civus
Hearing video

ZBA Hearing - March 13, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 13, 20246h 7m

With that, members of the board, I would submit that this is an oversized,

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irregularly shaped lot with the the L shape. The refusals are generated due to

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um the refusals are generated due to the unique shape of the lot the use of this property as two

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families is in keeping with the this block and in harmony with that the uses on the block

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and there would be no negative impact to the subdividing of this lot and adding two single

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family homes to this location we would request that the board support our request for the two

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variances uh as part of our refusal and if number if i could have mr again bajrami raise his hand

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mr bajrami can you please raise your hand

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they have been allowed to speak sir could you please state your name and spell for the court

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stenographer hi uh hello my name is agent a-g-i-m last name b-a-j-r-a-m-i

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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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Mr. Bajrami, did you hear the presentation and statements I've made to the board?

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Yes.

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Were they true and correct to the best of your knowledge, information, and belief?

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Yes.

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Would you adopt my statements as your own?

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Yes.

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No further questions, Mr. Chairman.

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We have not available for questions, if any.

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Questions from the board?

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No, Mr. Chairman.

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no chair

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no chair

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thank you

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questions or comments

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from our attorney

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Hillary Anderson

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not at this time

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Mr. Chair

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questions or comments

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from the virtual audience

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I see no hands

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Planning Commission

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thank you Chair Bergman

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Sarah Bond

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Philadelphia City Planning Commission

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the comprehensive plan

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recommends no change to the existing RSA-2 residential single-family zoning. The dimensional

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requirements of the zoning code do not create any economic detriment to, or sorry, for the

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appellant. The City Planning Commission recommends that the zoning board deny the variance.

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In line 2023, 004-599-488 Byberry Road, I vote yes for Viso. Revised plans, three pages,

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stamped by ZBA, March 13th, 2024. Thomas Holloman, my vote is yes with provisos.

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James Snell, my vote is yes with provisos.

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Ishmael Shaheed, my vote is yes.

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We're provisors.

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Thank you, counsel.

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Thank you.

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I do have one other matter.

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We'll be back to you.

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Thank you.

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Number seven, MI 2023, 007-093, 630 North 37th Street.

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Meredith Furlicker and Brandon Saverin are the attorneys.

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No RCO letter, but the meeting was held on 2-21-24 by the Mantua Civic Association.

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Meredith is joining us as a panelist.

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Good afternoon, counsel. Could you state your name and spell for the court stenographer?

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

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Meredith Ferliger, F-E-R-L-E-G-E-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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I do.

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Could you identify your client and the relationship to the property?

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Certainly. My client is 666 North 33rd Street, LP, represented here today by member Rami Shrine.

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Our vice chair has a few questions.

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Good afternoon, counsel. Do you agree to wave the reading?

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of the refusal or stipulate to its accuracy i do have you emailed in all the required documents

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and exhibits that is needed to proceed with this case five days in advance of this hearing

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we did um we did also supplement those exhibits earlier this week and were provided to staff as

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well as board council thank you fair enough please proceed and share the screen thank you and mr

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chairman i don't know if it was already corrected but this is actually 6 20 north 37 street not 6 30.

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Oh, I'm sorry. I said 620. I thought I said 620. Sorry.

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Maybe you did, but my brain thought it was.

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Okay, it's okay. It's okay.

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Just making sure.

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And just for point of information, I understand we're going to hold the vote on this.

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Our council is going to talk to Elle and I.

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That is correct, Mr. Chairman.

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And I will address that in my presentation so that you are fully aware of why we're holding the vote.

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Okay. You should see my screen now, I hope.

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We do.

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Okay, great. So as you're aware, the property before the board today is 620 North 37th Street, which is a large vacant property that measures 5,250 square feet.

