingering vacancy of

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the block turning to the photographs at exhibit 15 you'll see the existing vacant lot which is

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currently fenced off in the photograph that is the subject of today's request at 3960 parish street

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these photographs reveal a closer look at the progressing character of this particular block

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which is slowly seeing some additional investment immediately next door at 3962 parish street a new

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six unit development was recently approved and constructed a few lots away and again this is

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And again, this is looking towards North 40th Street.

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looking towards North 40th Street. This is the five unit development.

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This is the five-unit development facing 40th Street.

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And then a few lots away, a new triplex is also under construction and nearing completion.

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The longstanding vacancy of this side of Parrish Street has so far been an impediment to new development.

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And today's request will be one more step towards the reactivation of this block.

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This is another view towards Union Street, and again another view from Union Street looking

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down towards 40th Street. And then this view from 40th Street should give you a better perspective

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of the property in relation to the new multifamily buildings, both at the corner as well as in

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relation to the automotive repair garage, which is directly across the street.

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and then this is just another view of the property as well, and just a few other views.

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This is a little bit further down towards Union Street. This is the Pico substation

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off towards the corner of the photograph.

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Photos of the zoning posters are also included in the packet just beyond these photographs,

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which I will return to momentarily, and again, you can see the timely posting.

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Referring to the zoning map at Exhibit 4, you'll see that the property is now zoned RFC 5,

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having been one of the many blocks that was previously zoned RM1 prior to the 2017 Mantua

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rezoning. You will notice that the RM1 line stopped just short of this block, with the

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automotive repair garage across the street retaining a CMX1 classification that would

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effectively permit multifamily density due to its adjacency to the RM1. Because of the location of

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this lot, it is not only adjacent to RM1 zoning and uses, but the lot across the street is further

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capable of significant multifamily development based on its zoning classification. To the northeast,

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you'll also note the start of the industrial zoning that you saw in the photographs that

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encompasses Pico substation on the next block east. And then just north of this map, a bit out

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of view, the board just recently approved a new 87-unit development, further illustrating the

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shift in residential character of this immediate area, and particularly in regards to this block.

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The proposal for 3960 Parrish Street is shown on the zoning plans at Exhibit 5 and includes one

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new three-story structure that will blend with the character of the newer development on this block.

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Architect Logan Dry is on the line to answer any technical or design related questions.

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Although the identically sized next door property was recently approved for six units,

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This building will contain four dwelling units but is otherwise designed to match the setbacks

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and the height of 3962 Parish Street. A rendering is included for reference at Exhibit 7

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and the floor plans are included at Exhibit 6. The project has been designed to maximize

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private outdoor space for many of the tenants including a private roof deck and rear decks

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at the upper levels. Like its immediate neighbor at 3962 Parish Street, the building is designed

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with a slight L shape to open up the side of the property to allow for additional light and air.

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As you can see, the units are all large with units C and D both having two bedrooms and two

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bathrooms and are each over a thousand square feet. Units A and B are 850 square feet and

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and are bi-level predominantly on the first floor with additional office or den space in the lower level.

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And again, you can really see the intended height above grade that is going to match the one immediately next door as well.

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There is an interior ventilated trash storage area in each of the units.

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All the units have in-unit washers and dryers.

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Furthermore, another unique benefit in terms of this particular lot is that my client purchased

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the project at 3962 Parrish Street just after it was approved by the board.

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So they will be the joint owner of both of the adjoining properties, further ensuring

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the efficiency in trash storage and maintenance, removal, as well as attention to resident

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quality of life.

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Since they did just construct the building at 3962 Parish Street, I did also include

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I did also include photographs in the exhibit packet here of some of those newly constructed

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photographs in the exhibit packet here.

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units to give you a sense of the layouts and the designs as well. And obviously these photographs

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are taken of an unoccupied unit, as this building was just very, very recently finished construction.

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And again, you can just get a general sense here of the design intent,

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which would follow for this property as well.

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Regarding the refusal, the proposal only received one refusal for the proposed multifamily use.

