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Hearing video

ZBA Hearing - September 2, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Sep 2, 20267h 50m

the truth the whole truth nothing but the truth yes um francesca are are you and nicholas the

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um the two members of the um equitable owner of this property yes and did you hear the statements

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and testimony i gave today yes and was it true correct and accurate to the best of your knowledge

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Yes. And would you adopt it as your own? Yes. Can you just give the board a quick 60-second

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yes and would you adopt it as your own yes can you just give the

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kind of overview of what the business is? Show them around a little bit on the plans here.

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Yes, absolutely. Hi, good afternoon. I'm Francesca and Nicholas. We are co-owners of

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Mural City Cellars. We were the first urban winery in Philadelphia, and five and a half years after

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operating in the Fishtown Kensington neighborhood, we are excited to expand to a second location.

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Purchasing this building will allow us to move wine manufacturing from our current leased

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property, so we never have to move winemaking equipment again, which is a positive, and will

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also allow us to have a second location for retail and bar operations. We are currently open in our

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Fishtown location six days a week. We are looking to open five days a week here in the Point Breeze

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neighborhood where neighbors and guests can come in, enjoy a glass of wine or a bottle of wine

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on site um small bites as ryan mentioned without the use of a hood from our prep area

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and be able to purchase bottles of our house-made wine using only locally available grapes to go

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perfect and if the board has any questions all right questions from the board

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yes so how are you making this you make this in vets or how does this work yeah so we actually

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purchase grapes from within 300 miles of philadelphia so wineries and farms in new york

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pennsylvania new jersey maryland and virginia and we process the fruit in our manufacturing space

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in fishtown currently and we do use wine tanks and wine fermentation vessels and then we also

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have wine barrels okay and how so your part of your space then has to accommodate the

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cask shall we say or is that what we would call it like yes correct and you can see the

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wine tanks they're the circles yes thank you here and then the squares also along south chadwick

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and then the barrels currently on this floor plan are at the top right hand corner in a special room

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Hmm. Okay. And about how long do you age this wine?

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Typically, it's from 6 to 12 months in tank or barrel. Some wines can be made faster, but usually that's the time.

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Okay. And then you have a bottling operation?

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Yes, we do bottle on site. We just use a six-spout gravity-fed bottler, so it's not a huge piece of machinery, and it's operated by two to four team members, including our winemaker.

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Okay, and then I don't know how the liquor control board looks at this, but you have to, generally with liquor, you have to have food to have liquor. Is it the same thing with wine?

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yes correct um so we have a licensing as a wine manufacturer and in order to sell wine on premise

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we do need to provide snacks okay all right thank you thank you another question yes i have a

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question about deliveries and also your distribution and what that how that uh impacts sort of traffic

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yeah that's a great question um so 90 of the wine that we make is sold out of our front door in

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Fishtown. So we expect that ratio to actually grow with two locations. And we do have a small

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wholesale program and we do store our wine off site. So we have a team member who comes in once

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a week, we have a high roof panel van, and he picks up our inventory and then does deliveries.

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Okay. Other questions? So I'm sorry, but

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is that and this is a question for council so wholesale distribution is that part of this

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but they don't do it here should they do it in fishtown are you planning to do that here as well

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I'm sorry can you repeat the question the um distribution wholesale distribution are you

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planning to do that at this so we do that out of our fishtown location and our inventory is stored

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off-site on american street so we do a lot of distribution from there as well okay so that

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would all be done from a different correct in this one all right never mind okay questions

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from our attorney i do um i just wanted to clarify um who you really are because there's

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been three different entities that have been mentioned we have a lease for a mural city

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holdings llc you mentioned sax and mac your uh your excuse me lawyer represent susie mentioned

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saxamaxin i might be pronouncing it wrong wines llc and then you also mentioned mural

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And then you also mentioned Mural City Sellers.

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city sellers so i'm just trying to figure

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So I'm just trying to figure out, are you all three of them?

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Because we only have a lease from Mural City Holdings, LLC.

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Yes, correct.

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And thank you for that question.

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So Nicholas and I are 51%, 49% owners of Mural City Holdings.

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Mural City Holdings owns 100% of Shaka Maxx & Wines, LLC.

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and the DBA for Shaka Max and Wines LLC is Mural City Cellars.

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Okay, that's fine then because I didn't know we needed another lease, but that's fine.

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Yeah, so Mural City Holdings will own the building

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and then Shaka Max and Wines will rent the property from Mural City Holdings.

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Thank you.

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Question or comments from the virtual audience?

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No hands, Chair.

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Planning Commission.

