civus
Hearing video

ZBA Hearing - October 23, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 23, 20246h 7m

which hopefully is the second unit,

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we go to the front door.

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This is where my client lives,

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living room, kitchen, dining area.

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There's three bedrooms and a bath up front

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on the second floor.

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The RCO meeting notice was July 30th. Everyone was directed to come to the rear of the property.

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We mailed that notice that day and we gave proof of mailing of that notice via email.

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And we notified the community groups that we mailed it out to 155 addresses.

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These are a list of the addresses, the proof of mailing to those addresses.

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Applications for appeal that we filed on Rosalind's behalf.

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Loaned a notice of refusal in the project information form.

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The deed showing that she purchased this property in 2016 from a family member.

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She's lived there some time.

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And our certificate of tax clearance.

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I'm going to stop sharing my screen.

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I would ask that Rosalind.

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Let me ask you a question.

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Is there a kitchen already in that?

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In the basement? In the lower level? Yes.

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Could we see the kitchen? I don't remember seeing it.

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I don't know if it's a full kitchen. I know I would ask Rosalyn that, but it looks like there's some type of kitchenette in here.

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is it listed on the plan i know you clicked yeah it's a reflective yeah again we created

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this plan based on or what we saw but it's uh it's right here

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you bring your client on

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all right so can you virtually raise your hand they've been allowed to speak

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could you please state your name and spell for the stenographer

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yes rosalind rodriguez r-o-s-a-l-i-n-d rodriguez r-o-d-r-i-g-u-e-z

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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. Please proceed, Councilman. Rosalind, you heard everything I had to state today about your zoning matter.

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yes please proceed council uh roslyn you heard everything i had

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Yes. And is it true and correct? Yes. And do you adopt this in your own testimony? Yes.

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And then specifically regarding the community meeting that took place, there were several neighbors of yours that attended that meeting.

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Yes, correct. And they expressed their support for this application?

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Yes, they did.

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Okay.

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And you've reached out to those other neighbors that were on that petition and letters to support, which is illustrated by that map.

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And all those neighbors were in support of this application, right?

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Yes, they were.

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Yeah.

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And you didn't create any of that work downstairs, like the kitchen or anything else.

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That was as is when you purchased a property from a family member, right?

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Correct.

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Okay.

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And there's two parking spots in the rear as well, right?

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Yes, there is.

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And the intention is you have one, would have one parking spot and the person who would live there in the one bedroom would have the other parking spot.

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Correct.

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Okay. Thank you.

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Questions from the board.

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I have a question.

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So the first floor, I guess it would be owner occupied.

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How would they have access to the meters and water tanks and stuff like that?

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If they're all in the basement.

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If you close off that basement, how would the first floor, would they have access to utilities?

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That's a good question.

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Again, Rosalyn, would it be so that you would have access to it for, you know, maintenance and things like that?

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I'm assuming they're all located in the lower level, right, Rosalyn?

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Correct.

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It's located in the basement, and I would still have access to it since it's separated from the family suite, like the in-law suite.

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I mean, okay, how many ways do you get down to the in-law suite?

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Is it a separate door?

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Like, is it beyond those stairs?

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It was a picture where you had some stairs, and then it was a hallway located beyond the stairs.

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Is that where the utilities are?

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Correct.

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So from my kitchen, there's a way to go to the basement and also from the rear of the house, there's an entrance and then that's where the utilities are at.

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So you would go through the separate front door of the lower level unit if it was its own unit and you were closed off in the through the staircase.

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Correct.

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And there is a sidewalk way along the side of your property.

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So you would park your car, like typically how you would park is you park your car and then you go to the side walkway and go to the front of your house.

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Yes.

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Is that a share? Can you go back to the, I guess, photos?

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The floor plans are disingenuous.

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Do you want me to do floor plans or photos?

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No, the floor plans are disingenuous. They don't really kind of show the scale of what the house is. So, you know, they're just disingenuous. Of course, the bedrooms and everything that's in the basement, they don't comply with code. They don't have egress wells.

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I'm always concerned when somebody requests to have a lower level unit that is really accessed really for the most part from a driveway.

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And I don't know that there that's you do have that walkway. That's my question. Is that a shared walkway?

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No, it is not.

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I'm sorry, what is it?

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Is it is it shared is a shared walkway between you and the neighbor or is that your private setback from your well from your neighbor.

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So the I can't speak to that is that walkway owned by the by the by the property owner.

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So we have not done a survey of the property. The only thing I can say is there's a fence along the perimeter of the of this wall right here.

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that so it's I would again I can't speak to like whether it's it's a shared walkway or it's a

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walkway but this is a walkway that my client uses to get to the front of her property okay and

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currently that garage is that where the utility I'm assuming that's where utilities are or is

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that just the garage that's probably electric meters probably right behind that well here's

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that that's already been converted to a bedroom or something yeah that that has oh that is already

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living space.

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I just have a fundamental

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issue with someone's

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front door being a

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driveway.

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So

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that's it.

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that's you know right behind that garage behind that garage where the kitchen is too right

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Right behind that garage.

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or the whatever is there is is that a kitchen yes correct yeah so i would say this i'm sorry

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is it like a gas range i mean what what's there

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currently there's nothing in there

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yeah that's what i'm saying yeah cabinetry there but do you have gas

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can you go back to the can you go back to the pictures of the basement

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that's rosalie is this the bedroom in the basement yes it is right so that wasn't that

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window doesn't comply right and so that is the walkway you'll have to do a three-foot egress

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out of that window and you don't have a room in that walkway so you'd be forcing folks to walk

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down the driveway to get to their front of their unit if they're not driving but go ahead

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let's see some more of the photos of the basement and we'll remember john as you know this is only

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the first step of the process we would have to get yeah i know but you but one of your arguments was

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that they have a side walkway that they can use and i asked that was that shared and if it's not

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shared that's fine but even if it's not shared and you have to have a three foot um egress well

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out of this window that's in the basement you can't walk down that walkway i can tell you now

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that walkway probably is only three feet maybe four feet so i don't know how you're going to do

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that unless you do some kind of grade or something and then that becomes challenging um so where are

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the rest of the pictures for the basement roslyn what's this picture showing so that's showing the

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entrance. Okay, so that's going from the, I'm standing at the front door here going into the unit.