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which is a large vacant property that measures 5,250 square feet and is just off the corner

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of Mount Vernon Street and North 37th Street. So North 37th Street is here and here is Mount

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Vernon Street. The exhibit packet in front of the board today includes 14 exhibits. By way of just

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a preliminary summary, this property was actually previously approved and permitted for the

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construction of a multifamily dwelling to contain 15 dwelling units. As we'll explain, the request

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today is relatively minor and seeks to add an additional extra four units, which will bring it

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to a total of 19 units. Starting first with a basic property overview. As you can see on the

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aerial that I have up on the screen at Exhibit 6, this property sits along a predominantly

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unoccupied stretch of Mount Vernon Street that is directly across from the Mount Vernon Park

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and Playground. Along North 37th Street are primarily three-story structures which are

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predominantly multifamily in nature. Directly across 37th Street you'll notice a large swath

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of vacant land and the board may recall having approved a large transformative development for

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those sites, known as Village Square. And that development will encompass the entire block all

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the way from North 37th Street to North 36th Street, between Wallace to the north and Haverford

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all the way to the south. Just by context, that particular development will include a grocery store,

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retail and office space, and nearly 150 units. And that is directly across the street from this

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property. On the opposite end of Mount Vernon Street, you can see at the corner here a vacant

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parcel of land that the board recently, in the last year or two, approved a 19-unit development

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on that site at 3527 Mount Vernon Street. Looking at the zoning map at Exhibit 5,

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the board will note that this property is currently zoned RSA 5, but is surrounded by

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RM1 across the street, as well as CMX2 and special purpose park zoning.

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If we look more closely at the photographs, just to give you some additional context,

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you'll again note that this is a large corner lot that is the subject of this application.

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And again, looking west here, you'll see that site of the future Village Square development,

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which should be under construction any day now.

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Notably, the portion of that development, which is directly across the street from the property,

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which I'm pointing to with my cursor here, that is going to be the large parking lot

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that will serve the grocery store, which will be right on the corner of 37th and Mount Vernon Street.

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And again, scrolling, this is just a view showing the context along North 37th Street,

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where you'll see the existing three-story structures that are immediately adjacent.

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As the board may gather, this block was one of the many blocks that was previously zoned RM1

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prior to the 2017 Mantua rezoning. This board hears about the Mantua rezoning effort quite a lot,

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but it is especially important here given the history of this lot. Back in 2017, prior to the

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lot being zoned RSA 5, this property was granted a zoning permit for the erection of a new structure

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for use as 15 dwelling units. You'll notice at the top it was zoned RM1 at the time.

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It was not until several years later that a building permit was also issued authorizing

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the construction of this project. That building permit still remains active. Under the current

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permit, the proposal includes a mix of predominantly three and even four bedroom units.

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As the board is aware, four bedroom units have been rendered essentially inhabitable due to the

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three unrelated rule in the zoning code. This is especially true in this case where the four

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bedroom units that were approved for the site were nearly 2,000 square feet, which is

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uncharacteristically large for the area and would be extraordinarily challenging to fill

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without seeking a special exception to permit that fourth occupant for each of those four-bedroom

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units. In addition, the currently approved design has zero one-bedroom units, which are generally

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more in line and consistent with the marketable development trends in this area. As a result,

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but before putting a shovel in the ground, the applicant sought to redesign the interiors

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based on some community input he had received to align more closely with the unit mix.

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based on some community input he had received to align more closely with the unit mix of the

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immediate area. The most efficient redesign ultimately resulted in the addition of those

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four extra units. The current design includes one, two, and three bedroom units that range from 575

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square feet all the way to 1250 square feet. This unit mix is far more consistent with the

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Mantua community's desire to see a broader mix of unit types and price points.

