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Puzzled the First Time by 4043 Irving, Will the Council Make up Its Mind Tonight?

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In the spirit of these financially shaky times, the City Council once again will be downsized tonight, from five members to four, because of a recusal, for the key item on the 7 o’clock agenda:



What to do about a proposed, but stalled, mixed-use project at 4043 Irving Pl., just behind Fire Station No. 1, on the edge of Downtown.

An email was circulated over the weekend over the signature of the two couples who have appealed the Planning Commission’s approval of the 24-to-28-condo building.

The email suggested that City Hall reacquire the property from the builders and put up “affordable housing” in place of the present plans.

This might work as a social justice gesture.

But it does not appear to address the most fundamental and frequent of the 119 fiery complaints of nearby residents filed the last time this came before the Council, on Nov. 17. The neighbors say they cannot accept an uptick in traffic, much less parking spaces, on already overcrowded surrounding streets.

Which One Will They Choose?

The potentially deadlocked Council tonight faces at least four options, the same ones it deftly avoided two weeks ago, the first time the members considered 4043 Irving:


• Modify the plans of builders Sal Gonzales and George Mitsanis.


• Deny the appeal fled by two neighboring couples, Michael and Judy Miller, Jim and Michelle Benke, after the Planning Commission months ago approved the project.


• Grant the Miller-Benke appeal, effectively rewinding the process.


• Return the matter to the advisory Planning Commission, which would convey two messages: (a) The City Council is unable/unwilling to figure out a solution, and (b) this procedure would delay the Gonzales-Mitsanis project by at least months.



Eventually, however, members of the City Council, except for the recused Andy Weissman, will be forced to commit themselves to taking a public position.

Sending the matter back to the Planning Commission because it is too difficult or too sensitive for the Council to resolve merely delays the inevitable. Whether it is this month or this year, the remaining Council members — Mayor Scott Malsin, Vice Mayor Gary Silbiger, plus Chris Armenta and Mehaul O’Leary — will be forced to make pivotal call.

On Nov. 17, the City Council reluctantly agreed to give City Manager Jerry Fulwood two weeks to mediate a solution between the appellants and the builders.

The talks have failed, so far, although one final attempt was scheduled before tonight’s City Council meeting.

Meanwhile, Councilman Weissman will be enjoying himself off-stage because his law offices are within the orbit of the property under consideration.