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No dimensional variances are required for this particular structure, and it is designed to be shorter than the code would allow.

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The applicant submits to a hardship given both the history of this property, as well as the continuing shift in character of this neighborhood and the block, which are both highly relevant to the applicant's entitlement to a variance.

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We also submit that the proposal represents the least minimum variance. Historically speaking,

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the lot at 3960 Parish Street has been without any form of improvement since at least 1942,

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having been rendered vacant sometime between 1910 and 1942. Although the block has been largely

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vacant for many years, the available zoning history shows that this block historically was

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nearly an exclusively multifamily block until the structures were demolished over the last several

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decades. The historical use of this lot in the block is consistent with this proposal.

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Furthermore, aside from the historical multifamily uses, erecting a new single-family home on this

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lot would also represent a deviation from the predominantly multifamily dwellings that exist

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and have been recently constructed on this block and in the immediately surrounding neighborhood.

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As you can see on Exhibit 10, a map is shown indicating the location of new and existing

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developments with densities ranging from two-family all the way to six units consistent

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with today's proposal. Five and six unit proposals, much more dense than this proposal,

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were approved for 3946 Parish Street, 3801, 3860, 3933 Brown Street, 844 and 846 Union Street,

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and 833 North 40th Street, which are all in the immediate vicinity of this property.

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Although the property next door on the identically sized lot was approved for six units,

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this instant proposal reduces that slightly to four units to provide slightly larger units than

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its immediate counterpart. As the board is aware, this and prior boards have granted countless

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variances permitting multifamily use in this neighborhood due to the established limited

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viability of constructing a new single-family dwelling in an area that has become characteristically

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multifamily. This is especially true here due to the unique situation of this lot being immediately

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adjacent to dominantly RM1-compliant uses and further across the street from an automotive-based

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use in light of the abject vacancy that has burdened this block until variances began to

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be granted in 2023, which is what has sparked the new development on this block. If or when

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developed, the lot immediately across the street could accommodate, based on zoning classifications,

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up to 18 units. The proposed density is consistent with the density of surrounding structures,

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as you can see, and is most appropriate for the interior layout and is further not overbuilt

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from a dimensional perspective. These units are quite varied in size to accommodate a wider range

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of rental price points and tenant preferences. We submit that this proposal will not increase

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congestion, harm neighbors' properties, or impair light and air. More detailed analysis is provided

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in the memo of law submitted to the board at Exhibit 11. Just a brief note about the RCO. I do

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hope that mrs morris is on the line here uh but just to kind of clarify the proposal did receive

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a letter uh did receive support from mantua the final vote was four in favor three in opposition

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and three abstained the meeting was held just two weeks ago unfortunately that vote does not take

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into account who is in your neighbor and who lives in mantua at large uh and in fact at the beginning

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of the meeting i had asked if anyone in the room lived on this block or even in the immediate

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surrounding blocks and not only were there no hands but we identified that the closest

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but we identified that the closest resident in attendance lives on 40th street several blocks

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This resident in attendance lives on 40th Street.

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away so simply put there were no near neighbors at that meeting with some folks even admitting

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they lived as far as the cedar park neighborhood as a result even though mantua i hope is on the

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line to confirm that they intended to send a letter of support my client did also seek to

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to secure additional expressions of support

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to show the board that the immediate community

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is supportive and a petition of support

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with 12 signatures of near neighbors

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is included in the packet at Exhibit 14.

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And you can see that up on the screen.

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So at this point, I would ask if the administrator

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could look for Alex Messendez.

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Is that your owner?

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Yes, Mr. Chairman.

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Okay.

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alexander mozens a-l-e-k-s-a-n-d-r last name m-o-s-e-n-d-z all right do you swear or affirm

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the total truth told truth nothing but the truth i do to see counsel thank you uh alex can you

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confirm that you are authorized to speak on behalf of the door llc which is the owner of this property

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i am and were you present and heard all the testimony and evidence that was offered in

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