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Just generally speaking, trash will be stored in the rear and will be collected via a commercial

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hauler. And as the board noted early on, we are asking that the board hold the vote today

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as a result of the applicant's request to also remove the green roof, which was included in the

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previous approval. The green roof is going to be removed to try and accommodate some additional

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space for the current tenants. But we do understand that the board has to hold its vote

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since we have not been able to seek clarity on whether the board can do that via proviso

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or whether that needs to be done through some form of revised plan proviso. So that is ultimately

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the reason that the vote will need to be held. However, since the record is going to be closed,

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I will note that the removal of the green roof will not impact or change the ultimate refusal

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that was issued. The refusal, as the board can see, was drafted as if the full 19 units are not

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permitted, despite the fact that 15 of them were already previously approved and will remain

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approved. Regarding the refusal that's up on the screen, the proposal did only receive one refusal

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for the proposed multifamily use. As the board can see, the refusal is not specifically for the

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additional four units, but is instead issued as if the entire proposal is prohibited. As the board

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has seen today, this proposal is fully permitted for 15 units, and the scope of the review should

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be limited just to those four additional units. No dimensional variances are requested and the

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proposed structure is not changing from the previously approved design. This change would

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only impact the interior layouts to create and generate a more efficient and desirable design.

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The applicant submits to hardship given the history of this property, the size of the property,

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as well as the context of the neighborhood and the block. As I noted earlier, the property is

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over 5,200 square feet, which is significantly larger than the predominantly 800 to 1,100 square

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foot lots on this block. While the multifamily use is not necessarily in question today,

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given the applicant's permitted right, single-family homes on this lot would be significantly out of

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character with the direct area here in Mantua. Even putting the lot size aside, proposing a new

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single-family home on this block would also represent a deviation from the predominantly

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high-density multifamily development in this area. As referenced, the other end of this block

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was recently approved for a similar 19-unit proposal, and Village Square directly across

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the street is slated to see the construction of over 150 residential units with significant

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commercial uses that will thrive on the additional density in this in this immediate neighborhood

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this additional density will directly contribute to the vitality of this neighborhood

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and support the viability of the coming coming soon grocer and other retail uses

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this property is also uniquely situated in that it has a nearly 15-year history of attempted

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development with a variety of zoning and building permits dating all the way back to 2009 that were

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never achieved all for a variety of multifamily proposals the applicant is confident today's

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request will finally achieve the missing balance that will enable the project to come to light

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The applicant submits the number of proposed units is the least minimum, as this is a de

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minimis increase in the unit count that is directly driven by design and unit feasibility

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considerations. Furthermore, as I did mention previously, the project was designed to include

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a significant mix of unit types, sizes, and layouts to encourage a variety of price points

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and tenancies, and of course no dimensional variances are needed to support the proposed

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use and i do have up the previously approved zoning site plan and elevations which are not

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slated to change with this request we do submit the proposal will not increase congestion

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harm neighbors properties or impair light and air the proposal is slated to be

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harm neighbors' properties, or impair light and air. The proposal is slated to be consistent

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in height with the surrounding structures, particularly with the surrounding new structures

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that did receive height variances to be quite a bit larger than this proposal, which is by right.

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A full analysis is provided in the Memorandum of Law submitted to the Board at Tab 12,

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and I'd be happy to touch on any particular point in more detail.

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With respect to the community, we did meet with Mantua back on February 21st, and just in case, because I did see it just come through this morning, we did receive a letter of support from Mantua that I do have up on the screen now, and I do note that was sent to board council this morning as well, in case you don't have it.

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So at this time, I would call up Rami to adopt my testimony if the administrator could look for Rami Shrine.

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Rami, could you please state your name and spell for the sonographer?

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Sure, it's Rami Schraim, R-A-M-Y-S-H-R-A-I-M.

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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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Please proceed, counsel.

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Thank you. Rami, have you heard all of the testimony and evidence that was offered for the board today?

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Yes.

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Would you agree that testimony was true and accurate, and would you adopt it as if it were your own?

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Yes.

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And is there anything further you'd like to add?

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No, thanks.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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No, Chair.

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Questions or comments from our attorney, Hillary Anderson?

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just briefly

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