civus
Hearing audio

ZBA Hearing - January 28, 2026

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

And so you can see it's, we're viewing,

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this is our street Meadow Lane straight down here.

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And then there are, you can see all these properties.

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This is 137.

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Yep, I got it.

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So there's a few houses and that's just on our block alone.

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If you go to the other bridge field and existing,

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where we sent all the letters for the RCO,

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there's more and more properties with the same type of setup all right questions from the board

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yes when there's people utilizing that new space that you've built in the garage

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yes when there's people utilizing that new space that you've built in the garage

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where is it just for for you too or oh yeah yeah i mean it's no different than if we had people

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over for dinner yeah we're not no no multiple dwelling unit it's just it's just our space

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yeah okay we just we just fixed up the basement our kids have recently gone to college so we

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turned it from a playroom to our room yeah i do not see any hands raised at this time planning

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commission amy boyd with the planning commission the comprehensive plan recommends no change in

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zoning at this location from the current rsa3 residential single family there is no evidence

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that the conversion of the garage was done without the benefit with the benefit of permits

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the appellant has not demonstrated that there are unique physical conditions and circumstances of

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the property that would prevent it from being used in conformance of the zoning code the planning

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commission recommends that the board deny the requested variance for parking in the required

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front yard setback mi 2025 004 428 151 meadow lane i vote yes michael johns my vote is

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yes cheryl gaston my vote is yes tanetta graham my vote is yes ryan mcadams my vote is yes i own my

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vote is yes thank you thank you uh um number 13. mi 2025 005 131 2101 west ontario street joseph

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Vaccaro is the attorney.

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The chair, they'll be coming back in as a panel shortly.

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Good afternoon.

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How are you today?

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Counsel, we're fine.

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Could you please state your name as Bell for a stenographer?

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Good afternoon.

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My name is Joseph Vaccaro, V-A-C-C-A-R-O, on behalf of the applicant, 2101 West Ontario, LLC.

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

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Yes, I do.

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Would you identify your client again?

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2101 West Ontario, LLC.

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All right.

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Okay.

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And our vice chair has a few questions for you, sir.

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Good morning.

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Have you submitted your documents and exhibits five days in advance of this hearing?

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yes i did and i updated those documents with proof of tax clearance this morning and a copy

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of the application for appeal i forgot to include that application for appeal thank you for doing

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that and uh secondly do you waive the reading of your refusal and simply to its accuracy

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yes i do okay thank you you can proceed with your case to share your screen

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okay thank you very much uh let me share my screen

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okay can you see my letterhead we can sir okay so we're we're good all right so this is an

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application uh to permit six dwelling units on this property it's zoned rsa five single family

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um by way of history back in 2016 the previous owner uh that owned this property obtained a

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variance from the board to permit six units. So they had gone through the zoning process.

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They got their variance for the six units, but they never did anything with it and they never

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proceeded with it. So the variance lapsed. So we're here again to redo what should have been done

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10 years ago. My client had purchased the property in 2021, May 1st of 2024. I misspoke.

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May 1st of 2024. And I could scroll down to my exhibits, started with my letter of representation,

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Overview of the project, the deed. Here's the past use permit per the zoning decision of 2016 permitting the six units.

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There was a proviso, no grocery store, no retail on the bottom, that's the same application, the same proposed use, that's before the board today.

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All we're asking for is the six units that were already granted previously.

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all we're asking for is the six units that were already granted previously. Here's the decision

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from 2016. We had sent letters to the near neighbors with the proof of mailing and we

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could discuss that a little bit further after I show the, here's the poster that was put up on

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the property another view of the poster here's a picture of the property

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basement first second third floor it's a three-story property we're not looking

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to change the dimensions of the structure either by height or by width

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this is the 21st Street side

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here's a view from the south from the southeast corner looking towards the

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building which is on the northwest corner of the intersection here's a view

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of the back here's a view of the north 21st street side my client already

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painted it and made it look nice.

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The property is currently not being occupied.

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We're going to get to some photographs of the inside in a few more photographs.

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Here's the inside.

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The property still looks as it does.