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That's from the hallway to the, and then that's the door that takes you to the in-law suite.

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And then this is the area where you have the kitchen area, right?

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Correct. There's nothing there, right? Well, it's a sink and looks like where a refrigerator was or

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something was there and then on the right i'm sorry so on the right is that that block wall

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that was the that was formerly the garage correct uh where the cabinets are at i'm looking at this

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so is that is the photo on the left the so the the one with the picture with the stair in that

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This is an entirely single-family block.

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The City Planning Commission recommends that the board deny the proposed use variance for two dwelling units.

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Mr. Chair, can I just...

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I'm sorry, can I just...

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Sure, sure, sure.

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So this is a rather large lot, 1,446 square feet.

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Well, there are nearby single-family homes that are now multifamily.

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5960 Schistler is one of them, which is on the next street over.

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And everything is above grade.

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There's a separate entrance, and there are two parking spots available, one for each unit.

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So MI 2024, 002, 062, 6045 Schistler Street, I vote no.

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Michael Johns, my vote is no.

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Tana Graham, my vote is no.

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I win. My vote is no.

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No, Shahid. My vote is no.

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Thank you, Counsel.

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Number four.

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MI 2024

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002-378-3943

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Mount Vernon Street.

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Meredith Verlaker is the attorney.

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There's a recommendation

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of support from the Mantua Civic

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Association.

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That way we're joining

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as a panel shortly, sir.

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Thank you.

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Good afternoon.

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Counsel, we've, just for the record, state your name.

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You've already been sworn today.

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

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You identify your client, the relationship to this property.

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Sure.

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My client is owner F-L-L-C, which is the owner of the property, represented by Rami Shrine.

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Chair has a few questions.

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good afternoon council do you agree to wait to read another refusal or stipulate to his accuracy

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i do have you emailed in all the required documents and exhibits that's needed to

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

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thank you again good afternoon mr chairman members of the board meredith ferlinger of

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Dilworth Paxson, the property before the board today is 3943 Mount Vernon Street,

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which is a vacant lot measuring just under 1,100 square feet at the corner of Mount Vernon Street

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and Union Street. The exhibit packet includes 15 total exhibits. Just by way of preliminary

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summary to set the stage for this fairly minor request, this property was previously approved

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and is currently permitted for the construction of a multifamily dwelling to contain two dwelling

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units. As we'll explain, the request today is de minimis and seeks to add one extra unit for a

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total of three units. The board will note that the original application that was filed with L&I

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requested to increase from two to four units, but the request has now been pared down to only request

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one more unit than is already approved. So if the board is inclined to grant the request today,

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it should be with a proviso, maximum three units. I'll start first with a basic property overview.

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As you can see on the aerial shown at exhibit six, and this is a view from the north,

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you can see that this property sits right at this corner, which faces a large undeveloped block

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on Union Street between Mount Vernon and Wallace Street. And across from the property,

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as I mentioned, across from the property on the Union Street side, this entire block here

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remains undeveloped. There's no evidence here of any recent approvals. Diagonal from the property,

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again, crossing over Union Street, you'll see a swath of new multifamily development

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with the corner containing five dwelling units. And you can see that right at the corner here.

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Directly across the street from the property, also on Mount Vernon Street, a new 14-unit development has recently been approved, and you can see that area where it's currently just vegetation.

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You can also see visible in these aerials a new construction project just south of this lot on Haverford Avenue with 33 units.

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All of these densities that I've referenced are reflected on the permits that I have included in

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the packet at Exhibit 10. Now looking at the zoning map at Exhibit 5, you'll see that this

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property is owned to RSA 5, having been rezoned from CMX 2 at some point in the past. Looking

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more closely at the photographs at Exhibit 7, again you'll see the corner vacant lot that is

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the subject of this application. And again, it's right here. You can actually see it staked out

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from the survey that was done. Looking, and again, this is just another view a little bit farther back.

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Looking, and again, this is just another view a little bit farther back.

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This next view is looking from the Union Street side of the property, and again, looking at the property towards Mount Vernon Street.

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Looking east on Mount Vernon, to the right here where the vegetation is shown, this is the location of that approved 14-unit development that is approved to be constructed directly across the street.

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Looking west on Mount Vernon Street, you will see the five-unit development here right across the corner that I referenced earlier, as well as other multifamily construction further south on Union Street.

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And you can get a better view of that on this next photograph.

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Looking now north on Union Street, you'll again see what I pointed to earlier, the block directly across the street here, which currently sits completely unimproved.

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And finally, we have included photographs of the zoning posters, which were timely posted on September 24th.

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Now, as I mentioned earlier, although not directly relevant to today's request, this lot was previously zoned CMX-2 prior to the 2017 Mantua rezoning.

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Back in 2019, prior to my client purchasing this property, the then owner was granted a zoning permit by variance to construct a new attached structure for a two-family dwelling.

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I'll bring up that permit here.

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And you can see that was issued in 2019.

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The former owner then further secured a building permit in March of 2021, and the zoning permit

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and the building permit were then both transferred to my client upon his purchase.

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However, after several years have gone by, my client ultimately determined that the development

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that was previously approved with two units would not be viable in this location in light

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