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Nina Solomon of the Planning Commission. The comprehensive plan recommends a change in zoning at this location from I to industrial to RM1 residential multifamily. The proposed use should not cause detrimental impact beyond what might be expected. The City Planning Commission recommends that the board grant the proposed use variance for retail sales of food, beverages, and groceries and sit down restaurant.

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Thank you. MI 2026 002 144 1616 to 22 McKean Street. I vote yes. Michael Johns. My vote is yes. Cheryl Gaston. My vote is yes. Tanetta Graham. My vote is yes. Ryan McAdams. My vote is yes. Iowa. My vote is yes. Layla Beebe. My vote is yes. Thank you. Thank you for your presentation. Thank you. All right. We're going to do number two and number three together.

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Number two is MI 2026-002-354-4177-Mantua Avenue.

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And number three is MI 2026-002-355-4175-Mantua Avenue.

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Meredith Furliger is the attorney.

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Afternoon.

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Hi, counsel.

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Could you please state your name and spell it for the sonographer?

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

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Right.

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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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Could you identify your client, the relationship to this property?

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My client in relationship to both properties is The Door LLC, which is the owner of both properties,

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and a representative from that LLC is sitting to my left.

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Okay.

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Our vice chair has a few questions.

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Good afternoon.

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have you submitted your documents and exhibits for both properties five days in advance of this

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hearing yes i did and do you waive the read know the refusals and stipulate to the accuracy for

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both properties yes i do for both okay thank you you can share your screen and begin your case thank

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you all right mr chairman members of the board the request as you know before you today concerns

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4175 and 4177 mantua avenue i did submit a separate exhibit packet for both that are

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functionally identical they each contain 17 exhibits and to just briefly summarize the basis

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for today's request each of these applications requests a variance to permit a three-family

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dwelling on a block where this board has already granted seven variances due to the recent zoning

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change that shifted this block from rm1 to rsa5 despite the nearly exclusive multi-family uses

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on this half of the block for efficiency sake i'm only going to walk you through

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one of the exhibit packets since the proposals are mirror images of each other so i can certainly

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bring up the exhibits for 4177 if there are any specific questions that cannot be answered just

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in the exhibits from 4175 i believe this should be straightforward so i will venture to be brief

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let me orient you to the location of the properties

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and as always the deed and tax clearance are in both exhibits at exhibits two and three

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as you can see on the aerials that i have up on the screen here at exhibit nine the properties

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both sit on Mantua Avenue between North 41st Street and North 42nd Street, although these

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two properties here are nearly at the corner of North 42nd Street, which is where you can

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see the location of that bridge. These aerials are slightly outdated, as you will see in the

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street-level photographs, as there has been significant new construction on the western

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and half of this block. The block itself is largely made up of single-family homes to the

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The block itself is largely made up of single family homes to the east, as you move towards north 40 for 41st street and new multifamily developments on the western half of the block.

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So, as I mentioned, if I turn to the photographs at exhibit 17.

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you'll see here the two vacant lots that are the subject of today's request which are largely in

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between the existing three-story brick structure on the left here as well as the new construction

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on the right there is also one additional vacant lot that separates 4175 and 77 from the new

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construction that you see in the photograph here on the right my client has been in communication

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with the owner of this three-story brick structure here on the left and my understanding is that the

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neighbor is supportive of these applications looking across the street from these properties

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you'll see the side yard of the brick building that you see all the way in distance which contains 16

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units and then again just for context in this image you see a brick structure to the left

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that one contains three units then if we turn in face 40 north 41st street you can again see how

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this block has really developed over the years with significant new construction that leads

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roughly midway up the block all of which have been granted by variance

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and then if we flip in the opposite direction towards north 41st street you can see here the

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corner property which is just two doors away which contains a commercial space and seven units

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and then again just stepping back a little bit further this is just a view from mid block

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looking towards the properties there is also an intervening street here mid block

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holly street which intersects mantua avenue and then of course i did include photographs of the

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timely posting if i refer to the zoning map here at exhibit five you'll see that the properties

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are now zoned rsa5 however as i did allude to earlier and did include in the exhibits

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at exhibit 10 all of these properties on this block were subject of a rezoning that occurred

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in 2023 that rezone the block from rs from rsa5 from rm1 to rsa5 while leaving the corners

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cmx2 at either bookend now directly behind the property you can see here zoned i2 which

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accommodates the rail lines which again you can see in the aerials at exhibit nine

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now although the rezoning itself was supported by the district plan the district plan did identify

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the rezoning here as being necessary to preserve existing single family however as the board has

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seen from the photographs and as i'll show you in a little bit the long-standing single family

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on this block that warrants the preservation is largely on that eastern half of the block

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walk as you head towards 41st Street, which in fact is actually even separated by somewhat

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of a slight alley that you can see here on the zoning map.