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it's down to studs hopefully if we get this approval from the zoning board and my client

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proceeds with the um with the proposed use for six units

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then he'll get the appropriate permits to complete the work

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here are the plans for the property basement it this shows the basement the

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basement is just going to be for utilities and storage if I could zoom in

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and expand the photo

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here you go basement again just storage and utilities only

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on the first floor there would be two units a front unit and a back unit

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on the second floor there would also be two units a front unit and a back unit

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and the third floor also a front unit and a back unit here's the third floor

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they're both labeled a second floor plan here but each each floor would have two units bedroom

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kitchen and living room in each unit bedroom kitchen and a living room there's

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already an existing open terrace on the second floor trash would be stored on

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the 21st Street side there's a little nook area could show that to you going

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back

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you go this is the 21st Street side this is the sidewalk area so this would be

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the area where trash can be stored additionally if i could just check my notes over here again my

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prop my client had purchased the property in may 1st of 2024 thinking that this property was already

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a six unit property um there's ample parking um especially on the 21st street side where there's

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Parking already permitted on both sides of the street. And there are also multiple, multiple, multiple units, properties in the area, both on Ontario and on 21st Street.

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Again, my client's not looking to increase the height of the building or increase the dimensions of the building.

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All he's asking for is the six units that were already approved back in 2016, but nobody ever, the previous owners, they just never completed that process.

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completed that process. We were scheduled to have a meeting with Allegheny West Civic on the 20th of

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We were scheduled to have a meeting.

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January, but at the last minute, Allegheny West had canceled the meeting due to her illness.

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I had inquired to see if maybe another RCO could have picked it up, if we could have had an RCO

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meeting with with either or not with either another rco or or with other people especially

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since my client had sent out the notices to the near neighbors and considering that we're that we

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were so close to the uh zoning hearing date but i didn't receive any the only response that i

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received from allegheny west was uh no up um we're the only ones that could handle it and

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I didn't get any other proposed dates. So, here we are. At this time, I'd like to promote my client, Guillermo Verona, who's on the Zoom. He's the principal and sole shareholder of 2101 West Ontario Street. So, he could adopt my testimony and we could answer any questions that the board may have.

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Your client has been promoted to

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Penalist

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Sir, could you please state your name

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And spell for the stenographer

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Guillermo, are you there?

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You need to unmute yourself

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Guillermo

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Guillermo

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okay well i would i would ask that the board accept my testimony as an officer of the court

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um we understand that questions from the board

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questions or comments from our attorney hillary emerson

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not at this time mr chair

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questions or comments from the virtual audience

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no hands mr chair okay um so hillary this is a uh a large project and i know that it was uh

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uh approved in 19 16. uh 2016. yeah so I'd like to have some kind of communications from the uh

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the board I mean from the RCO um that's fine Mr. Chair um let's see and I want one of the affected

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RCO's RCO's Swampoodle um did request that the vote could be held um I don't know when a meeting

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will be rescheduled um mr vicar you don't have another date for a meeting at this point correct

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okay but if if that's what the board's inclined to do we could certainly work with swan poodle

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we could work with any rco including alligator west okay well if we want to give this 30 days

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or so um i mean end of february is the 25th um the last one say in february is the 25th is also

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but it's closed other than hearing from the rco right and you'd have a chance to respond to it

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if there's something there that you disagree with okay but why don't we give it a date mr chair

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sure you want to do why don't you give me a date i mean we want to do february 25th or go to the

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following um i think is more than ample time okay all right and i think planning still has

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their recommendation as well all right planning amy boyd with the planning commission the

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comprehensive plan recommends no change in zoning at this location from the

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current RSA five residential single-family in 2016 this property was

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granted a zoning and alteration permits for six units there's also a documented

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history of previous multi-family and commercial including a permit for a

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commercial on five family from 1978 the Planning Commission recommends that the

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board grant the requested variance for six dwelling units right thank you very

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much and we'll do this on the 25th at 9 9 30 9 30 okay mr vicaro and i just upload the letter from

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the rco if we get that right that's right okay thank you mr vicaro thank you have a good day

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all right so we're going to break for lunch we have i believe one case left and that attorney

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has two cases that are going to start off the 2 p.m class uh less so we'll do it then is there

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anyone other than 3527 mount vernon street in the audience that the case has not been called

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i see no hands at this time chair okay so see everyone at two o'clock and at two

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i see no hands at this time chair okay so see everyone at two o'clock and at two o'clock we're

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going to start with murder murder furlicker she has two cases and we're going to head this one

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too all right thank you thank you all so am i good morning good afternoon everyone we're going to have

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one case less from this morning, so we're going to go to that first. MI 2025-004-602-3527

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in Mount Vernon Street. Murder the Furlicker is the attorney.

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She promoted as a panelist. Okay, thank you.

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good afternoon good afternoon counsel um so um could you we're going to finish this one case

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up from this morning could you state your name and spell for the stenographer meredith ferlinger

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f-e-r l-e-g-e-r you swear or affirm to tell the truth the whole truth nothing but the truth

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i do could you identify your client and relationship to the property my client is 36

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Haverford LLC which is the owner of the property represented here today by Rami Shrine and there's

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a recommendation of support from the Mantua Civic Association the vote was nine in support one and

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non-opposition our vice chair has a few questions good afternoon have you submitted your documents

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and exhibits five days in advance of this hearing I did and do you waive the reading of the refusals

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and stipulate to their accuracy I do thank you appreciate your screen and proceed with your case

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All right. Give me one moment.

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Good afternoon, Mr. Chairman, members of the board.

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The property before you today is 3527 Mount Vernon Street, which sits just west of mid-block between North 36th Street and North 35th Street.

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The exhibit packet that I've provided to the board today has 16 exhibits, which includes

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the letter of support from Mantua Civic Association that Mr. Chairman referenced at the beginning.

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Starting first, just to orient you to the location of this property, as you can see

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on the aerials I have up on the screen here at Exhibit 9, this property sits on a diverse

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block that contains some existing and some newly constructed multifamily dwellings.

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As you can see in this image, just on the next block west, a new low-income housing

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tax credit project has been recently completed that contains about 40 units and was also

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further last approved for a very dense mixed-use project with both residential and retail components

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just on this corner here.

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Looking at the zoning map at Exhibit 8, you'll see that this property is zoned RSA 5.

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Despite the RSA 5 zoning which took effect in 2017, this block is surrounded by RM1 multifamily,

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which is consistent with the use of many of the properties not only on this block,

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but also in the immediate neighborhood as well, as you'll see momentarily.

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If I turn to the photographs here at Exhibit 16, again you'll see the currently vacant lot at 3527

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Mount Vernon Street that is proposed to be infilled with a new development. The photographs

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show that this block is a mix of older two-story dwellings as well as some newer three and four

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story construction. Even the existing structures that sit on this block are not necessarily

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uniform in facade or color with a mix of gray, red, and some tan exteriors as well. And again,

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you can see looking in the opposite direction some of those newer three-story developments

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that have gone up here as well. In addition, as you can see in images like this one looking

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towards 36th Street, as well as looking the opposite direction towards 35th Street, and then

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again looking from 36th Street towards the property, and looking from 35th Street towards

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the property. The newer construction here has been pretty uniform in terms of the upper levels.

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There are no examples of third or four stories having any form of a setback, even where some

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of them abut existing two stories. We did also provide photographs of the timely posting

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in the exhibit packet as well.

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By way of history, there was a structure on this lot until about 2010 when the city demolished

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By way of history, there was a structure on this lot

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until...

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it due to its dilapidated condition.

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Back around the time of its demolition, the property was owned by the Housing Authority,

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who sold it to the last owner prior to my client.

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The Housing Authority retains a reversionary interest in this land, which requires that

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some kind of a residential structure be erected on this lot to comply.

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Unfortunately, even prior to my client, and since my client purchased it in 2018, construction

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has been impossible on this lot due to the rezoning that took effect just the year prior

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to his purchase, despite the existing character of the block and area, which is dominantly

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multifamily.

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The current proposal shown on the zoning plans at Exhibit 5 is for the erection of a new

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three-story structure to contain three dwelling units.

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As with all of my clients' developments in Mantua, the structure is elevated above grade

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