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So the proposals for each of these properties is shown up on the screen at Exhibit 6. And

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like I said, these are mirror images of each other. So 41, this is 4175, 4175, 77 is just

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a complete mirror image and i do also have the architect logan dry on the line if there's any

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questions so each of these structures is a new three-story brick structure and unlike

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its somewhat more modern neighbors to the east these were designed to blend with that sole

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remaining existing brick structure immediately next door including a couple of things that i'll

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point out number one you'll see that this structure it both structures are proposed to match

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that front yard setback which is a whopping 10 feet and then each of these buildings will contain

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three dwelling units which is less than most of the new construction that have gone up on this block

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which have largely been approved for four units. From the rear, you'll see again that the structures were designed to narrow in the back to allow for maximum window coverage and light and air.

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both of these are proposed to be built slab on grade with no basements

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Both of these are proposed to be built slab on grade with no basements.

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allowing for each of the first floors to be type b accessible

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now in terms of the floor plans and again the floor plans are also complete mirror images

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of one another there are three two bedroom two bath units ranging from 850 square feet to 912

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square feet. Each unit occupies one floor. Each unit will have an internal ventilated trash storage

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closet, and trash cans can be stored in the rear of each structure. My client self-manages his

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properties, which includes about seven properties just on this same set of blocks. So Alex and his

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team will have someone cleaning and ensuring that the trash is restored in the rear after

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collection day both of the structures themselves are under built from a code perspective

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in terms of occupied area rear yard requirements and especially in terms of height

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i did also include a rendering at exhibit eight zoom out for you a little bit

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and again you can really see here that this was designed to try and blend as best as possible

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with that existing brick home immediately next door and then you can see here that vacant lot

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to the east that remains vacant

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regarding the refusals both of these proposals only received one refusal for the proposed

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multi-family use the applicant here submits to several hardships given the history of these

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properties and the completely dominant multi-family character of the western half of the block where

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these properties are located now just starting first with the history the lot at 4175 mantua

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avenue was historically used as a four unit dwelling dating all the way back to the 1940s

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likewise 4177 mantua was historically used as a triplex

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evidence of those historical uses is publicly available but is also included in our exhibits at

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exhibit 11. And then at exhibit 12, you will see a visual representation of the use of adjoining

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structures, showing again what I've presented to the board today, that the western half of this

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block is nearly exclusively multifamily, especially as it pertains to the new construction that has

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been built on this portion of the block as you can see from the color of the stars the blue indicates

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four units uh so nearly all of the new construction that has been approved here has been for four

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units uh with the exception of the couple here that are two units and then the corner which is

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seven uh and in these cases these are each only proposed to have three units so less dense than

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some of the new construction that has been built here and then even across the street is an existing

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three-family dwelling which backs up to that 16 unit that i pointed out earlier all of this

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generally makes sense because the district plan recommended the rezoning specifically to preserve

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the existing single family which really only largely exists on the eastern half of this block

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now despite that the western half is multi-family rendering it extremely unlikely that a new single

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family development could be supported given how this half of the block has developed

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as always we do submit that the number of units is the least minimum as being consistent with

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both the density of surrounding structures as well as the historical use of the lots

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three units are also most appropriate for the interior layout with one unit per floor

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and is not overbuilt from a dimensional perspective the proposal will not

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increase congestion harm neighbors properties or impair light and air and we did meet with

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west belmont and secured a letter of support for both of these proposals which were submitted to

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the board and are also included in my exhibits at exhibit 16 uh at this point i would ask the

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chairman to swear could you please state is it mike one mike one why don't you money pull it

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pull pull to you hi could you please state your name and spell for the stenographer alexander

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mozens a-l-e-k-s-a-n-d-r-m-o-s-e-n-d-z do you swear or affirm to tell the truth told truth

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nothing but the truth i do counsel thank you uh alex have you heard all the testimony and evidence

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that i offered in front of the board today i have uh and do you agree that testimony

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I have.

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And do you agree that testimony was true and accurate?

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was true and accurate and would you adopt it as if

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And would you adopt it as if you had given it to the board yourself?

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I do.

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And just real quickly, can you just give the board a sense, given the number of properties that you own on this block, how you manage them in terms of trash collection, storage, and general maintenance?

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Yeah, we try to, we actually have six on that block.

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The seven is included in that six.

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um we manage our trash uh internally we have internal maintenance um for these two lots um

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we decided to go for a triplex because we've been getting a lot of feedback i don't know if you

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